Decree No. 119/2020/ND-CP on administrative sanctions for violations in journalism activities and publishing activities

DECREE
Regulations on Administrative Sanctions for Violations in Press Activities and Publishing Activities

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Press dated April 5, 2016;

Pursuant to the Law on Publishing dated November 20, 2012;

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree on administrative sanctions for violations in press activities and publishing activities.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violations, forms and levels of sanctions, measures to remedy consequences, authority to issue violation records, and authority to impose administrative sanctions in press activities and publishing activities.

Article 2. Applicability

1. Individuals and organizations committing administrative violations in press activities and publishing activities within the territory of the Socialist Republic of Vietnam.

2. Persons authorized to issue violation records and persons authorized to impose administrative sanctions.

3. Related individuals and organizations.

4. Organizations as specified in Clause 1 of this Article include:

a) Press agencies and publishers established in accordance with laws on press and publishing;

b) State agencies;

c) Economic organizations operating in accordance with laws;

d) Foreign organizations, permanent offices of foreign press agencies, representative offices of foreign publishers, or organizations distributing foreign publications in Vietnam;

đ) Public service units and other organizations participating in press activities and publishing activities as prescribed by law.

Article 3. Forms of Sanctions and Measures to Remedy Consequences

1. For each act of administrative violation in press activities and publishing activities, the violator must bear one of the following main forms of sanction: warning or fine.

2. Depending on the nature and degree of the violation, individuals and organizations committing such violations may also be subject to the following supplementary forms of sanction:

a) Suspension of the right to use licenses for a period of from one to twelve months, including: license for print newspaper, magazine, radio, television, online newspaper, online magazine, additional publication license, special section publication license, license for providing pay broadcasting and television services, certificate for registering foreign television signal reception directly from satellites, production channel program license, import newspaper and magazine license, certificate for registering foreign channel programs on pay broadcasting and television services, website establishment license, bulletin publication license, special edition publication license, publisher establishment license, foreign publisher representative office establishment license or organization distributing foreign publications in Vietnam license, printing publication product operation license, import and export publication product business license;

b) Confiscate contraband items and means of transport for administrative violations;

c) Suspension of operations for a period of from one to twelve months.

3. In addition to the sanctions prescribed in Clauses 1 and 2 of this Article, individuals and organizations committing administrative violations may also be subject to one or several of the following remedial measures:

a) Compel to publish corrections and apologies;

b) Compel to recall press products, information products with press characteristics, radio and television programs, publications violating legal provisions;

c) Compel to remove false information, information violating legal provisions that have been published or broadcast on online newspapers, online magazines, comprehensive information websites; compel to remove radio and television programs; compel to remove value-added applications, radio and television applications on the internet; compel to remove electronic publications violating legal provisions; compel to remove links to comprehensive information websites containing illegal content;

d) Compel to return illegal profits obtained through the implementation of the violation;

đ) Compel to re-publish or re-broadcast correction and apology content;

e) Compel to publish or broadcast the full content of the conclusion of competent state authorities;

g) Compel to publicly apologize;

h) Compel to comply with legal requirements for archiving press products;

i) Compel to submit archived press products to the correct location and quantity;

k) Compel to submit archived products or publications to the National Library of Vietnam as prescribed;

l) Compel to return confiscated equipment and materials of journalists and reporters;

m) Compel to re-export imported publications serving international conferences and seminars in Vietnam approved by competent Vietnamese authorities or property of organizations, families, or individuals for personal use; compel to re-export printed newspapers and magazines not registered in the list of imported press products with the Ministry of Information and Communications before importation;

n) Compel to destroy press products, information products with press characteristics, radio and television programs, publications violating legal provisions;

o) Compel to remove articles on online newspapers, online magazines, radio and television programs with content inconsistent with the purpose stated in the license; compel to remove articles posted without complying with the content information in the comprehensive information website establishment license;

p) Compel to revoke domain names and Internet Protocol (IP) addresses.

Article 4. Amount of fines and authority to impose penalties

1. The maximum amount of fine for each administrative violation in press activities and publishing activities is 200,000,000 VND for organizations and 100,000,000 VND for individuals.

2. The amount of fine for administrative violations prescribed in Chapters II and III of this Decree shall be applied to organizations, except for violations stipulated in Article 6 of this Decree which shall be fined for individuals.

For the same administrative violation, the amount of fine for individuals shall be half the amount of fine for organizations.

3. The authority to impose fines for the positions prescribed in Chapter IV of this Decree shall apply to one administrative violation of an organization, and the authority to impose fines for one administrative violation of an individual shall be half the authority to impose fines for an organization.

Chapter II
ADMINISTRATIVE VIOLATIONS IN PRESS ACTIVITIES, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES

Article 5. Violations concerning permits

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Changing the broadcasting channel logo, television channel logo without approval documentation from the Ministry of Information and Communications;

b) Changing the broadcasting time, self-produced program duration of the broadcasting channel, television channel as specified in the broadcasting operation permit, television operation permit, domestic broadcasting channel production permit, domestic television channel production permit;

c) Changing the name of the main managing body of the press; the name of the press agency; the name of the broadcasting channel, television channel; broadcasting location; headquarters location linked to the central control center; transmission method, broadcasting method as specified in the broadcasting operation permit, television operation permit but not approved by the Ministry of Information and Communications.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Engaging in information, press activities not in accordance with the purpose, program recorded in the permit issued by the Ministry of Foreign Affairs;

b) Implementing content not in accordance with the publication bulletin, special supplement permit record.

3. Imposing a fine of between 15,000,000 VND and 30,000,000 VND for any of the following acts:

a) Altering, erasing the press activity permit;

b) Implementing content not in accordance with the press activity permit record, except for the violation stipulated in point e, Clause 4 and point d, Clause 5 of Article 8 of this Decree;

c) Engaging in information, press activities without a permit from the Ministry of Foreign Affairs;

d) Publishing bulletins, special supplements without a permit;

đ) Violating regulations on conditions for establishing representative offices, appointing resident correspondents of press agencies;

e) Foreign press agencies, foreign representative bodies, foreign organizations in Vietnam conducting press activities, activities related to press without the approval of competent Vietnamese authorities;

g) Foreign press agencies setting up permanent offices in Vietnam without written consent from competent state authorities.

4. Imposing a fine of between 30,000,000 VND and 50,000,000 VND for the act of publishing additional press publications, supplements, opening special sections for online newspapers, magazines; producing additional broadcasting channels, television channels without a permit.

5. Imposing a fine of between 140,000,000 VND and 200,000,000 VND for the act of engaging in print newspapers, magazine printing, radio broadcasting, television broadcasting, online newspaper, magazine activities without a press operation permit as prescribed, except for the case stipulated in point c, Clause 3 of this Article.

6. Additional forms of punishment:

a) Seizing the objects of administrative violations for acts stipulated in points a, c and d, Clause 3; seizing the objects of administrative violations as press publications, supplements for acts stipulated in Clause 4; seizing the objects of administrative violations as printed newspapers, magazine prints for acts stipulated in Clause 5 of this Article;

b) Revoking the right to use the permit for three to six months for the act stipulated in point a, Clause 2 of this Article.

Article 6. Violations concerning press activities and the use of journalist cards

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Using a journalist card that has expired to engage in press activities;

b) Foreign journalists and foreign press assistants engaging in press activities in Vietnam without a valid foreign journalist card issued by the Ministry of Foreign Affairs of Vietnam;

c) The head of a press agency or the working unit of a person required to return their journalist card failing to collect the journalist card or collecting it but not submitting it to the Ministry of Information and Communications or not notifying in writing in cases where the person holding the journalist card has been transferred to another job and is no longer eligible for a journalist card; the person holding the journalist card has retired; the person's labor contract has expired and they have not signed a new contract or continue to work at the press agency;

d) A person holding a journalist card failing to return the card (except in cases where there is confirmation from the police station of the place where the card was lost about the loss of the card) in the following situations: When the press agency's press operation license is revoked; when transferred to another job and is no longer eligible for a journalist card; when retired; when the labor contract has expired and a new contract has not been signed or continued work at the press agency has ceased;

đ) The head of a press agency assigning or granting authority to subordinates to assign journalists or reporters to engage in press activities contrary to the purposes stated in the press operation license;

e) Journalists engaging in press activities contrary to the purposes stated in the press operation license of the press agency they work for;

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Impersonating a journalist or reporter to engage in press activities;

b) Misusing the status of a journalist or reporter to interfere with or obstruct lawful activities of organizations or individuals;

c) Using a journalist card that has been altered or erased to engage in press activities;

3. A fine of VND 20,000,000 to VND 40,000,000 for the act of misusing the status of a journalist or reporter for personal gain;

