Decree No. 128/2022/ND-CP amends and supplements some articles of Decree No. 38/2021/ND-CP dated March 29, 2021, of the Government on administrative penalties in the fields of culture and advertising, which has been amended and supplemented by Decree No. 129/2021/ND-CP dated December 30, 2021, of the Government amending and supplementing some articles of decrees on administrative penalties in the fields of tourism; sports; copyright and related rights; culture and advertising.

DECREE

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE DECREE NO. 38/2021/NĐ-CP DATED MARCH 29, 2021 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF CULTURE AND ADVERTISING, WHICH HAS BEEN AMENDED AND COMPLEMENTED BY THE DECREE NO. 129/2021/NĐ-CP DATED DECEMBER 30, 2021 OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN ARTICLES OF THE DECREES ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF TOURISM; SPORTS; COPYRIGHT AND RELATED RIGHTS; CULTURE AND ADVERTISING

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and Law on Local Administration Organizationdated November 22, 2019;

Pursuant to the Law on Administrative Sanctions dated June 20, 2012; On Administrative Sanctions dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Administrative Sanctions dated November 13, 2020; in 2020;

Pursuant to the Cinema Law dated June 15, 2022;

Based on the proposal of the Minister of Culture andInformationa, Sports and Tourism;

The Government issues this Decree amending and supplementing certain articles of the Decree No. 38/2021/NĐ-CP dated March 29, 2021 of the Government on administrative sanctions in the field of culture and advertising which has been amended and supplemented by Decree No. 129/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of the decrees on administrative sanctions in the field of tourism; sports; copyright and related rights; culture and advertising administrative sanctions in the field of culture and advertising;Article 1. Amending and supplementing certain articles and items of the Decree No. 38/2021/NĐ-CP dated March 29, 2021 of the Government on administrative sanctions in the field of culture and advertising which has been amended and supplemented by the Decree No. 129/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of the decrees on administrative sanctions in the field of tourism; sports; copyright and related rights; culture and advertising "10. Compel the removal of the violating content in films and related products; exhibitions; fine art exhibitions; photography exhibitions; sculpture workshops; advertising products;"29/2021b) Amend and supplement Clause 16 as follows:"16. Compel the destruction of films, deletion of films, removal of films; compel the destruction of audio and video recordings containing artistic performance content;"c) Amend and supplement Clause 17 as follows:

"17. Compel public announcement on mass media about the revocation of titles, awards from contests and festivals of various forms of artistic performances; beauty pageants and model competitions; cessation of film distribution;"

1. Amend and supplement some clauses of Article 4 as follows:

a) Amend and supplement Clause 10 as follows:

d) Amend and supplement Clause 18 as follows:

"18. Compel the return of permits for filming services using backgrounds in Vietnam; film classification permits; permits for organizing film festivals, specialized and thematic film festivals, film awards, film competitions, and film weeks; approvals for organizing artistic performances, contests, and festivals of various forms of artistic performances; permits for operating karaoke and discotheque services; permits for reproducing works of fine arts about cultural celebrities, national heroes, and leaders; permits for organizing fine art exhibitions; permits for fine art exhibitions; permits for constructing monuments and grand paintings; permits for organizing sculpture workshops; permits for photography exhibitions; certificates of eligibility for operating antique appraisal businesses; certificates of qualifications for the preservation, restoration, and repair of relics; certificates of eligibility for the preservation, restoration, and repair of relics; certificates of registration and operation of foreign cultural institutions in Vietnam issued by competent authorities."

đ) Supplement Clause 19 after Clause 18 as follows:

"19. Compel submission of a commitment letter not to violate the provisions of Article 9 of the Cinema Law to the competent state agency."

"2. The fines stipulated in Chapter II and Chapter III of this Decree apply to individuals, except in cases provided for in Clauses 2, 5, 6, and 7 of Article 10; Clauses 4, 5, 6, and 7 of Article 10a; Point a of Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d of Clause 7 of Article 14; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 21; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 23; Clause 1 of Article 24; Articles 30, 38, 39, and 40 of this Decree apply to organizations."

