Decree No. 109/2011/ND-CP amending and supplementing certain articles of Decree No. 47/2009/ND-CP dated May 13, 2009, of the Government on administrative penalties for violations concerning copyright and related rights. 109/2011/NĐ-CP

✦ Smart summary

Decree No. 109/2011/ND-CP amends and supplements certain articles of Decree No. 47/2009/ND-CP on administrative penalties related to copyright and related rights. The new provisions mainly focus on determining the value of infringing goods and specific monetary fines, ranging from VND 500,000 to VND 500,000,000 depending on the value of the infringing goods.

Scope of application

Individuals, businesses, and organizations that commit acts violating copyright and related rights such as distribution, reproduction, publication, production, distribution of sound recordings, video recordings, and infringement of the right to distribute copies of broadcast programs.

Key points

Individuals/businesses → subject to administrative penalties for copyright and related rights violations → monetary fines ranging from VND 500,000 to VND 500,000,000 depending on the value of the infringing goods.
Individuals/businesses → must determine the value of the infringing goods as the basis for punishment; if unable to determine, the monetary fine ranges from VND 10,000,000 to VND 90,000,000.
Individuals/businesses → have their infringing goods and means used to commit the violation confiscated.
Individuals/businesses → must bear responsibility for remedying the consequences, including destroying infringing goods or putting infringing raw materials, materials, means, and equipment back into use.
Individuals/businesses → are ordered to remove electronic copies of works on the Internet, in electronic information devices, and other devices.

🌐 Social impact of this document

Positive impact: Strengthening the protection of intellectual property rights, preventing administrative violations related to cultural and artistic works.
Negative impact: Increased costs of penalties may be imposed on individuals and businesses.
The entities most affected are book production and trading establishments, music, film, and online service providers.

❓ Frequently asked questions

What is the monetary fine for copyright infringement?

The monetary fine ranges from VND 500,000 to VND 500,000,000 depending on the value of the infringing goods.

If the value of the infringing goods cannot be determined, what is the monetary fine?

In this case, the monetary fine ranges from VND 10,000,000 to VND 90,000,000.

What must individuals/businesses subject to administrative penalties for copyright infringement do?

Individuals/businesses must determine the value of the infringing goods, pay the prescribed monetary fine, and take measures to remedy the consequences, such as destroying infringing goods or removing electronic copies of works.

When does this Decree come into effect?

This Decree takes effect from January 20, 2012.

Which agencies are responsible for implementing this Decree?

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial/municipal People's Committees directly under the central government are responsible for implementing this Decree.

Full text

DECREE

Amending and supplementing some articles of Decree No. 47/2009/NĐ-CP dated May 13, 2009 of the Government on administrative penalties for violations concerning copyright and related rights

provisions on administrative sanctions for violations concerning copyright and related rights

_______________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Code dated June 14, 2005;

Pursuant to the Intellectual Property Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

Pursuant to the Administrative Violations Handling Law dated July 2, 2002 and the Law Amending and Supplementing Some Provisions of the Administrative Violations Handling Law dated April 2, 2008;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 47/2009/NĐ-CP dated May 13, 2009 of the Government on administrative penalties for violations concerning copyright and related rights:

1. Article 3 shall be amended and supplemented with Clause 3 as follows:

"Article 3. Forms of administrative penalty and determination of the value of infringing goods"

"3. Determination of the value of infringing goods

a) After temporarily seizing infringing goods, the person authorized to impose administrative penalties must conduct an appraisal as the basis for determining the fine range and the authority to impose administrative penalties according to the provisions of Article 28 of Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law on protecting intellectual property rights and state management of intellectual property, which has been amended and supplemented at Clause 6 of Article 1 of Decree No. 119/2010/NĐ-CP dated December 30, 2010 of the Government amending and supplementing certain provisions of Decree No. 105/2006/NĐ-CP and Article 34 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violations Handling Law.