4. Additional penalties:

Confiscation of contraband items for violations stipulated in point a Clause 1, point c Clause 2 and Clause 3 of this Article;

Article 7. Acts of unlawfully obstructing press activities

1. A fine of VND 10,000,000 to VND 20,000,000 for acts of unlawfully obstructing the professional activities of journalists or reporters;

2. A fine of VND 20,000,000 to VND 30,000,000 for acts of illegally seizing the means and materials for press activities of journalists or reporters;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Insulting the dignity and reputation of journalists or reporters while they are engaged in their professional activities;

b) Destroying or intentionally damaging the means and materials for press activities of journalists or reporters;

4. A fine of VND 40,000,000 to VND 60,000,000 for acts of making threats against the lives of journalists or reporters without reaching the level of criminal prosecution;

5. Measures to remedy consequences:

a) Compelling an apology for acts stipulated in Clauses 2, 3, and 4 of this Article;

b) Compelling the return of seized means and materials for acts stipulated in Clause 2 of this Article;

Article 8. Violations concerning the publication and broadcast of information content on press, news bulletins, and special issues

1. A warning or a fine of VND 500,000 to VND 2,000,000 for the act of not clearly stating the source of the information when publishing or broadcasting on the press using information provided by agencies, organizations, or responsible persons to the press;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Publishing or broadcasting false information causing minor adverse effects;

b) Illustrating or titling news stories in a manner inconsistent with the content, leading readers to misunderstand the information;

c) Publishing or broadcasting images of individuals without their consent, except in cases otherwise provided by law;

d) Publishing or broadcasting feedback responses that do not fully reflect the content as prescribed in Clause 4, Article 43 of the Press Law or publishing or broadcasting not at the time prescribed in Clause 2, Article 43 and Clause 5, Article 42 of the Press Law;

3. A fine of VND 10,000,000 to VND 30,000,000 for one of the following acts:

a) Publishing or broadcasting articles, images, or videos that are inconsistent with Vietnamese customs and traditions;

b) Publishing or broadcasting information promoting outdated customs, superstitions, or irrational beliefs;

c) Incorrectly representing national sovereignty when publishing or broadcasting maps of Vietnam;

d) Publishing or broadcasting information affecting the normal physical and mental development of children;

đ) Failing to publish or broadcast feedback opinions of relevant agencies, organizations, or individuals related to journalistic works as prescribed in Clause 2 and Clause 3, Article 43 of the Press Law;

e) Publishing or broadcasting programs for children that do not ensure the required content ratio, timing, and duration on the press;

g) Failing to comply with mandatory requirements when publishing or broadcasting news articles or programs related to children on the press;

h) Failing to implement or implementing incorrectly regulations regarding warnings about content unsuitable for children on the press;

i) Disclosing private information of individuals without their consent;

k) Publishing or broadcasting information infringing upon the privacy or security of correspondence of individuals;

4. A fine of VND 30,000,000 to VND 50,000,000 for one of the following acts:

a) Describing in detail criminal acts or horrific accidents in news articles, images, or videos;

b) Accusing someone of a crime before a court has rendered a final judgment;

c) Publishing or broadcasting information about mysterious events causing public panic, adversely affecting social order, safety, and community health;

d) Publishing or broadcasting information about relatives or relationships of individuals involved in negative cases without evidence proving that these relatives or relationships are related to the negative case or without a conclusion from competent state authorities;

đ) Promoting or placing links to websites containing content that violates legal provisions;

e) Operating contrary to the purposes stated in the press operation license or not in accordance with the domestic channel production permit, causing minor adverse effects;

5. A fine of VND 50,000,000 to VND 70,000,000 for one of the following acts:

a) Publishing or broadcasting false information causing serious adverse effects;

b) Publishing information containing false content, distorting facts, and insulting the reputation and prestige of organizations, or the dignity and personality of individuals;

c) Publishing detailed descriptions of obscene or lewd actions;

d) Operating contrary to the purposes and objectives stated in the press operation permit, or not in accordance with the domestic program channel production permit, causing serious impact;

6. A fine of from VND 70,000,000 to VND 100,000,000 for any of the following acts:

a) Publishing false information causing very serious impact;

b) Publishing news, articles, images inciting violence;

7. A fine of from VND 100,000,000 to VND 150,000,000 for the act of publishing, introducing, promoting works or materials, or content within works or materials that have been suspended from circulation, recalled, confiscated, banned, or destroyed;

8. A fine of from VND 150,000,000 to VND 200,000,000 for any of the following acts:

a) Publishing information inconsistent with the interests of the country and the people;

b) Publishing distorted or fabricated information causing public panic;

c) Publishing information with content affecting the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam;

d) Publishing information distorting history, denying revolutionary achievements, insulting the nation, or national heroes;

đ) Publishing information affecting the unity of the people;

e) Publishing information infringing upon freedom of belief and religion;

g) Publishing information with content listed in the State Secrets Catalogue but not reaching the level of criminal prosecution;

9. Additional forms of punishment:

a) Seizing administrative violation objects, which are printed press products such as newspapers, magazines, bulletins, special issues, for the act specified in point c Clause 3; Clauses 6, 7, and 8 of this Article;

b) Revoking the right to use the press license or suspending operations for a period of from 01 to 12 months for the act specified in point d Clause 5; Clauses 6, 7, and 8 of this Article;

10. Measures to address consequences:

a) Compelling the press agency to publish corrections and apologies for the acts specified in points a, b, and c Clause 2; points a, b, c, d, i, and k Clause 3; points a, b, c, and d Clause 4; points a, b, and c Clause 5; Clauses 6, 7, and 8 of this Article;

b) Compelling the removal of false information or information violating legal provisions published on online newspapers, online magazines, radio broadcasts, television broadcasts, for violations specified in points a, b, and c Clause 2; points a, b, c, d, i, and k Clause 3; points a, b, c, and d Clause 4; points a, b, and c Clause 5; Clauses 6, 7, and 8 of this Article;

c) Compelling the removal of content introducing, promoting, or linking to websites with illegal content as specified in point d Clause 5 of this Article;

d) Compelling the removal of content promoting or linking to websites with illegal content as specified in point đ Clause 4 of this Article;

Article 9. Violations concerning the provision of information to the press and the use of press information;

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Obstructing the provision of information to the press by organizations or individuals;

b) Failing to provide information to the press as prescribed in Clause 1, Article 38 of the Press Law;

c) Not complying with the regulations on deadlines for notification or publication, broadcast, or response to opinions, suggestions, criticisms, complaints, or requests;

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Failing to accurately and truthfully reflect the content of interviews;

b) Failing to implement the request to review the content of responses before publishing or broadcasting interview content in the press;

c) Using statements made at conferences, seminars, meetings, exchanges, or speeches without the speaker's consent to create interview articles;

d) Providing untruthful or false information to the press;

3. Measures to remedy consequences:

Compelling corrections and apologies for the acts specified in points a and c Clause 2 of this Article.

Article 10. Violation of correction regulations in the press

1. A warning shall be imposed for the act of implementing corrections and apologies not in accordance with the prescribed position, font style, and font size.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Not notifying the correction or apology to relevant agencies, organizations, or individuals;

b) Publishing or broadcasting correction or apology information without clearly stating the content of the correction or apology, the name of the press work, the column name, the issue number, and the date of publication or broadcast that requires correction.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not removing false information;

b) Not notifying other press agencies and general news websites that have agreements on using their articles to republish the correction or apology;

c) Publishing magazines more than once every thirty days without immediately providing a written response to the agency or individual organization when there is false information;

d) Not establishing a special column on the homepage of the online newspaper or magazine to implement corrections and apologies;

đ) Publishing or broadcasting correction or apology information without fully disclosing the false, distorted, defamatory, or insulting content about the reputation of agencies or organizations, and the honor and dignity of individuals published or broadcast in the press work and the corrected information;

e) Implementing corrections and apologies not at the prescribed time.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not making corrections or apologies as prescribed;

b) Not publishing or broadcasting the conclusion of the competent state agency regarding the false, distorted, defamatory, or insulting content about the reputation of agencies or organizations, and the honor and dignity of individuals published or broadcast in the press;

5. Measures to remedy consequences:

a) Compel corrections and apologies for the acts stipulated in point a, Clause 4, Article 10 herein;

b) Compel the re-publication or re-broadcasting of the correction or apology content for the acts stipulated in point đ, Clause 3, Article 10 herein;

c) Compel the full publication or broadcasting of the conclusion of the competent state agency for the acts stipulated in point b, Clause 4, Article 10 herein;

d) Compel the removal of false information for the acts stipulated in point a, Clause 3, Article 10 herein.