3. Supplement Article 5a and Article 5b after Article 5 as follows:

“18. Order to return the permit for providing film shooting services using backgrounds in Vietnam; the classification permit for films; the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks; the approval document for organizing artistic performances, contests, and art performance festivals; the permit for meeting the conditions to operate karaoke and nightclub services; the permit for reproducing works of fine arts about cultural figures, national heroes, and leaders; the exhibition permit; the fine arts exhibition permit; the permit for constructing monuments and grand murals; the permit for organizing sculpture creation camps; the photography exhibition permit; the certificate of qualification to operate antique appraisal services; the certificate of practice for the preservation, restoration, and repair of relics; the certificate of qualification for the preservation, restoration, and repair of relics; the registration establishment and operation certificate, and the permit for the operation of foreign cultural institutions in Vietnam issued by competent authorities.”

d) Supplement Clause 19 following Clause 18 as follows:

“19. Order to submit a commitment letter not to violate the provisions of Article 9 of the Cinema Law to the competent state agency.”

2. Amending and supplementing Clause 2 Article 5 as follows:

“2. The fines prescribed in Chapter II and Chapter III of this Decree apply to individuals, except in cases provided for in Clauses 2, 5, 6, and 7 of Article 10; Clauses 4, 5, 6, and 7 of Article 10a; Point a of Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d of Clause 7 of Article 14; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 21; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 23; Clause 1 of Article 24; Articles 30, 38, 39, and 40 of this Decree apply to organizations.”

3. Supplement Article 5a and Article 5b following Article 5 as follows:

“Article 5a. Enforcement of administrative penalty forms and measures to remedy consequences

1. The enforcement of administrative penalty forms and measures to remedy consequences prescribed in this Decree shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations and guiding documents for its implementation.

2. In cases where measures to remedy consequences require the submission of revoked licenses, erased or altered documents that change their content, or false information in license application files, the following procedures shall be implemented:

a) The authority issuing the administrative violation decision, the violator organization, or individual shall be responsible for enforcing the measure to submit revoked licenses, erased or altered documents that change their content in accordance with Articles 85(1), 85(2), 85(3), and 85(4) of the Law on Handling Administrative Violations;

b) The violator organization or individual shall be responsible for directly submitting or sending through postal service the revoked licenses, erased or altered documents that change their content to the authority that issued such licenses or documents, and shall send proof of submission to the authority issuing the remedial measure enforcement decision under this clause;

c) The authority issuing the remedial measure enforcement decision under this clause must notify in writing the relevant authority or person who issued the licenses or documents.

3. In cases where measures to remedy consequences require a written apology from the violator organization or individual, the following procedures shall be implemented:

a) The authority issuing the administrative violation decision, the violator organization, or individual shall be responsible for enforcing the measure to issue a written apology in accordance with Articles 85(1), 85(2), 85(3), and 85(4) of the Law on Handling Administrative Violations;

b) The violator organization or individual shall be responsible for sending the written apology to the organization or individual receiving the apology and to the authority issuing the remedial measure enforcement decision under this clause.

Article 5b. Procedures for administrative penalties for acts concurrently regulated in the Criminal Code

When examining a violation case to decide on an administrative penalty, if it is found that the violation act involves malicious accusations as stipulated in Points a, d, and e of Clause 1, Article 6; artistic performances, competitions, or festivals infringing upon the legitimate rights and interests of organizations or individuals as stipulated in Point b of Clause 5 and Clause 7, Article 11; organizing beauty pageants or modeling contests infringing upon the legitimate rights and interests of organizations or individuals as stipulated in Clause 6, Article 12; hanging, displaying paintings, photographs, calendars, or other objects containing pornographic or obscene content as stipulated in Point a of Clause 1, selling or disseminating paintings, photographs, or other cultural products containing pornographic or obscene content as stipulated in Clauses 2, 4, and 5, Article 16; exhibiting fine art works or other artistic products inciting violence or decadent lifestyles as stipulated in Point a, constructing fine art works inciting violence or decadent lifestyles as stipulated in Point d of Clause 5, Article 17; Point a of Clause 6, Article 18; Clauses 4, 5, 6, and 7, Article 31, and other acts as prescribed by law in this Decree that have criminal elements, then the authority handling the case must transfer the violation file to the competent authority for criminal proceedings to pursue criminal responsibility according to Clauses 1, 2, and 4, Article 62 of the Law on Handling Administrative Violations.

