Decree No. 131/2013/NĐ-CP on administrative penalties for violations concerning copyright and related rights

DECREE

Regulations on Administrative Sanctions for Violations Concerning Copyright and Related Rights

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

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

Based on the Civil Code dated June 14, 2005;

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

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree to regulate administrative sanctions for violations concerning copyright and related rights,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms and levels of sanction, measures to remedy consequences, authority to issue administrative violation records, and authority to impose administrative sanctions concerning copyright and related rights.

2. Other acts of administrative violation concerning copyright and related rights not specified in this Decree shall be regulated according to other Decrees of the Government on administrative sanctions in relevant fields of state management.

Article 2. Framework for Fine Imposition and Authority to Impose Fines on Individuals and Organizations

1. The maximum fine level in the field of copyright and related rights for individuals is 250,000,000 VND, and for organizations is 500,000,000 VND.

2. The framework for fines prescribed in Chapter II of this Decree applies to individuals, except for cases stipulated in Clauses 1, 2, 3, and 4 of Article 5; Clause 1 and Point b Clause 2 of Article 7 of this Decree. For the same act of violation, the framework for fines applicable to organizations is twice that applicable to individuals.

3. The authority to impose fines of the positions prescribed in Chapter III of this Decree applies to individuals. The authority to impose fines on organizations is twice the authority to impose fines on individuals.

In addition to the remedial measures prescribed in Points d, đ, e, and g Clause 1 of Article 28 of the Law on Handling Administrative Violations, acts of administrative violation concerning copyright and related rights may also be subject to one or more of the following remedial measures:

1. Compel correction of the author's name, work title, performer's name;

2. Compel recovery of the Certificate of Registration for Copyright, Certificate of Registration for Related Rights;

3. Compel removal of copies of works, performances, sound recordings, video recordings, broadcast programs violating under electronic, Internet, and digital formats;

4. Compel return to the owner of copyright, the owner of related rights the remuneration, fees, material benefits obtained from the implementation of the act of violation.

Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION, REMEDIAL MEASURES

Article 4. Acts of Violation Regarding Registration

1. A fine of between 2,000,000 VND and 3,000,000 VND for the act of failing to return the Certificate of Registration for Copyright, Certificate of Registration for Related Rights when the competent authority has decided to revoke its validity or recover it.

2. A fine of between 3,000,000 VND and 5,000,000 VND for the act of making false declarations of documents in the application dossier to obtain the Certificate of Registration for Copyright, Certificate of Registration for Related Rights.

3. A fine of between 5,000,000 VND and 8,000,000 VND for the act of using the Certificate of Registration for Copyright, Certificate of Registration for Related Rights when there is a decision to revoke its validity or recover it by the competent authority.

4. Measures to remedy consequences:

Compel recovery of the Certificate of Registration for Copyright, Certificate of Registration for Related Rights for the acts stipulated in Clauses 1, 2, and 3 of this Article.

Article 5. Violations concerning the activities of organizations representing collective rights of copyright and related rights

1. A fine of VND 500,000 to VND 1,000,000 for failing to report on collective representation activities of copyright and related rights to the competent state agency as prescribed.

2. A fine of VND 1,000,000 to VND 3,000,000 for conducting activities beyond the scope of the written authorization agreement with the copyright owner or related rights owner.

3. A fine of VND 3,000,000 to VND 5,000,000 for carrying out activities without a written authorization agreement with the copyright owner or related rights owner.

4. A fine of VND 5,000,000 to VND 10,000,000 for operating outside the field permitted by the competent state agency.

5. A fine of VND 10,000,000 to VND 15,000,000 for impersonating an organization representing collective rights of copyright and related rights to conduct activities.

6. Measures to remedy consequences:

Order to return to the copyright owner or related rights owner any remuneration, fees, or material benefits obtained from the acts specified in Clauses 2, 3, 4, and 5 of this Article.

Article 6. Violations concerning the activities of appraisal of copyright and related rights

1. A fine of VND 2,000,000 to VND 3,000,000 for conducting an appraisal of copyright and related rights in cases where such an appraisal must be refused according to regulations.

2. A fine of VND 3,000,000 to VND 5,000,000 for making false conclusions in an appraisal for personal gain.

3. Additional forms of punishment:

Suspension of the Appraiser Card and Certificate of Appraisal Organization for Copyright and Related Rights for a period of one to three months for the acts specified in Clause 1 and Clause 2 of this Article.