Article 11. Violation of press conference regulations

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for holding a press conference without prior written notice or failing to notify within the prescribed time.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for holding a press conference with content not matching the content approved by the state management agency for the press or not matching the content previously notified to the state management agency for the press.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for holding a press conference after being suspended by a competent state authority.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for holding a press conference with content that distorts or insults the reputation of organizations or the honor and dignity of individuals.

5. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for holding a press conference with content inciting violence.

6. A fine of VND 140,000,000 to VND 200,000,000 shall be imposed for holding a press conference with content affecting national interests but not reaching the level of criminal prosecution.

7. Additional forms of administrative sanction:

Seize the objects of administrative violations for the acts stipulated in Clauses 4, 5, and 6 of this Article.

8. Measures to remedy consequences:

Compel public apologies on mass media for the acts stipulated in Clauses 4, 5, and 6 of this Article.

Article 12. Violation of provisions on information that must be recorded and displayed in newspapers, bulletins, special issues

1. Warning shall be imposed for the act of not recording or incorrectly recording the contents as prescribed for information that must be recorded and displayed in newspapers, bulletins, special issues.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of presenting on the front page or cover of printed newspapers, magazines, home page, or other pages of online newspapers, magazines with content unsuitable for the product of the press.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not displaying symbols or sound effects for radio or television broadcasts.

Article 13. Violation of provisions on the distribution of press products and information products with journalistic characteristics

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Obstructing the distribution or transmission of legitimate press products and information products with journalistic characteristics;

b) Selling illegally imported press products.

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Distributing press products and information products with journalistic characteristics without permission or subject to a decision to recall or confiscate;

b) Failing to implement the recall of press publications and information products with journalistic characteristics when there is a decision to recall.

3. Measures to remedy consequences:

a) Order the recall of press products and information products with journalistic characteristics for the act stipulated at point b, Clause 1 and point b, Clause 2 of this Article;

b) Order the destruction of press products and information products with journalistic characteristics for the act stipulated at point b, Clause 1 and Clause 2 of this Article;

c) Order the return of illegal profits obtained from implementing administrative violations for the act stipulated at point b, Clause 1 and point a, Clause 2 of this Article.

Article 14. Violation of provisions on press archiving

1. Warning shall be imposed for the act of submitting press products for archiving at incorrect locations, times, or quantities as prescribed.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to clearly display information on printed newspapers, magazines submitted for archiving, the number of copies distributed, the date and time of submission for archiving, and the signature of the head of the press agency or authorized person on the printed newspapers, magazines submitted for archiving.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Failure to implement press archiving as prescribed;

b) Failure to retain the entire program transmitted or broadcast or retaining it for an incorrect period as prescribed for radio and television broadcasts; failure to retain the complete content of the published or broadcast information or retaining it for an incorrect period as prescribed for online newspapers and magazines;

c) Failure to provide broadcasting signals (for radio and television broadcasts), data access rights (for online newspapers and magazines) upon request of the electronic archiving agency;

d) Failure to ensure consistency and accuracy between the content of works published or broadcast and the content provided to the electronic archiving agency.

4. Measures to remedy consequences:

a) Order the implementation of press archiving procedures for the act stipulated at point a, Clause 3 of this Article;

b) Order the submission of press products for archiving at the correct location and quantity for the act stipulated in Clause 1 of this Article;

c) Order the provision of accurate published or broadcast content for the act stipulated at point d, Clause 3 of this Article.

Article 15. Violations concerning the export and import of printed press

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of importing printed newspapers and magazines without registering the list of imported press with the Ministry of Information and Communications before importation.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of importing printed newspapers and magazines without going through the press import entity licensed by the Ministry of Information and Communications.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Importing or exporting printed newspapers and magazines containing content that promotes outdated customs, superstitions, and superstitious beliefs; information about mysterious events causing public panic, adversely affecting social order, safety, and community health;

b) Importing or exporting printed newspapers and magazines containing content inconsistent with Vietnamese traditional customs and aesthetics;

c) Importing or exporting printed newspapers and magazines containing content that affects the normal physical and mental development of children;

d) Importing or exporting printed newspapers and magazines containing content infringing upon personal privacy or mail security;

4. A fine of VND 30,000,000 to VND 50,000,000 for one of the following acts:

a) Importing or exporting printed newspapers and magazines containing obscene or pornographic content;

b) Importing or exporting printed newspapers and magazines containing false, distorted, or defamatory content against organizations' reputation and individuals' dignity and personality;

5. A fine of VND 70,000,000 to VND 100,000,000 for the act of importing or exporting printed newspapers and magazines containing content inciting violence;

6. A fine of VND 150,000,000 to VND 200,000,000 for the act of importing printed newspapers and magazines containing content affecting national interests without reaching the level of criminal prosecution;

7. A fine of VND 150,000,000 to VND 200,000,000 for the act of exporting printed newspapers and magazines containing content affecting national interests without reaching the level of criminal prosecution;

8. Additional forms of punishment:

Revocation of the license usage rights for three to twelve months for the acts stipulated in Clause 6 of this Article;

9. Remedial measures:

a) Order the destruction of press products for the acts stipulated in Clauses 3, 4, 5, 6, and 7 of this Article;

b) Order the return of illegal profits obtained from implementing administrative violations for the acts stipulated in Clauses 3, 4, 5, 6, and 7 of this Article;

c) Order the re-export of printed newspapers and magazines for the acts stipulated in Clause 1 and Clause 2 of this Article;

Article 16. Violations concerning the reception of foreign television signals directly from satellites not belonging to broadcasting services

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Receiving foreign television signals directly from satellites not belonging to broadcasting services without a certificate of registration for receiving foreign television signals directly from satellites;

b) Repairing, erasing, or renting out or lending certificates of registration for receiving foreign television signals directly from satellites;

c) Implementing the content not in accordance with the certificate of registration for receiving foreign television signals directly from satellites;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Implementing agreements or concluding contracts to provide direct satellite television signals without registering as the main entity establishing equipment systems for receiving foreign television signals directly from satellites;

b) Receiving foreign television signals directly from satellites without a certificate of registration for receiving foreign television signals directly from satellites;

c) Providing foreign television signals directly from satellites to entities not having a certificate of registration for receiving foreign television signals directly from satellites;

3. A fine of VND 150,000,000 to VND 200,000,000 for the act of providing foreign television signals directly from satellites containing content affecting national interests without reaching the level of criminal prosecution;

4. Additional forms of administrative punishment:

Seizure of contraband items for the acts stipulated at point b Clause 1; point b Clause 2 and Clause 3 of this Article.

Article 17. Violations concerning management and provision of broadcasting and television services

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Failing to implement or implementing incorrectly the installation of broadcasting and television service names and icons on program channels as prescribed;

b) Not fully disclosing information about service prices, package prices linked to basic technical specifications of the services and packages;

c) Failing to comply with regulations on announcing and posting the quality of broadcasting and television services;

d) Failing to comply with regulations on self-inspection and monitoring the quality of broadcasting and television services;

đ) Failing to notify in writing the licensing authority within thirty days from the date of officially changing the main office address, legal representative, business registration certificate, investment registration certificate;

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Installing service names and icons on channels serving political tasks and essential propaganda information;

b) Establishing records improperly or failing to establish records for providing requested content and value-added content;

c) Failing to comply with regulations specified in the certificate of registration for channel program directories on paid broadcasting and television services;

d) Obstructing or delaying the agreement on signal reception points for channels serving political tasks and essential propaganda information for broadcasting and television service providers;

đ) Failing to issue internal regulations on self-inspection of broadcasting and television service quality as prescribed;

e) Failing to register model contracts with competent state agencies or using contracts that do not conform to registered model contracts;

g) Failing to post or posting insufficiently information about service prices, package prices linked to basic technical specifications of the services and packages;

h) Failing to announce or post or announcing and posting incorrectly the quality of broadcasting and television services;

i) Failing to comply with regulations on self-inspection and monitoring the quality of broadcasting and television services;

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Failing to comply with regulations stipulated in the license for broadcasting and television service provision;

b) Providing more than 30% of the total number of exploited channels with foreign program channels on paid broadcasting and television services;

c) Failing to provide all pay television subscribers with channels serving national political tasks and essential propaganda information as prescribed;

d) Failing to provide all local television subscribers with channels serving local political tasks and essential propaganda information as prescribed;

đ) Providing services at a lower quality than the announced service quality level;

e) Pre-installing applications on user terminal devices to access broadcasting and television services in violation of the law;

g) Providing channels on paid broadcasting and television services without a certificate of registration for channel program directories on broadcasting and television services;

h) Providing requested content and value-added content without editing as prescribed;

i) Providing channels and programs on paid broadcasting and television services without a lawful copyright agreement with the content owner;

4. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Providing pre-installed foreign advertising information in foreign program channels;

b) Failing to transmit the complete content of programs and channels provided by content providers to broadcasting and television service subscribers;

c) Providing foreign channels on paid broadcasting and television services without editing or translating as prescribed;

d) Selling, transferring, leasing, lending broadcasting and television service provision licenses in any form;

đ) Providing foreign channels on promotional broadcasting and television services;

e) Providing requested service packages and value-added services on promotional broadcasting and television services;

5. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Providing domestic channels on broadcasting and television services without a domestic channel production license as prescribed;

b) Providing programs and channels on broadcasting and television services containing content not allowed to be published in the press, prohibited content, or content subject to recall or confiscation;

c) Providing paid broadcasting and television services with foreign capital without Prime Minister's approval;

d) Providing programs and channels to broadcasting and television service providers without permission from the content owners or beyond the authority delegated by the content owners;

6. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts:

a) Providing paid broadcasting and television services without a license;

b) Providing programs and channels on paid broadcasting and television services containing content affecting national interests without reaching the threshold for criminal prosecution;

7. Additional forms of administrative sanction:

Seizure of administrative violation objects for the act prescribed in Clause 6 of this Article;

8. Measures to remedy consequences:

a) Order removal of requested content and value-added content for the acts prescribed in Points h and i of Clause 3; Point e of Clause 4 of this Article;

b) Order removal of broadcasting and television applications on the network for violations prescribed in Point e of Clause 3 of this Article;

c) Order return of unlawful profits obtained from committing administrative violations for the act prescribed in Point a of Clause 6 of this Article.

Article 18. Violations concerning the provision of foreign program channels on broadcasting and television services

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Implementing provisions in the registration certificate for providing foreign program channels on paid broadcasting and television services contrary to regulations;

b) Implementing provisions in the editing permit for foreign program channels on paid broadcasting and television services contrary to regulations.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Providing foreign program channels when the registration certificate for providing foreign program channels on paid broadcasting and television services has expired or failing to amend or supplement the registration certificate for providing foreign program channels on broadcasting and television services when there is a change in the type or content of the program channel;

b) Editing or translating foreign program channels when the editing permit for foreign program channels on paid broadcasting and television services has expired or failing to amend or supplement the editing permit for foreign program channels when there is a change in the type or content of the program channel.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Providing foreign program channels with content copyright fees to service providers of paid broadcasting and television without a registration certificate for providing foreign program channels;

b) Editing or translating foreign program channels on broadcasting and television services not in accordance with regulations.

4. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Providing pre-installed foreign advertising information in foreign program channels;

b) Editing or translating foreign program channels on paid broadcasting and television services without an editing permit for foreign program channels.

Article 19. Violations concerning collaboration in journalism activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of implementing collaboration in producing programs, radio channels, television channels, printed newspapers, printed magazines, online newspapers, and online magazines outside the permitted fields.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Conducting collaborative activities exceeding 30% of the total number of radio channels, television channels licensed for production in cases of full-channel collaboration;

b) Collaborating in producing entertainment radio programs, television programs, game shows, reality TV shows with foreign copyrights, scripts that have not been localized and are not suitable to Vietnamese customs and traditions;

c) Conducting collaborative activities in producing programs on radio channels, television channels serving political tasks, essential information dissemination, comprehensive news-political channels with broadcast duration exceeding 30% of the first broadcast duration of such channels.

3. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of conducting collaborative activities in producing news-political radio and television programs.

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for the act of collaborating in producing programs, radio channels, television channels, printed newspapers, printed magazines, online newspapers, and online magazines containing content affecting national interests without reaching the level of criminal prosecution.

5. Additional forms of punishment:

a) Seizure of contraband items for the acts stipulated in Clause 3 and Clause 4 of this Article;

b) Suspension of operations from three months to twelve months for the acts stipulated in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

Order to publish corrections and apologies for the acts stipulated in point b Clause 2 and Clause 4 of this Article.

Article 20. Violations of regulations on online news aggregating websites

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Providing information that infringes upon secrets or the safety of personal correspondence;

b) Failing to comply with the provisions in the license for establishing an online news aggregating website;

c) Providing links to online news websites or applications containing content that violates the law;

d) Not storing aggregated information for a minimum of ninety days from the date it was posted on the online news aggregating website;

đ) Not providing complete information about the name of the managing organization of the online news website, the name of the supervising authority (if applicable), the name of the person responsible for managing the content, address, telephone number, email, valid license number, date of issuance, issuing authority, at the bottom of the online news aggregating website;

e) Publishing, broadcasting journalistic works, literary, artistic works, publications without the consent of the intellectual property rights holder;

g) Not immediately removing aggregated information when the source has removed the information or upon request of the competent state management agency;

h) Not posting correction or apology content from the news agency whose information was cited by the online news aggregating website;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not accurately citing the original source of official information as required;

b) Providing information that promotes outdated customs, superstitions, and other harmful beliefs causing social panic, adversely affecting public order, social security, and community health;

c) Providing information that is not in accordance with Vietnamese traditional customs and aesthetics;

d) Providing information that affects the normal physical and mental development of children;

đ) Not having servers in Vietnam to meet inspection, examination, storage, and information provision requirements of the competent state management agency and to resolve customer complaints;

e) Not implementing procedures for managing public information or implementing them but failing to meet management requirements;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Providing information that incites violence;

b) Providing detailed descriptions of criminal acts, horrific accidents, lewd actions, and immoral behavior;

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Incorrectly representing national sovereignty when publishing or broadcasting images of the map of Vietnam;

b) Providing information that is false, distorts facts, or defames the reputation and prestige of organizations, or the dignity and personality of individuals;

c) Providing information that imputes criminal charges before a court judgment becomes legally binding;

d) Publishing or broadcasting journalistic works, content within journalistic works, publications that have been suspended, recalled, confiscated, banned, removed, or destroyed;

đ) Providing information on an online news aggregating website outside the scope of information aggregation already licensed;

5. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for setting up an online news aggregating website without a license;

6. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts:

a) Providing information opposing the Socialist Republic of Vietnam; undermining the implementation of international solidarity policies without reaching the level of criminal prosecution;

b) Providing information that distorts facts, fabricates stories, causes public panic without reaching the level of criminal prosecution;

c) Providing information that incites war against the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam without reaching the level of criminal prosecution;

d) Providing information that distorts history, denies revolutionary achievements, insults the nation, and heroes without reaching the level of criminal prosecution;

đ) Providing information that fosters hatred, discrimination, division, secession among ethnic groups, infringing upon the equality rights of ethnic communities in Vietnam; causing division among different strata of the people, between the people and the people's administration, with the people's armed forces, with political organizations, and political-social organizations without reaching the level of criminal prosecution;

e) Providing information that infringes upon freedom of belief and religion without reaching the level of criminal prosecution;

g) Providing information that belongs to the list of state secrets without reaching the level of criminal prosecution;

7. Additional forms of administrative sanction:

Revocation of the license for a period of three to twelve months for violations stipulated in Clause 4 and Clause 6 of this Article;

8. Measures to remedy consequences:

a) Order immediate removal of aggregated information when the source has removed the information or upon request of the competent state management agency for violations stipulated in Point g Clause 1 of this Article;

b) Order posting of correction or apology content from the news agency whose information was cited by the online news aggregating website for violations stipulated in Point h Clause 1 of this Article;

c) Order domain name revocation for violations stipulated in Clause 5 of this Article.

Article 21. Violations of reporting regulations in journalism activities and in providing broadcasting and television services, comprehensive online information websites

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Not notifying in writing the competent state agency when changing the location of the representative office or the head of the representative office of the press agency.

b) Not notifying in writing the competent state agency about the establishment, suspension, or termination of the representative office of the press agency; not notifying in writing the competent state agency about the dispatching, change, or suspension of resident reporters.

c) Not notifying in writing the competent state agency when publishing advertising supplements.

d) Reporting or explaining inaccurately, incompletely, or not within the required time frame according to the request of the competent state agency.

đ) An organization or enterprise that has been granted permission to establish a comprehensive online information website changes its owner or location without notification or incomplete written notification within the prescribed time to the competent state agency.

2. A fine of from five million to ten million dong for failing to implement regular reporting as prescribed.

3. A fine of from ten million to twenty million dong for failing to report or explain as requested by the competent state agency.