If the competent authority for criminal proceedings decides not to initiate a criminal investigation; decides to revoke the decision to initiate a criminal investigation; decides to terminate the criminal investigation; decides to terminate the prosecution of the suspect; decides to terminate the criminal investigation against the suspect; decides to terminate the criminal case; decides to revoke the decision to prosecute the suspect, then the violation file must be transferred to the authority responsible for imposing administrative penalties according to Clause 3, Article 62, and Article 63 of the Law on Handling Administrative Violations to impose administrative penalties according to this Decree.

4. Amend and supplement Section 1 of Chapter II as follows:

"Section 1

VIOLATIONS CONCERNING FILM AND TELEVISION

Article 6. Violations concerning prohibited content in cinematographic activities

1. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of engaging in cinematographic activities containing any of the following contents, except for the act of producing films in Vietnam by foreign organizations and individuals holding service filming permits using backgrounds in Vietnam which have been revoked according to point a, Clause 6, Article 13 of the Cinema Law:

a) Distorting national history, denying revolutionary achievements; insulting the nation, national heroes; incorrectly representing, slandering, and insulting the reputation of agencies and organizations and the dignity and personality of individuals;

b) Disclosing personal privacy and other secrets as prescribed by law, except in cases of administrative violations as prescribed by laws on cybersecurity;

c) Inciting violence, criminal acts by detailing methods of implementation, images, sounds, dialogues, scenes of beating, torture, brutal and cruel murder, and other acts that offend human dignity, except when such contents are expressed to criticize, denounce, condemn crimes, uphold justice, and honor traditional values and culture;

d) Damaging cultural values, national interests of the Vietnamese nation; spreading social evils; destroying social culture and morality;

đ) Detailing obscene, decadent, incestuous images, sounds, and dialogues;

e) Inciting and opposing the enforcement of the Constitution and laws.

2. Additional forms of punishment:

Suspension of film production activities in Vietnam; film distribution; film dissemination; promotion and development of cinema from one month to three months for the acts prescribed in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Compel correction of false information for the act prescribed in point a, Clause 1 of this Article;

b) Compel written apology to individuals for the act prescribed in point b, Clause 1 of this Article;

c) Compel destruction of the film or removal of the film or compel removal of the film from the internet or compel elimination of the violating content in the film and related items with the contents prescribed in points c, d, đ, and e, Clause 1 of this Article.

Article 7. Violations concerning prohibited acts in cinematographic activities

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of not reporting to competent state authorities when disseminating films at public screening venues.

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

a) Disseminating films through cinema chains, television systems, and public screening venues without a film classification permit or broadcast decision;

b) Disseminating films on the internet without classifying and displaying classification results as prescribed;

c) Altering or distorting the content of the film and the classification results of the film already granted a film classification permit or broadcast decision;

d) Distributing and disseminating films that have had their film classification permits or broadcast decisions revoked.

3. Measures to remedy consequences:

a) Compel removal of the film from the television system for the act of distributing and disseminating films through the television system without a film classification permit or broadcast decision prescribed in point a, Clause 2 of this Article;

b) Compel destruction or removal of the film for films with contents prescribed in points a, b, and i, Clause 1, Article 9 of the Cinema Law for the act of distributing and disseminating films through cinema chains; public screening venues without a film classification permit or broadcast decision prescribed in point a, Clause 2 of this Article;

c) Compel removal of the film from the internet for the act prescribed in point b, Clause 2 of this Article;

d) Compel restoration to the original condition for the act prescribed in point c, Clause 2 of this Article;

đ) Compel surrender of illegal profits obtained from implementing the act prescribed in Clause 2 of this Article.