Article 7. Violations concerning the activities of advisory and service organizations

1. A fine of VND 1,000,000 to VND 3,000,000 for failing to report on advisory and service activities to the competent state agency as prescribed.

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

a) Failing to meet the conditions for the head of an advisory and service organization regarding copyright and related rights as prescribed;

b) Using advisors or service providers regarding copyright and related rights who do not meet the prescribed conditions.

3. A fine of VND 5,000,000 to VND 10,000,000 for impersonating an advisory and service organization to carry out advisory and service activities regarding copyright and related rights.

Article 8. Violations concerning the transportation and storage of infringing goods

1. A fine of VND 3,000,000 to VND 5,000,000 for transporting goods produced without permission from the right holder of copyright and related rights.

2. A fine of VND 5,000,000 to VND 10,000,000 for storing goods produced without permission from the right holder of copyright and related rights.

3. Additional forms of punishment:

Confiscation of the infringing goods for the acts specified in Clause 1 and Clause 2 of this Article.

Article 9. Violations concerning the infringement of the right to name and title of works

1. A fine of VND 2,000,000 to VND 3,000,000 for using a work without indicating the real name, pen name of the author, or the title of the work, or incorrectly indicating the real name or pen name of the author, or the title of the work on copies of the work, sound recordings, video recordings, or broadcast programs.

2. Measures to remedy consequences:

a) Order to make a public correction through mass media for false information in relation to the act specified in Clause 1 of this Article;

b) Order to correct the real name of the author and the title of the work on copies of the work, sound recordings, video recordings, or broadcast programs containing false information about the author's name or the work's title in relation to the act specified in Clause 1 of this Article.

Article 10. Acts infringing upon the right to protect the integrity of the work

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of arbitrarily altering or abridging the work, thereby damaging the reputation and prestige of the author.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of distorting the work, thereby damaging the reputation and prestige of the author.

3. Measures to remedy consequences:

a) An order to publish a public correction on mass media for false information in accordance with Clause 1 and Clause 2 of this Article;

b) An order to remove electronic copies of the infringing work from the Internet and digital environment, or to destroy the infringing objects in accordance with Clause 1 and Clause 2 of this Article.

Article 11. Acts infringing upon the right to publish the work

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of publishing the work without the permission of the owner of the copyright as prescribed.

2. Measures to remedy consequences:

An order to publish a public correction on mass media in accordance with Clause 1 of this Article.

Article 12. Acts infringing upon the right to create derivative works

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of creating derivative works without the permission of the owner of the copyright.

2. Measures to remedy consequences:

An order to remove electronic copies of the infringing work from the Internet and digital environment in accordance with Clause 1 of this Article.

Article 13. Acts infringing upon the right to authorize public performance of the work

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of directly performing the work before the public without the permission of the owner of the copyright as prescribed.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on acts of performing the work through recorded programs or any technical means that the public can access without the permission of the owner of the copyright as prescribed.

3. Measures to remedy consequences:

An order to remove copies of the infringing recordings in accordance with Clause 2 of this Article.

Article 14. Acts infringing upon the right to authorize rental of original or copies of cinematographic works, computer programs

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of renting original or copies of cinematographic works, computer programs without the permission of the owner of the copyright as prescribed.

Article 15. Acts infringing upon the right to distribute the work

1. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed on acts of distributing the work without the permission of the owner of the copyright.

2. Measures to remedy consequences:

An order to remove electronic copies of the infringing work from the Internet and digital environment, or to destroy the infringing objects in accordance with Clause 1 of this Article.

Article 16. Acts infringing upon the right to import original or copies of the work

1. A fine of VND 200,000,000 to VND 250,000,000 shall be imposed on acts of importing original or copies of the work without the permission of the owner of the copyright as prescribed.

2. Measures to remedy consequences:

a) An order to re-export the infringing objects in accordance with Clause 1 of this Article;

b) An order to destroy the infringing objects specified in Clause 1 of this Article if the remedial measures provided for in Point a of this Clause cannot be applied.

Article 17. Acts infringing upon the right to communicate works to the public

1. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on the act of communicating a work to the public through wired, wireless, internet information networks, or any technical means without the permission of the copyright owner as prescribed.

2. Measures to remedy consequences:

The infringing copies of the work shall be ordered to be removed for the act stipulated in Clause 1 of this Article.

Article 18. Acts infringing upon the right to reproduce works

1. A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed on the act of reproducing a work without the permission of the copyright owner.