Chapter III
ADMINISTRATIVE VIOLATIONS IN PUBLISHING ACTIVITIES; FORMS OF PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Article 22. Violations of licensing and operating conditions for publishing

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Not sending a written notice to the Ministry of Information and Communications when changing the place of business of the publisher.

b) Not requesting a new license for establishing a representative office of a foreign publisher or a foreign publication distribution organization in Vietnam when the license is lost or damaged.

c) Not updating or supplementing information in the license for establishing a representative office in Vietnam of a foreign publisher or a foreign publication distribution organization when there is a change in the head, name, or activity content of the representative office.

2. A fine of from five million to ten million dong for changing one of the following contents without obtaining a new license for establishing a publisher: Changing the supervising agency, the name of the supervising agency of the publisher, and the name of the publisher; changing the organizational form of the publisher; changing the mission, purpose, target audience, and main publications of the publisher.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Implementing the content recorded in the license for establishing a publisher incorrectly.

b) Violating the operating conditions for publishers.

c) Operating a representative office of a foreign publisher or a foreign publication distribution organization in Vietnam without meeting the conditions or not in accordance with the content recorded in the license for establishing the representative office.

4. A fine of from twenty million to thirty million dong for failing to terminate the operation of the representative office when the foreign publisher or foreign publication distribution organization ceases operations, dissolves, or goes bankrupt abroad.

5. A fine of from thirty million to fifty million dong for continuing to operate the representative office of a foreign publisher or a foreign publication distribution organization in Vietnam after the license has expired.

6. A fine of from fifty million to one hundred million dong for operating a representative office of a foreign publisher or a foreign publication distribution organization in Vietnam without a license for establishing the representative office.

7. A fine of from one hundred forty million to two hundred million dong for operating a publisher without a license for establishing the publisher.

8. Measures to remedy consequences:

a) Order the confiscation of publications for violations stipulated in Clause 7 of this Article.

b) Order the return of illegal profits for violations stipulated in Clause 7 of this Article.

Article 23. Violations of the procedures and formalities in publishing activities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Not fully recording information in the publication decision according to the prescribed model;

b) Inadequate storage of editing file drafts and related documents of publications;

c) Using the author's or copyright owner's approval document that does not contain full information according to the prescribed model;

d) Approving complete manuscript drafts for printing or electronic distribution incorrectly or incompletely as prescribed;

đ) Entering into printing contracts between publishers, agencies, organizations granted licenses to publish non-commercial materials with printing facilities without indicating the print quantity or exceeding the print quantity of publications compared to the publication decision or non-commercial material publication license;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not issuing a publication decision for each publication;

b) Disclosing or leaking the content of works or published materials before release, affecting the rights of authors or copyright owners for each publication;

c) Implementing the contents of the non-commercial material publication permit incorrectly regarding the name of the material, distribution scope, distribution form, printing location for each publication;

d) Publishing publications inconsistent with the registered publication confirmation regarding the publication name, author name, translator name (if applicable), genre, language of publication, partner collaboration for each publication;

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Adjusting the retail price recorded on publications upwards without the consent of the publisher's director for each publication;

b) Not having a professional certificate but standing as chief editor or editor on publications for each publication;

c) Publishing publications inconsistent with the summary content, theme, topic in the registered publication confirmation for each publication;

d) Organizing or allowing the distribution of publications without issuing a distribution decision for each publication;

đ) Signing a publication decision beyond authority or without lawful authorization;

e) Not entering into a printing contract for publications with printing facilities for each publication;

g) Entering into a printing contract for publications with printing facilities without a printing operation license;

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Publishing publications without a registered publication confirmation or non-commercial material publication license for each publication;

b) Publishing or reprinting publications without a publication or reprinting decision for each publication;

c) Not organizing the editing of manuscript drafts or approving manuscript drafts before printing or electronic distribution for each publication;

d) Changing or distorting the content of approved manuscript drafts or non-commercial material manuscript drafts bearing the stamp of the licensing agency for each publication;

đ) Not storing the editing files and related documents of publications for each publication;

e) Not implementing corrections, suspending distribution, recalling, or destroying publications when requested in writing by competent state authorities for each publication;

g) Not conducting content assessment of works or materials as prescribed or upon written request from competent state authorities for each publication;

h) Publishing works, materials, and reprints of publications without the author's or copyright owner's approval document as prescribed by law for each publication;

5. Measures to remedy consequences:

Order the recall and destruction of publications for violations stipulated at points a, b, d, and h Clause 4 of this Article.

Article 24. Violation of provisions on the content of publications

1. A fine of from VND 10,000,000 to VND 20,000,000 for the act of publishing a publication with slightly inaccurate content for each individual publication.

2. A fine of from VND 20,000,000 to VND 40,000,000 for the act of publishing a publication with content falling under any of the following circumstances:

a) Disclosing secrets of organizations or individuals for each individual publication;

b) Seriously inaccurate content for each individual publication.

3. A fine of from VND 40,000,000 to VND 80,000,000 for the act of publishing a publication with content falling under any of the following circumstances:

a) Obscene, lewd, violent, superstitious, or not in accordance with Vietnamese customs and traditions for each individual publication;

b) Defaming the reputation of agencies or organizations and the dignity and personality of individuals for each individual publication;

c) Disclosing state secrets for each individual publication without reaching the level of criminal prosecution.

4. A fine of from VND 80,000,000 to VND 140,000,000 for the act of publishing a publication with very seriously inaccurate content for each individual publication.

5. A fine of from VND 140,000,000 to VND 200,000,000 for the act of publishing a publication with content falling under any of the following circumstances:

a) Distorting historical facts, denying revolutionary achievements; insulting nationalities, national heroes; harming national interests; causing ethnic division for each individual publication;

b) Not reflecting or incorrectly reflecting national sovereignty on maps for each individual publication.

6. Additional forms of punishment:

Suspension of activities for from 01 to 03 months for violations stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compulsory recall of publications for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compulsory recall and destruction of publications for violations stipulated in Clauses 3, 4, and 5 of this Article;

c) Compulsory public apology for violations stipulated in point a Clause 2 and point c Clause 3 of this Article;

d) Compulsory return of illegal profits for violations stipulated in Clause 4 and Clause 5 of this Article.

Article 25. Violation of provisions on the presentation, illustration of publications and information that must be recorded on publications

1. A fine of from VND 1,000,000 to VND 3,000,000 for the act of recording information in incorrect positions or failing to record all required information on publications for each individual publication, except for cases stipulated in points b and c Clause 2 of this Article.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Recording incorrect information that must be recorded on publications for each individual publication;

b) Failing to record "Advertising Book" on the back cover for advertising books for each individual publication;

c) Using images of children to illustrate publications without the consent of parents or guardians as prescribed for children under seven years old, or without the consent of the child and parents or guardians as prescribed for children aged seven and above for each individual publication.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Using images, drawings, symbols, characters to present and illustrate publications causing offense or not in accordance with Vietnamese customs and traditions for each individual publication;

b) Using map images to present and illustrate publications but incorrectly reflecting national sovereignty for each individual publication.

4. Measures to remedy consequences:

a) Compulsory recall of publications for violations stipulated in Clause 2 of this Article;

b) Compulsory recall and destruction of publications for violations stipulated in Clause 3 of this Article.

Article 26. Violation of provisions on submitting copies for preservation and submitting publications to the National Library of Vietnam

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of submitting publications to the National Library of Vietnam not within the prescribed time limit or in insufficient quantity for each publication title.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of failing to submit publications to the National Library of Vietnam for each publication title.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of submitting for preservation before the ten-day period has expired but already issuing for each publication title.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to submit for preservation but already issuing for each publication title.

5. Measures to remedy consequences:

a) Order to submit publications to the National Library of Vietnam for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order to submit for preservation for violations stipulated in Clause 3 and Clause 4 of this Article.

Article 27. Violation of provisions on collaboration in publishing activities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Issuing a publishing decision before signing a collaboration publishing contract;

b) Entering into a collaboration publishing contract that does not contain all required contents as prescribed;

c) Failing to retain a certified copy of the identity card or citizen identification card or passport still valid of individuals who are collaboration publishing partners or failing to retain a certified copy of the document proving the legal status of organizations which are collaboration publishing partners.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of collaborating to edit preliminary drafts but the collaborating partner does not meet the required conditions for each publication title.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Collaborating to publish or reprint works or materials without a legal document proving the approval of the copyright owner for each publication title;

b) Issuing collaborative publications before obtaining a publishing decision for each publication title.

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Collaborating to publish publications without a written collaboration contract for each publication title;

b) Implementing the content of the draft manuscript approved by the general director (director) of the publisher for printing or electronic distribution contrary to the approved content for each publication title;

c) Collaborating to edit preliminary drafts of works or materials that are not allowed to be edited preliminarily for each publication title.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of failing to implement corrections, suspending distribution, recalling, or destroying publications when requested by the director (general director) of the publisher or competent state agencies for each publication title.