Article 8. Violations concerning film production regulations

1. A fine of VND 10,000,000 to VND 20,000,000 for the act of forging information in the application dossier for the issuance of a permit for film shooting services using locations in Vietnam.

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

a) Altering, erasing, or tampering with the content of the permit for film shooting services using locations in Vietnam;

b) Not submitting a written commitment not to violate the provisions of Article 9 of the Cinema Law to the competent state agency in cases of joint film production with foreign organizations or individuals, or receiving financial support from foreign organizations or individuals for film production as prescribed.

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

a) Not utilizing services provided by Vietnamese cinema establishments when producing films in Vietnam by foreign organizations or individuals;

b) Not having a written agreement or service provision contract with Vietnamese cinema establishments when utilizing film production services in Vietnam by foreign organizations or individuals;

c) Not complying with the content of the permit for film shooting services using locations in Vietnam.

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

a) Not having a permit for film shooting services using locations in Vietnam in cases of utilizing film shooting services using locations in Vietnam;

b) Allowing other organizations or individuals to use the permit for film shooting services using locations in Vietnam;

c) Utilizing the permit for film shooting services using locations in Vietnam of another organization.

5. Additional forms of punishment:

a) Seizure of films or footage shot in Vietnam for the acts stipulated in point b and point c, Clause 3, and point a, Clause 4 of this Article;

b) Suspension of the right to use the permit for film shooting services using locations in Vietnam for a period of one to three months for the act stipulated in point b, Clause 4 of this Article;

c) Seizure of the permit for film shooting services using locations in Vietnam for the act stipulated in point c, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the return to the competent authority that issued the permit for film shooting services using locations in Vietnam for the act stipulated in Clause 1 in cases where the permit has been issued and the act stipulated in point a, Clause 2 of this Article;

b) Compelling the submission of a written commitment not to violate the provisions of Article 9 of the Cinema Law to the competent state agency for the act stipulated in point b, Clause 2 of this Article;

c) Compelling the surrender of illegal profits obtained from implementing the act stipulated in point b, Clause 4 of this Article in cases where such illegal profits have arisen.

Article 9. Violations concerning film distribution regulations

1. A fine of VND 10,000,000 to VND 20,000,000 for the act of managing and using imported films not in accordance with the purpose of serving research, education, storage, and internal circulation activities.

2. A fine of VND 20,000,000 to VND 30,000,000 for the act of not submitting a written commitment regarding the content of the film not violating the provisions of Article 9 of the Cinema Law to the competent state agency as prescribed in cases of importing films.

3. Additional forms of punishment:

Seizure of films for the act stipulated in Clause 1 of this Article.

4. Measures to remedy consequences:

a) Compelling the surrender of illegal profits obtained from implementing the act stipulated in Clause 1 of this Article;

b) Compelling the submission of a written commitment not to violate the provisions of Article 9 of the Cinema Law to the competent state agency for the act stipulated in Clause 2 of this Article.

Article 10. Violation of provisions on film distribution

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

a) Distributing films outside the time periods specified for cinemas; public screening locations except for passenger transport vehicles;

b) Not publicly announcing on mass media about the suspension of film distribution according to the decision of the competent state agency.

2. A fine shall be imposed for one of the following acts violating the obligations of film distribution establishments as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for the act of not providing free or discounted tickets to senior citizens, persons with disabilities, those who have rendered meritorious service to the revolution, children, and other disadvantaged groups as prescribed;

b) A fine of VND 40,000,000 to VND 60,000,000 for the act of not ensuring conditions for film distribution according to the prescribed forms;

c) A fine of VND 60,000,000 to VND 80,000,000 for the act of not displaying film classification levels and warnings as prescribed;

d) A fine of VND 80,000,000 to VND 100,000,000 for the act of continuing film distribution when there is a written request from the competent state agency to stop it.