2. Measures to remedy consequences:

An order to remove electronic copies of the infringing work from the Internet and digital environment, or to destroy the infringing objects in accordance with Clause 1 of this Article.

Article 19. Acts forging the signature of the author on a work

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of forging the signature of the author on a work.

2. Measures to remedy consequences:

The infringing objects shall be ordered to be destroyed for the act stipulated in Clause 1 of this Article.

Article 20. Acts infringing upon the right to apply technological measures to protect copyright

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of intentionally deleting or altering electronic management information attached to the original or copy of a work.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of intentionally canceling or rendering ineffective technological measures implemented by the copyright owner to protect their copyright in the work.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of producing, assembling, modifying, distributing, importing, exporting, selling, or renting equipment or systems that render ineffective technological measures implemented by the copyright owner to protect their copyright in the work.

4. Measures to remedy consequences:

a) The infringing objects imported under Clause 3 of this Article shall be ordered to be re-exported;

b) The infringing objects specified in Clauses 2 and 3 of this Article shall be ordered to be destroyed if the remedial measures provided for in Point a of this Clause cannot be applied.

Article 21. Acts infringing upon the right to be credited as the performer

1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of not mentioning or incorrectly mentioning the name of the performer on sound recordings, audiovisual recordings, or broadcast programs.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of impersonating a performer to perform a work.

3. Measures to remedy consequences:

a) The infringing act stipulated in Clause 1 of this Article shall be ordered to be publicly corrected on mass media or the correct name of the performer shall be ordered to be restored;

b) The infringing electronic copies of sound recordings, audiovisual recordings, or the infringing objects shall be ordered to be removed from the Internet and digital environment or destroyed for the act stipulated in Clause 2 of this Article.

Article 22. Acts infringing upon the right to protect the integrity of the performer's image

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of arbitrarily modifying or cutting the performer's image causing damage to the performer's reputation and prestige.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of distorting the performer's image causing damage to the performer's reputation and prestige.

3. Measures to remedy consequences:

a) The infringing acts stipulated in Clauses 1 and 2 of this Article shall be ordered to be publicly corrected on mass media;

b) The infringing electronic copies of the performance or the infringing objects shall be ordered to be removed from the Internet and digital environment or destroyed for the acts stipulated in Clauses 1 and 2 of this Article.

Article 23. Acts infringing upon the right to shape a live performance

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on acts of shaping a live performance on audio or video recordings without the permission of the owner of the performer's rights.

2. Measures to remedy consequences:

The infringing copies of the performance in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 24. Acts infringing upon the right to reproduce a performance

1. A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed on acts of reproducing a performance that has been shaped on audio or video recordings without the permission of the owner of the performer's rights.

2. Measures to remedy consequences:

The infringing elements or the infringing copies of the performance in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 25. Acts infringing upon the right to broadcast or transmit to the public an unshaped performance

1. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on acts of broadcasting or transmitting to the public an unshaped performance without the permission of the owner of the performer's rights, except when the performance is intended for broadcasting.

2. Measures to remedy consequences:

The infringing copies of the performance in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 26. Acts infringing upon the right to distribute to the public the original or copy of a performance

1. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed on acts of distributing to the public the original or copy of a performance without the permission of the owner of the performer's rights.

2. Measures to remedy consequences:

The infringing copies of the performance in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 27. Acts infringing upon the right to reproduce audio or video recordings

1. A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed on acts of reproducing audio or video recordings without the permission of the owner of the related rights of the producer of the audio or video recordings.

2. Measures to remedy consequences:

The infringing copies of the audio or video recordings in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 28. Acts infringing upon the right to distribute to the public the original or copy of audio or video recordings

1. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed on acts of distributing to the public the original or copy of audio or video recordings without the permission of the owner of the related rights of the producer of the audio or video recordings.

2. Measures to remedy consequences:

The infringing copies of the audio or video recordings in electronic form, on the Internet, and digital technology must be removed, or the infringing objects must be destroyed for the act stipulated in Clause 1 of this Article.

Article 29. Acts using published audio or video recordings for commercial purposes

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on acts of using published audio or video recordings for commercial purposes in restaurants, tourist accommodation facilities, shops, supermarkets without paying usage fees to the copyright owner or related rights owner as prescribed.

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

a) Using published audio or video recordings for commercial broadcasting without paying usage fees to the copyright owner or related rights owner as prescribed;

b) Using published audio or video recordings for commercial purposes in the aviation, public transportation, and other commercial activities without paying usage fees to the owner as prescribed.

3. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on acts of using published audio or video recordings for commercial purposes in karaoke service establishments, telecommunications services, and digital environments without paying usage fees to the copyright owner or related rights owner as prescribed.

4. Measures to remedy consequences:

The infringing copies of the audio or video recordings in electronic form, on the Internet, and digital technology must be removed for the acts stipulated in Clause 2 and Clause 3 of this Article.

Article 30. Acts infringing upon the right to broadcast and rebroadcast broadcasting programs

1. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed on acts of broadcasting and rebroadcasting broadcasting programs without permission from the owner of the rights of the broadcasting organization.

2. Measures to remedy consequences:

The infringing electronic copies, Internet environment copies, and digital copies of the broadcasting program shall be ordered to be removed for acts stipulated in Clause 1 of this Article.

Article 31. Acts infringing upon the right to distribute to the public broadcasting programs

1. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed on acts of distributing to the public copies of broadcasting programs without permission from the owner of the rights of the broadcasting organization.

2. Measures to remedy consequences:

The infringing electronic copies, Internet environment copies, and digital copies of the broadcasting program shall be ordered to be removed or the infringing objects shall be ordered to be destroyed for acts stipulated in Clause 1 of this Article.

Article 32. Acts infringing upon the right to fix broadcasting programs

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on acts of fixing broadcasting programs without permission from the owner of the rights of the broadcasting organization.

2. Measures to remedy consequences:

The infringing electronic copies, Internet environment copies, and digital copies of the broadcasting program shall be ordered to be removed or the infringing objects shall be ordered to be destroyed for acts stipulated in Clause 1 of this Article.

Article 33. Acts infringing upon the right to copy broadcasting programs

1. A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed on acts of copying fixed broadcasting programs without permission from the owner of the rights of the broadcasting organization.

2. Measures to remedy consequences:

The infringing electronic copies, Internet environment copies, and digital copies of the broadcasting program shall be ordered to be removed or the infringing objects shall be ordered to be destroyed for acts stipulated in Clause 1 of this Article.

Article 34. Acts of extracting and incorporating sound recordings, audiovisual works, and broadcasting programs

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on acts of extracting and incorporating sound recordings and audiovisual works without permission from the owner of the rights of the producer of sound recordings and audiovisual works.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on acts of extracting and incorporating broadcasting programs without permission from the owner of the rights of the broadcasting organization.

3. Measures to remedy consequences:

The infringing electronic copies, Internet environment copies, and digital copies of sound recordings, audiovisual works, and broadcasting programs shall be ordered to be removed or the infringing objects shall be ordered to be destroyed as provided in Clauses 1 and 2 of this Article.

Article 35. Acts infringing upon the right to apply technological measures for the purpose of protecting related rights

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on acts of removing or altering electronic rights management information without permission from the owner of related rights.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on acts of intentionally destroying or rendering ineffective technical measures implemented by the owner of related rights to protect such rights.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on acts of broadcasting, distributing, importing for distribution to the public performances, copies of performances that have been fixed, or sound recordings and audiovisual works when electronic rights management information has been removed or altered without permission from the owner of related rights.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on acts of manufacturing, assembling, modifying, distributing, importing, exporting, selling, or renting equipment or systems for unauthorized decoding of satellite signals carrying encrypted programs.

5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on acts of intentionally receiving and distributing satellite signals carrying encrypted programs without permission from the lawful distributor.

6. Measures to remedy consequences:

a) The infringing objects imported as provided in Clause 3 and Clause 4 of this Article shall be ordered to be re-exported.

b) In cases where the remedial measures provided in Point a of Clause 2 of this Article cannot be applied, the infringing objects as provided in Clauses 2, 3, 4, and 5 of this Article shall be ordered to be destroyed.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Officials specified in Articles 37, 38, 39, and 40 of this Decree and civil servants and employees performing inspection and supervision duties who discover acts violating copyright and related rights shall have the authority to draft administrative violation records in accordance with the provisions herein.