6. Additional forms of punishment:

Suspension of operations for one to two months for the violation stipulated in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order to recall publications for the violation stipulated in point a of Clause 3 of this Article;

b) Order to return illegal profits for the violation stipulated in point a of Clause 3 of this Article.

Article 28. Violation of provisions on printing of publications

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failing to fully update information about receiving prepress, printing, and post-print processing into the "Prepress, Printing, Post-print Processing Management Book" as prescribed;

b) Failing to fully retain printing job files.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Printing publications without a printing contract between the publisher and the printing facility for each publication title;

b) Failing to establish the "Prepress, Printing, Post-print Processing Management Book";

c) Failing to notify in writing the licensing authority of changes in the head of the printing facility.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Printing publications contrary to the content of the manuscript approved by the general director (director) of the publisher for each publication title or contrary to the content of non-commercial material manuscripts licensed for publication for each publication title;

b) Performing prepress or post-print processing of publications without a license from a competent state agency;

c) Failing to retain printing job files for each publication title;

d) Accepting printing jobs for publications without a fully approved manuscript according to regulations for each publication title;

đ) Printing less than 1,000 finished or semi-finished products without a publishing permit and without a licensed manuscript for each publication title;

e) Using an un-updated printing operation license to perform prepress, printing, and post-print processing.

4. A fine of VND 30,000,000 to VND 50,000,000 for one of the following acts:

a) Printing publications where the printing facility fails to maintain the required conditions after being granted a printing operation license;

b) Printing less than 1,000 finished or semi-finished products without a publishing decision or without an approved manuscript for each publication title;

c) Printing from 1,000 to less than 2,000 finished or semi-finished products without a publishing permit and without a licensed manuscript for each publication title.

5. A fine of VND 50,000,000 to VND 70,000,000 for one of the following acts:

a) Printing from 1,000 to less than 2,000 finished or semi-finished products without a publishing decision or without an approved manuscript for each publication title;

b) Printing post-print processing for foreign organizations or individuals without a permitted post-print processing license for each publication title.

6. A fine of from VND 70,000,000 to VND 100,000,000 for any of the following acts:

a) Using photocopiers and printing equipment to reproduce publications that have been suspended from circulation, recalled, confiscated, banned, destroyed, or illegally imported;

b) Printing less than 1,000 finished or semi-finished products without a publishing decision and without an approved manuscript for each publication title;

c) Printing publications without a printing operation license.

7. A fine of VND 140,000,000 to VND 200,000,000 shall be imposed for any of the following acts:

a) Printing from 1,000 to less than 2,000 finished or semi-finished products without a publishing decision and without an approved manuscript for each publication title;

b) Printing publications that have been suspended from circulation, recalled, confiscated, banned, or destroyed with quantities under 500 copies or finished or semi-finished products for each publication title.

8. Additional forms of punishment:

a) Revoking the right to use the license or suspending printing activities for a period of from 01 to 03 months for the acts specified in point b, Clause 6 of this Article;

b) Revoking the right to use the license or suspending printing activities for a period of from 04 to 06 months for the acts specified in Clause 7 of this Article.

9. Remedial measures:

a) Compelling the recovery of publications for violations specified in point a, Clause 3 of this Article;

b) Compelling the destruction of printed products for violations specified in point b and point c, Clause 4; Clause 5; point a and point b, Clause 6; Clause 7 of this Article;

c) Compelling the return of illegal profits for violations specified in Clause 6 and Clause 7 of this Article.

Article 29. Violations concerning the storage and distribution of publications

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Distributing publications without invoices, certificates, or documents indicating legitimate origin or illegally distributing publications printed on commission for foreign countries within the territory of Vietnam with less than 50 copies for each publication title;

b) Selling publications belonging to categories not allowed for sale for each publication title;

c) Storing finished or semi-finished publications without invoices, certificates, or documents indicating legitimate origin with less than 50 copies for each publication title.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Distributing publications without invoices, certificates, or documents indicating legitimate origin or illegally distributing publications printed on commission for foreign countries within the territory of Vietnam with from 50 to less than 100 copies for each publication title;

b) Failing to notify the competent state management agency about changes in organizational form or changes in the head of the distribution establishment or changes in the main office location, branch locations, or business locations within the same province or centrally-administered city;

c) Failing to re-register the distribution of publications when moving the main office or branch to another province or centrally-administered city; establishing or dissolving branches within the same province or centrally-administered city where the main office is located; establishing or dissolving branches in provinces or centrally-administered cities where the main office is not located;

d) Storing finished or semi-finished publications without invoices, certificates, or documents indicating legitimate origin with from 50 to less than 100 copies for each publication title.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Distributing publications without invoices, certificates, or documents indicating legitimate origin or illegally distributing publications printed on commission for foreign countries within the territory of Vietnam with from 100 to less than 300 copies for each publication title;

b) Engaging in the distribution of publications without a certificate of registration issued by the competent state authority or failing to meet the conditions required for the operation of a distribution establishment;

c) Storing finished or semi-finished publications without invoices, certificates, or documents indicating legitimate origin with from 100 to less than 300 copies for each publication title.

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Storing or distributing illegally imported publications with less than 100 copies for each publication title;

b) Storing or distributing publications that have been suspended from distribution, recalled, confiscated, banned from circulation, or destroyed with less than 100 copies for each publication title;

c) Distributing publications without invoices, certificates, or documents indicating legitimate origin or illegally distributing publications printed on commission for foreign countries within the territory of Vietnam with from 300 to less than 500 copies for each publication title;

d) Failing to comply with the contents recorded in the exhibition or trade fair permit for publications;

đ) Failing to review and assess the content of publications before displaying, introducing, or distributing them at exhibitions or trade fairs;

e) Including publications without invoices, certificates, or documents indicating legitimate origin for each publication title in exhibitions or trade fairs;

g) Storing finished or semi-finished publications without invoices, certificates, or documents indicating legitimate origin with from 300 to less than 500 copies for each publication title.

5. Imposing a fine of from 30,000,000 VND to 50,000,000 VND for any of the following acts:

a) Distributing publications without invoices, certificates, or documents indicating legitimate origin or illegally distributing publications printed on commission for foreign countries within the territory of Vietnam with 500 copies or more for each publication title;

b) Storing or distributing publications that have been suspended from distribution, recalled, confiscated, banned from circulation, or destroyed with from 100 to less than 300 copies for each publication title;

c) Storing or distributing illegally imported publications with from 100 to less than 300 copies for each publication title;

d) Organizing exhibitions or trade fairs for publications in Vietnam without obtaining a permit from the competent state management agency for publication activities;

đ) Storing finished or semi-finished publications without invoices, certificates, or documents indicating legitimate origin with 500 copies or more for each publication title.

6. Imposing a fine of from 50,000,000 VND to 70,000,000 VND for any of the following acts:

a) Storing or distributing illegally imported publications with from 300 to less than 500 copies for each publication title;

b) Storing or distributing publications that have been suspended from distribution, recalled, confiscated, banned from circulation, or destroyed with from 300 to less than 500 copies for each publication title.

7. Additional forms of administrative sanction:

Revoking the right to use the license for importing publications or suspending operations for a period of from 01 to 03 months for violations specified in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compelling the recovery of publications for violations specified in point b, Clause 1 of this Article;

b) Compelling the destruction of publications for violations specified in point a and point c, Clause 1; point a and point d, Clause 2; point a and point c, Clause 3; points a, b, c, e, and g, Clause 4; points a, b, c, and đ, Clause 5; Clause 6 of this Article;

c) Compel the surrender of the unlawful profits obtained through the implementation of administrative violations as specified in points a and b Clause 1; point a Clause 2; point a Clause 3; points a, b, and c Clause 4; points a, b, and c Clause 5; Clause 6 of this Article.

Article 30. Violations concerning the export and import of publications

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Failing to request the competent state agency to reissue the business operation permit for importing publications in cases where the permit has been lost or damaged.

b) Not establishing internal regulations on the content assessment of imported publications or not submitting such internal regulations to the competent state agency.

c) Conducting content assessment of imported publications prior to their release but failing to ensure the required procedures and formalities as stipulated.

d) Not reporting the results of the content assessment of imported publications to the competent state agency.

đ) Implementing activities contrary to the content recorded in the import permit for non-business publications.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Importing non-business publications without an import permit, except in cases where a permit is not required.

b) Failing to re-export after use for publications imported as materials for international conferences or seminars in Vietnam that have been approved by the competent Vietnamese authority or as property of organizations, families, or individuals for personal use.

c) Not conducting content assessment of imported publications intended for business before their release for each publication.

d) Importing publications for business purposes without the registration confirmation from the competent state agency for each publication.