3. A fine shall be imposed for violations of regulations on film classification permits as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for the act of falsifying information in the application dossier for a film classification permit;

b) A fine of VND 20,000,000 to VND 30,000,000 for the act of altering, erasing, or tampering with the content of a film classification permit;

c) A fine of VND 30,000,000 to VND 40,000,000 for the act of not notifying in writing the competent state agency issuing the permit when changing the name of the film without changing its content as permitted;

d) A fine of VND 40,000,000 to VND 50,000,000 for the act of not requesting a new film classification permit when changing the content of the film as permitted according to the regulations.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts violating film distribution at public screening locations:

a) Not providing a list of films to be screened to the competent state agency at the location where the business registration for film distribution is organized;

b) Not announcing in writing the content and program of the film screenings to the competent state agency as prescribed;

c) Not changing the time and scale of public screenings at public screening locations according to the requirements of the competent state agency;

d) Screening films after receiving a written notice from the competent state agency disagreeing with the content and program of the film screenings.

5. A fine shall be imposed for one of the following acts violating film distribution in cinema halls of film establishments as follows:

a) A fine of VND 20,000,000 to VND 40,000,000 for the act of not implementing data connection and reporting on the operation status as required by the competent state agency;

b) A fine of VND 40,000,000 to VND 60,000,000 for the act of not ensuring the ratio of Vietnamese film screenings, Vietnamese film screening times; time and schedule for children's film screenings as prescribed;

c) A fine of VND 60,000,000 to VND 80,000,000 for the act of not ensuring that viewers are of the appropriate age according to the film classification;

d) A fine of VND 80,000,000 to VND 100,000,000 for the act of not ensuring technical standards for cinema halls as prescribed.

6. A fine shall be imposed for one of the following acts violating film distribution on television systems as follows:

a) A fine of VND 40,000,000 to VND 60,000,000 for the act of not ensuring the ratio of Vietnamese film airtime compared to foreign films, Vietnamese film airtime schedules, time and schedule for children's film airtime on domestic TV channels as prescribed;

b) A fine of VND 60,000,000 to VND 80,000,000 for the act of not establishing a Film Review and Classification Council of the press agency.

7. A fine shall be imposed for one of the following acts violating film distribution on cyberspace as follows:

a) A fine of VND 20,000,000 to VND 40,000,000 for the act of not announcing the list of films to be distributed and the results of film classification to the Ministry of Culture, Sports and Tourism before distributing the films as prescribed;

b) A fine of VND 40,000,000 to VND 60,000,000 for the act of not providing contact points and information for receiving and processing requests from state management agencies; reflecting complaints and reports from service users as prescribed;

c) A fine of VND 60,000,000 to VND 80,000,000 for the act of not implementing technical solutions and cooperating with competent state management agencies to remove and block illegal films as prescribed;

d) A fine of VND 80,000,000 to VND 100,000,000 for the act of not ensuring one of the conditions for implementing film classification as prescribed;

đ) A fine of VND 80,000,000 to VND 100,000,000 for the act of not implementing necessary technical measures and guidance for parents or guardians to monitor, manage, and ensure that children view films distributed on cyberspace suitable for their age; allowing service users to report illegal films as prescribed;

e) A fine of VND 80,000,000 to VND 100,000,000 for the act of not removing illegal films as prescribed in Article 9 of the Cinema Law and related laws upon written request from the competent state agency;

g) A fine of VND 80,000,000 to VND 100,000,000 for the act of not blocking access to illegal films as requested by the competent state agency as prescribed.

8. Measures to remedy consequences:

a) Compel public announcement on mass media about the suspension of film distribution for the act prescribed in point b, Clause 1 of this Article;

b) Compel submission of the issued film classification permit back to the issuing authority for the act prescribed in point a if the permit has been issued and for the act prescribed in point b, Clause 3 of this Article;

c) Compel surrender of the unlawful profits obtained from the acts prescribed in point a, Clause 1 and point d, Clause 4 of this Article.

d) Order to remove the film from the internet space for the acts specified in Clause 7 of this Article.