The value of the infringing goods discovered and the documents and grounds for determining the value of the infringing goods must be clearly recorded in the administrative violation record and kept in the case file.

b) In cases where the value of the infringing goods cannot be determined according to the provisions of point a, Clause 3 of this Article, the monetary penalty shall be implemented according to the provisions of Clause 2 of Article 20, Clause 2 of Article 23, Clause 2 of Article 31, Clause 2 of Article 33, Clause 2 of Article 34, Clause 2 of Article 35, Clause 2 of Article 37, Clause 2 of Article 39, and Clause 2 of Article 41, which have been amended and supplemented by this Decree."

2. Article 20 shall be amended as follows:

"1. The act of distributing works under the form of sale without the permission of the copyright owner or a collective management organization for copyright owners shall be penalized as follows:

a) A fine from VND 500,000 to VND 1,500,000 in cases where the value of the infringing goods is up to VND 5,000,000;

b) A fine from VND 1,500,000 to VND 2,500,000 in cases where the value of the infringing goods is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 2,500,000 to VND 5,000,000 in cases where the value of the infringing goods is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 5,000,000 to VND 10,000,000 in cases where the value of the infringing goods is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 10,000,000 to VND 15,000,000 in cases where the value of the infringing goods is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 15,000,000 to VND 25,000,000 in cases where the value of the infringing goods is from VND 50,000,000 to VND 100,000,000;

g) A fine from VND 25,000,000 to VND 50,000,000 in cases where the value of the infringing goods is from VND 100,000,000 to VND 200,000,000;

h) A fine from VND 50,000,000 to VND 100,000,000 in cases where the value of the infringing goods is from VND 200,000,000 to VND 300,000,000;

i) A fine from VND 100,000,000 to VND 150,000,000 in cases where the value of the infringing goods is from VND 300,000,000 to VND 400,000,000;

k) A fine from VND 150,000,000 to VND 200,000,000 in cases where the value of the infringing goods is from VND 400,000,000 to VND 500,000,000;

l) A fine from VND 200,000,000 to VND 250,000,000 in cases where the value of the infringing goods exceeds VND 500,000,000.

2. In cases where the value of the infringing goods cannot be determined for the act specified in Clause 1 of this Article, a fine from VND 10,000,000 to VND 90,000,000 shall be imposed.

3. Additional forms of punishment:

Seize the infringing goods and means used to commit the administrative violation.

4. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means, and equipment used in committing the administrative violation;

b) Order the removal of electronic copies of the work on the Internet, in electronic computing devices, and other devices."

3. Article 23 shall be amended as follows:

"1. The act of reproducing a work without the permission of the copyright owner or a collective management organization for copyright owners shall be penalized as follows:

a) A fine from VND 1,000,000 to VND 3,000,000 in cases where the value of the infringing goods is up to VND 5,000,000;

b) A fine from VND 3,000,000 to VND 5,000,000 in cases where the value of the infringing goods is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 5,000,000 to VND 10,000,000 in cases where the value of the infringing goods is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 10,000,000 to VND 20,000,000 in cases where the value of the infringing goods is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 20,000,000 to VND 30,000,000 in cases where the value of the infringing goods is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 30,000,000 to VND 50,000,000 in cases where the value of the infringing goods is from VND 50,000,000 to VND 100,000,000;

g) A fine from VND 50,000,000 to VND 100,000,000 in cases where the value of the infringing goods is from VND 100,000,000 to VND 200,000,000;

h) A fine from VND 100,000,000 to VND 200,000,000 in cases where the value of the infringing goods is from VND 200,000,000 to VND 300,000,000;

i) A fine from VND 200,000,000 to VND 300,000,000 in cases where the value of the infringing goods is from VND 300,000,000 to VND 400,000,000;

k) A fine from VND 300,000,000 to VND 400,000,000 in cases where the value of the infringing goods is from VND 400,000,000 to VND 500,000,000;

l) A fine from VND 400,000,000 to VND 500,000,000 in cases where the value of the infringing goods exceeds VND 500,000,000.