3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:

a) Engaging in the business of importing publications without meeting the conditions for operation after being issued a permit by the competent state agency.

b) Selling non-business publications imported for each publication.

c) Releasing imported publications without the consent of the agency requesting the content assessment of imported publications for each publication.

4. A fine of VND 30,000,000 to VND 50,000,000 for one of the following acts:

a) Engaging in the business of importing publications without a permit.

b) Exporting publications that were published or printed illegally; publications with decisions to cease printing, cease distribution, prohibit circulation, confiscate, recall, destroy, or contain prohibited content in publishing activities.

5. Measures to remedy consequences:

a) Compel the recovery of publications for violations as specified in point c Clause 2 and point b Clause 3 of this Article.

b) Compel the re-export of publications for violations as specified in points a and b Clause 2 of this Article.

c) Compel the destruction of publications for violations as specified in Clause 4 of this Article.

d) Compel the surrender of unlawful profits obtained through the implementation of administrative violations as specified in points b and c Clause 3; point b Clause 4 of this Article.

Article 31. Violations concerning the conditions for electronic publishing and the distribution of electronic publications

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Engaging in electronic publishing or distributing electronic publications without ensuring sufficient capacity in equipment, technology, and technical personnel to manage the electronic publishing process.

b) Not having technical measures as prescribed to prevent illegal copying or interference with the content of electronic publications.

c) Publishing or distributing electronic publications on the Internet without a Vietnamese domain name.

d) Distributing electronic publications without a legal document proving approval from the author or copyright owner for each title.

đ) Failing to implement technical measures to prevent interference with the content of electronic publications or remove publications violating the law upon request of the competent state agency.

e) Distributing electronic publications not in accordance with the complete draft approved or licensed for each title.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Publishing or distributing electronic publications accompanied by applications causing security risks to electronic devices.

b) Adding information that users of electronic publications did not request, except for permitted information under the law or with the consent of the competent state agency managing publishing activities.

c) Illegally interfering with the content or form of electronic publications to distort the content or commit illegal acts for each title.

d) Failing to comply with the requirements of the competent state agency to stop publishing or distributing electronic publications or remove or prevent users from accessing parts or all of publications suspected of violating the law.

đ) Distributing electronic publications without the registration confirmation from the competent state agency for the distribution of electronic publications.

3. Imposing a fine of VND 100,000,000 to VND 200,000,000 for any of the following actions:

a) Distributing on electronic media publications that have been decided to cease distribution, recall, prohibit circulation, or destroy for each title.

b) Conducting electronic publishing without written registration confirmation from the competent state agency.

4. Additional forms of administrative punishment:

Suspend the activity of electronic distribution for one to three months for violations as specified in point a Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the removal of electronic publications for violations as specified in point e Clause 1; points b, d, and đ Clause 2; Clause 3 of this Article.

Article 32. Violation of provisions on responsibility and duty to provide information and report in publishing activities

1. A fine of from three million dong to five million dong shall be imposed for acts of declaring, registering, reporting, or explaining inaccurately or not within the prescribed content, time limit, or as required by competent state agencies.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failure to submit periodic reports as prescribed;

b) Failure to report to competent state agencies the list of publication titles that have been assigned registration confirmation numbers but not published.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Failure to report to competent state agencies when discovering publications containing prohibited content in publishing activities;

b) Failure to report or explain as required by competent state agencies.

Chapter IV
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE ADMINISTRATIVE SANCTIONS

Article 33. Authority to impose administrative sanctions of inspectors and persons assigned to perform specialized inspection functions in Information and Communications

Specialized inspection agencies and agencies assigned tasks for specialized inspection in Information and Communications have the authority to impose administrative sanctions on violations in journalism and publishing activities as stipulated in Chapter II and Chapter III of this Decree, specifically as provided in Clauses 1, 2, 3, and 4 of this Article.

1. Inspectors and persons assigned to perform specialized inspection tasks in Information and Communications while performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong;

c) Seize objects and means of administrative violation with a value up to one million dong;

d) Apply measures to remedy consequences as specified in point n, Clause 3, Article 3 of this Decree.

2. Heads of Inspection Departments of Provincial Departments of Information and Communications, Heads of Inspection Teams of Provincial Departments of Information and Communications, Heads of Inspection Teams of the Press Department, Radio, Television and Electronic Information Department, Publishing, Printing and Distribution Department have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Seize objects and means of administrative violation with a value up to one hundred million dong;

đ) Apply measures to remedy consequences as provided in Clause 3, Article 3 of this Decree.

3. Heads of Inspection Teams of the Ministry of Information and Communications have the authority:

a) To issue warnings;

b) To impose fines up to one hundred and forty million dong;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Seize objects and means of administrative violation with a value up to one hundred and forty million dong;

đ) Apply measures to remedy consequences as provided in Clause 3, Article 3 of this Decree.

4. Heads of Inspection Departments of the Ministry of Information and Communications, Directors of the Press Department, Radio, Television and Electronic Information Department, Publishing, Printing and Distribution Department have the authority:

a) To issue warnings;

b) To impose fines up to two hundred million dong;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to remedy consequences as provided in Clause 3, Article 3 of this Decree.

Article 34. Authority to impose administrative sanctions of diplomatic inspection

The Head of the Ministry of Foreign Affairs' Inspection Department has the authority to impose administrative sanctions on violations in journalism as stipulated in point a, Clause 2; points c, e, and g, Clause 3, Article 5; point b, Clause 1, Article 6 of this Decree and in accordance with the assigned functions, tasks, and authorities. Specifically as follows:

1. To issue warnings.

2. To impose fines up to two hundred million dong.

3. To revoke the right to use licenses and certificates of practice for a limited period or suspend operations for a limited period.

4. To seize objects of administrative violation.

Article 35. Authority to impose administrative sanctions of Border Guard

Those authorized to impose administrative sanctions of the Border Guard have the authority to impose administrative sanctions on violations in journalism and publishing as stipulated in point a and b, Clause 1; point a and c, Clause 2, Article 6; point b, Clause 1 and point a, Clause 2, Article 13; Article 15; point a, Clause 1; point a, Clause 2; point a, Clause 3; points a, b, and c, Clause 4; points a, b, and c, Clause 5 and Clause 6, Article 29; points a and d, Clause 2, Clause 4, Article 30 of this Decree and in accordance with the assigned functions, tasks, and authorities. Specifically as follows:

1. Border Station Commanders, Border Team Leaders have the authority to impose fines up to five million dong.

2. Border Post Commanders, Border Sea Squadron Commanders, Commanders of Border Gate Port Command Posts have the authority:

a) To impose fines up to forty million dong;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) To apply measures to remedy consequences as specified in points c, đ, e, g, h, i, k, l, n, o, p, and q, Clause 3, Article 3 of this Decree.

3. Commanders of Border Guard Provinces, Border Sea Flotilla Commanders under the Border Guard Command have the authority:

a) To impose fines up to two hundred million dong;

b) To revoke the right to use licenses and certificates of practice for a limited period or suspend operations for a limited period;

c) To seize objects of administrative violation;

d) To apply measures to remedy consequences as specified in points c, d, đ, e, g, h, i, k, l, n, o, p, and q, Clause 3, Article 3 of this Decree.

Article 36. Competence to impose administrative penalties of the Coast Guard

Those persons having the competence to impose administrative penalties of the Coast Guard have the authority to impose administrative penalties for violations in press activities and publication activities as stipulated at points a and b Clause 1, point a and c Clause 2 Article 6; point b Clause 1, point a Clause 2 Article 13; Article 15; Clause 1, point a Clause 2, point a Clause 3, points a, b, c and g Clause 4, points a, b, c and đ Clause 5 and Clause 6 Article 29; points a and d Clause 2, Clause 4 Article 30 of this Decree, in accordance with their assigned functions, tasks, and authorities. Specifically as follows:

1. Coast Guard officers performing official duties have the authority to impose fines up to three million dong.

2. The head of the Coast Guard business unit has the authority to impose fines up to ten million dong.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) Imposing fines up to twenty million dong;

b) Applying remedial measures as prescribed at point n Clause 3 Article 3 of this Decree.