Article 10a. Violations concerning film screening, storage, film festivals, film awards, film competitions, film programs, and film weeks.

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

a) Failure to submit the film for screening after obtaining a film classification permit as prescribed.

b) Failure to unlock the film's code for verification and inspection upon request from the film classification permit issuing authority as prescribed.

c) Failure to ensure the safety of the film copy, script, and accompanying documents according to the technical standards as prescribed.

d) Failure to provide copies or excerpts of the materials to the film owner and competent state agencies as prescribed.

2. A fine of VND 10,000,000 to VND 20,000,000 for falsifying information in the application dossier for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks.

3. A fine of VND 20,000,000 to VND 30,000,000 for altering the content of the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks through modification or erasure.

4. A fine of VND 30,000,000 to VND 40,000,000 for failure to report plans or results of implementing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks to the competent authorities as prescribed.

5. A fine of VND 40,000,000 to VND 60,000,000 for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks without meeting one of the conditions stipulated by Vietnamese authorities, organizations, except when the organizing body is a central government agency, political organization, social-political occupational organization, or provincial People's Committee.

6. A fine of VND 60,000,000 to VND 80,000,000 for failing to comply with the content of the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks.

7. A fine of VND 80,000,000 to VND 100,000,000 for any of the following acts:

a) Organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks without a permit as prescribed.

b) Films participating in film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks without a film classification permit or broadcasting decision as prescribed.

c) Allowing other organizations or individuals to use the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks.

d) Using the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks of another organization.

8. Additional forms of punishment:

a) Suspension of the right to use the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks for a period of one to three months for the act specified in Point c, Clause 7 of this Article.

b) Confiscation of the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks for the act specified in Point d, Clause 7 of this Article.

9. Remedial measures:

a) Compel the return of the permit for organizing film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks to the competent authority that issued it for the act specified in Clause 2 where the permit has been issued and for the act specified in Clause 3 of this Article.

b) Compel the destruction or removal of the film or compel the removal of the film from the internet if the film contains content as specified in Points a, b, and i, Clause 1, Article 9 of the Cinema Law for the act specified in Point b, Clause 7 of this Article.

c) Compel the return of the illegal profits obtained from the act specified in Point c, Clause 7 of this Article if such profits have been generated.

5. Supplement Point d, Clause 4, Article 34 as follows:

"d) Advertising films through trailers or related information about the film before, during, and after production, distribution, and dissemination of the film in violation of the provisions of Article 9 of the Cinema Law."

Article 2. Repeal and replace phrases, points, clauses, and articles of Decree No. 38/2021/NĐ-CP, Decree No. 129/2021/NĐ-CP

1. Repeal Clause 11, Article 4 of Decree No. 38/2021/NĐ-CP; repeal Clause 3, Article 4 of Decree No. 129/2021/NĐ-CP.

2. Repeal words and phrases

a) Repeal the word "film" at Clause 6, and the phrase "license for cooperation, joint venture film production, provision of film production services;" at Clause 7, Article 4 of Decree No. 38/2021/NĐ-CP;

b) Repeal the phrase "point b Clause 5 Article 9" at Clause 4, and the phrase "Article 7; Clause 4, Clause 5 Article 9" at Clause 6, Article 71 of Decree No. 38/2021/NĐ-CP amended and supplemented at Clause 24, Article 4 of Decree No. 129/2021/NĐ-CP;

c) Repeal the phrase "point b Clause 7 Article 6" at Clause 1, Article 5 of Decree No. 129/2021/NĐ-CP;