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

a) Fine up to VND 5,000,000;

b) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

c) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations;

2. The Chairperson of the People's Committee at the district level has the right to:

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

b) Suspend the right to use professional certificates for a limited period;

c) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

d) Apply remedial measures prescribed in Points d and e of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 of Article 3 of this Decree;

3. The Chairman of the Provincial People's Committee has the authority to:

a) Fine up to VND 250,000,000;

b) Suspend the right to use professional certificates for a limited period;

c) To confiscate contraband items;

d) Apply remedial measures prescribed in Article 3 of this Decree;

1. Cultural, Sports, and Tourism Inspectors performing their duties have the authority:

a) To fine up to VND 500,000;

b) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

c) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations;

2. Heads of Provincial Department of Culture, Sports, and Tourism Inspection Teams have the authority:

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

b) Suspend the right to use professional certificates for a limited period;

c) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

d) Apply remedial measures prescribed in Article 3 of this Decree;

3. The Head of the Specialized Inspection Team at the Ministry level have the authority to:

a) To fine up to VND 175,000,000;

b) Suspend the right to use professional certificates for a limited period;

c) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

d) Apply remedial measures prescribed in Article 3 of this Decree;

4. Head of the Ministry of Culture, Sports, and Tourism Inspection have the authority:

a) Fine up to VND 250,000,000;

b) Suspend the right to use professional certificates for a limited period;

c) To confiscate contraband items;

d) Apply remedial measures prescribed in Article 3 of this Decree;

5. Competence of Other Specialized Inspectors to Impose Administrative Sanctions for Violations

Inspectors and Heads of specialized inspection agencies and individuals, agencies assigned specialized inspection tasks within their respective fields of state management concerning copyright and related rights are regulated in Chapter II of this Decree.

1. Public Security Force soldiers performing their duties have the authority to fine up to VND 500,000.

2. Station chiefs and team leaders as specified in Clause 1 of this Article have the authority to fine up to VND 1,500,000.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) Fine up to VND 2,500,000;

b) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

c) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. County-level Public Security Chiefs; Provincial-level Public Security Departments including Chiefs of Public Order Management Police, Social Order Investigation Police, Economic and Official Crime Investigation Police, Internal Political Security Police, Economic Security Police, Cultural and Ideological Security Police, Information Security Police, Exit and Entry Administration Police have the authority:

a) Fine up to VND 25,000,000;

b) Suspend the right to use professional certificates for a limited period;

c) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

d) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 of Article 3 of this Decree;

4. The Director of the Public Security Department at the provincial level has the right to:

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

b) Suspend the right to use professional certificates for a limited period;

c) Confiscate administrative violation objects whose value does not exceed the fine amount stipulated in Point a of this Clause;

d) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 of Article 3 of this Decree;

5. Chiefs of Internal Political Security Bureau, Economic Security Bureau, Cultural and Ideological Security Bureau, Information Security Bureau, Public Order Management Police, Social Order Investigation Police, Economic and Official Crime Investigation Police, High-Tech Crime Prevention Police, Exit and Entry Administration Police have the authority:

a) Fine up to VND 250,000,000;

b) Suspend the right to use professional certificates for a limited period;

c) To confiscate contraband items;

d) Apply remedial measures prescribed in Point d of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 of Article 3 of this Decree;

Article 40. Administrative Sanctioning Authority of Border Guard Forces, Coast Guard, Customs, and Market Management

1. Persons authorized to impose administrative sanctions of the Border Guard Forces have the authority to impose administrative sanctions and apply measures to remedy consequences for acts of administrative violations stipulated in this Decree according to Article 40 of the Law on Handling Administrative Violations.

2. Persons authorized to impose administrative sanctions of the Coast Guard have the authority to impose administrative sanctions and apply measures to remedy consequences for acts of administrative violations stipulated in this Decree according to Article 41 of the Law on Handling Administrative Violations.

4. Persons authorized to impose administrative sanctions of the Market Management have the authority to impose administrative sanctions and apply measures to remedy consequences for acts of administrative violations stipulated in this Decree according to Article 45 of the Law on Handling Administrative Violations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Decree takes effect from December 15, 2013.

2. Decree No. 47/2009/NĐ-CP dated May 13, 2009 of the Government stipulating administrative sanctions for copyright and related rights violations, and Decree No. 109/2011/NĐ-CP dated December 2, 2011 amending and supplementing certain articles of Decree No. 47/2009/NĐ-CP dated May 13, 2009 of the Government stipulating administrative sanctions for copyright and related rights violations shall cease to be effective from the date this Decree takes effect.

Article 42. Transitional Provisions

For acts of administrative violations in the field of copyright and related rights occurring before July 1, 2013 but discovered or under consideration for resolution thereafter, provisions that are more favorable to the violators shall be applied.

Article 43. Responsibility for Implementing the Decree

1. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

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