4. The maritime squadron commander have the right to:

a) To impose fines up to forty million dong;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) Applying remedial measures as prescribed at points c, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) Fine up to sixty million VND;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) Applying remedial measures as prescribed at points c, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

6. The Commander of the Coast Guard Zone has the authority:

a) To impose fines up to one hundred million dong;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) Applying remedial measures as prescribed at points c, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

7. The Commander of the Coast Guard has the authority:

a) To impose fines up to two hundred million dong;

b) To revoke the right to use licenses and certificates of practice for a limited period or suspend operations for a limited period;

c) To seize objects of administrative violation;

d) Applying remedial measures as prescribed at points c, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

Article 37. Competence to impose administrative penalties of Customs

Those persons having the competence to impose administrative penalties of Customs have the authority to impose administrative penalties for violations in press activities and publication activities as stipulated at Article 15; point a, b and d Clause 2, Clause 4 Article 30; point e Clause 1 and point d Clause 2 Article 31 of this Decree, in accordance with their assigned functions, tasks, and authorities. Specifically as follows:

1. The Head of the Customs Sub-department, the Head of the Post-Customs Inspection Sub-department have the authority:

a) To issue warnings;

b) A fine up to VND 10,000,000.

2. The Head of the Customs Sub-department, the Head of the Post-Customs Inspection Sub-department, the Head of the Control Team under the Provincial, Inter-provincial, Central City Customs Department, the Head of the Anti-Smuggling Control Team, the Head of the Sea Control Squadron and the Head of the Intellectual Property Protection Control Team under the Anti-Smuggling Investigation Department of the General Customs Department have the authority:

a) Impose fines up to VND 50,000,000;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) Applying remedial measures as prescribed at points c, d, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

3. The Head of the Anti-Smuggling Investigation Department, the Head of the Post-Customs Inspection Department under the General Customs Department, the Head of the Provincial, Inter-provincial, Central City Customs Department have the authority:

a) To impose fines up to one hundred million dong;

b) To revoke the right to use licenses and certificates of practice for a limited period or suspend operations for a limited period;

c) Confiscating contraband goods with a value not exceeding the fine amount prescribed at point a of this clause;

d) Applying remedial measures as prescribed at points c, d, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

4. The Director of the General Customs Department has the authority:

a) To impose fines up to two hundred million dong;

b) Confiscating contraband goods;

c) Applying remedial measures as prescribed at points c, d, đ, e, g, h, i, k, l, n, m, o, p and q Clause 3 Article 3 of this Decree.

Article 38. Competence to impose administrative penalties of Market Management

Those persons having the competence to impose administrative penalties of market management have the authority to impose administrative penalties for violations in press activities and publication activities as stipulated at point b Clause 1 and point a Clause 2 Article 13; Article 28; Article 29; Clause 2, point b and point c Clause 3, point a Clause 4 Article 30; Article 31 of this Decree, in accordance with their assigned functions, tasks, and authorities. Specifically as follows:

1. The Head of the Market Management Team has the authority:

a) Impose fines up to VND 50,000,000;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) Applying remedial measures as prescribed at points a, b, c, d, đ, e, g, h, i, k, l, n, o, p and q Clause 3 Article 3 of this Decree.

2. The Head of the Provincial Market Management Department, the Head of the Market Management Business Department have the authority:

a) To impose fines up to one hundred million dong;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Applying remedial measures as prescribed at Clause 3 Article 3 of this Decree.

3. The Director of the General Market Management Department has the authority:

a) To impose fines up to two hundred million dong;

b) Confiscating contraband goods;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Applying remedial measures as prescribed at Clause 3 Article 3 of this Decree.

Article 39. Administrative Offense Sanctioning Authority of the People's Public Security

The individuals authorized to impose administrative sanctions for violations in press activities and publication activities under the People's Public Security have the authority to impose administrative sanctions for violations stipulated at point a Clause 1, Clause 2 and Clause 3 Article 6; Article 7; point a Clause 1 Article 9; Article 11; Clause 1 and point a Clause 2 Article 13; Article 15; Article 16; points a, c, e and g Clause 1, points b, c, d and đ Clause 2, Clauses 3, 4, 5 and 6 Article 20; Clause 3 Article 21; Chapter III of this Decree, specifically as provided for in Clauses 1, 2, 3, 4 and 5 of this Article and consistent with the functions, tasks, and powers of the People's Public Security force. Specifically as follows:

1. Station Chiefs, Team Leaders of the People's Public Security have the authority:

a) To issue warnings;

b) To impose fines up to VND 3,000,000.

2. Chiefs of Public Security at commune level, Chiefs of Public Security Posts, Station Chiefs of Border Gate Public Security Stations, Export Processing Zone Public Security Stations have the authority:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate objects and means of transportation involved in administrative offenses with a value not exceeding the fine amount specified in point b of this clause;

d) Apply measures to remedy consequences as specified in point n, Clause 3, Article 3 of this Decree.

3. Chiefs of Public Security at district level, Heads of Provincial Public Security Departments including Heads of Departments of Criminal Police investigating corruption, economic crimes, smuggling, Heads of Departments of Criminal Police investigating social order crimes, Heads of Departments of Administrative Management of Social Order, Heads of Departments of Economic Security, Heads of Departments of Internal Political Security, Heads of Departments of Cybersecurity and Prevention of High-Tech Crimes, Heads of Traffic Police Departments, Heads of Road Traffic Police Departments, Heads of Railway Traffic Police Departments, Heads of Waterway Traffic Police Departments have the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Confiscating contraband goods with a value not exceeding the fine amount prescribed at point a of this clause;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) To apply remedial measures prescribed in points c, đ, e, g, h, i, k, l, n, o, p and q Clause 3 Article 3 of this Decree.

4. Directors of Provincial Public Security Departments have the authority:

a) To impose fines up to one hundred million dong;

b) To seize objects of administrative violation with a value not exceeding the fine amount specified in point a of this clause;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To apply remedial measures prescribed in points c, d, đ, e, g, h, i, k, l, n, o, p and q Clause 3 Article 3 of this Decree.

5. Heads of the Department of Cybersecurity and Prevention of High-Tech Crimes, Heads of the Department of Criminal Police investigating social order crimes, Heads of the Department of Criminal Police investigating corruption, economic crimes, smuggling, Heads of the Department of Administrative Management of Social Order, Heads of the Department of Criminal Police investigating drug-related crimes, Heads of the Department of Internal Political Security, Heads of the Department of Economic Security have the authority:

a) To impose fines up to two hundred million dong;

b) Confiscate contraband items and means of transport for administrative violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To apply remedial measures prescribed in points c, d, đ, e, g, h, i, k, l, n, o, p and q Clause 3 Article 3 of this Decree.

Article 40. Administrative Offense Sanctioning Authority of the Chairperson of the People's Committee

The Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions for violations in press activities and publication activities as stipulated in Chapters II and III of this Decree, specifically as provided for in Clauses 1, 2 and 3 of this Article.

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To confiscate objects and means of transportation involved in administrative offenses with a value not exceeding the fine amount specified in point b of this clause;

d) Apply measures to remedy consequences as specified in point n, Clause 3, Article 3 of this Decree.

2. The Chairman of the People's Committee at district level has the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

đ) To confiscate objects involved in administrative offenses with a value not exceeding the fine amount specified in point b of this clause;

đ) To apply remedial measures prescribed in Article 3 of this Decree, except for the remedial measures prescribed in points a, b, c, d, đ, e, g, h, i, k, l, n, o, p and q Clause 3 Article 3 of this Decree.

3. Chairpersons of Provincial People's Committees have the authority:

a) To issue warnings;

b) To impose fines up to VND 200,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to remedy consequences as provided in Clause 3, Article 3 of this Decree.

Article 41. Authority to Draft Administrative Violation Records

1. Individuals mentioned in Articles 33, 34, 35, 36, 37, 38, 39 and 40 of this Decree and civil servants, public officials performing their duties when discovering administrative violations in press activities and publication activities shall be entitled to draft administrative violation records according to regulations.

2. Officers and soldiers belonging to the People's Army and People's Public Security forces performing their duties and missions according to their assigned functions, tasks, and powers in press activities and publication activities shall be entitled to draft administrative violation records according to regulations.

Chapter V
IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree takes effect from December 1, 2020.

2. This Decree replaces Government Decree No. 159/2013/NĐ-CP dated November 12, 2013 on administrative sanctions for violations in press and publication activities, except for the provisions stipulated in Article 43 of this Decree.

Article 43. Transitional Provisions

The form, level of punishment, remedial measures, authority to draft administrative violation records, and authority to impose administrative sanctions for violations in printing non-publishing products stipulated at point a and point b Clause 1, point b and point đ Clause 2, point b Clause 3, point a and point c Clause 4, point a Clause 5, Clause 6 (for point d, it only applies to the act of printing product labels but without a sample confirmed by the production unit placing the order), Clauses 8, 9 and 10 Article 24; Article 26 of Government Decree No. 159/2013/NĐ-CP dated November 12, 2013 on administrative sanctions for violations in press and publication activities continue to be applied until new regulations replace them.

Article 44. Responsibility for Implementation

1. The Minister of Information and Communications is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Decree.