d) Repeal the phrase "or supplement" at point b, Clause 2, Article 11, point c, Clause 5, Article 15, point b, Clause 2, Article 17, Clause 2, Article 18, Clause 2, Article 19, point b, Clause 4, Article 20, Clause 2, Article 21, Clause 3, Article 22, Clause 2, Article 23, point b, Clause 3, Article 30 of Decree No. 38/2021/NĐ-CP, point e, Clause 10, Article 11 of Decree No. 38/2021/NĐ-CP supplemented at Clause 4, Article 4 of Decree No. 129/2021/NĐ-CP, point c, Clause 10, Article 15 of Decree No. 38/2021/NĐ-CP supplemented at Clause 5, Article 4 of Decree No. 129/2021/NĐ-CP, point i, Clause 7, Article 17 of Decree No. 38/2021/NĐ-CP supplemented at Clause 6, Article 4 of Decree No. 129/2021/NĐ-CP, point h, Clause 8, Article 18 of Decree No. 38/2021/NĐ-CP supplemented at Clause 7, Article 4 of Decree No. 129/2021/NĐ-CP, point đ, Clause 8, Article 19 of Decree No. 38/2021/NĐ-CP supplemented at Clause 8, Article 4 of Decree No. 129/2021/NĐ-CP, point c, Clause 7, Article 21 of Decree No. 38/2021/NĐ-CP supplemented at Clause 9, Article 4 of Decree No. 129/2021/NĐ-CP, point c, Clause 6, Article 22 of Decree No. 38/2021/NĐ-CP supplemented at Clause 10, Article 4 of Decree No. 129/2021/NĐ-CP, point c, Clause 7, Article 23 of Decree No. 38/2021/NĐ-CP supplemented at Clause 11, Article 4 of Decree No. 129/2021/NĐ-CP, point b, Clause 7, Article 30 of Decree No. 38/2021/NĐ-CP amended and supplemented at Clause 12, Article 4 of Decree No. 129/2021/NĐ-CP.

3. Replace phrases

a) Replace the phrase "point a Clause 4 Article 6" with the phrase "point a Clause 1 Article 6", and the phrase "points b, c and d Clause 5 Article 17" with the phrase "point d Clause 5 Article 17" at Clause 2, Article 71 of Decree No. 38/2021/NĐ-CP amended and supplemented at Clause 24, Article 4 of Decree No. 129/2021/NĐ-CP;

b) Replace the phrase "point b Clause 2 and Clause 5 Article 8" with the phrase "Article 6; Clause 2 Article 7; point b Clause 1, Clause 3, Clause 6 and Clause 7 Article 10" at Clause 8, Article 71 of Decree No. 38/2021/NĐ-CP amended and supplemented at Clause 24, Article 4 of Decree No. 129/2021/NĐ-CP;

c) Replace the phrase "Clause 4 Article 8" with the phrase "point e Clause 1 Article 6" at Clause 13, Article 71 of Decree No. 38/2021/NĐ-CP amended and supplemented at Clause 24, Article 4 of Decree No. 129/2021/NĐ-CP.

4. Supplement phrases

a) Supplement the phrase "in writing" after the phrase "organizations and individuals" at Clause 4, Article 4, point b, Clause 10, Article 11, point d, Clause 9, Article 12, point d, Clause 8, Article 18, point b, Clause 8, Article 34 of Decree No. 38/2021/NĐ-CP;

b) Supplement the phrase "in cases where the evidence of violation is harmful cultural products;" after the phrase "This Article" at point b, Clause 7, Article 17, point e, Clause 8, Article 18, point c, Clause 8, Article 19 of Decree No. 38/2021/NĐ-CP.

This Circular takes effect from December 25, 2025/.

1. The Ministry of Culture, Sports and Tourism shall take the lead in coordinating with relevant ministries and agencies to guide and implement this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from February 15, 2023.

2. Transitional Provisions

a) For administrative violations in the field of cinema occurring before the effective date of this Decree but discovered afterwards, if this Decree does not provide for legal responsibility or provides for lighter legal responsibility, then the provisions of this Decree shall apply;

b) For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individual or organization subject to the penalty still has objections, then the provisions of Decree No. 38/2021/NĐ-CP, Decree No. 129/2021/NĐ-CP shall apply.