Decree No. 158/2013/ND-CP stipulates administrative sanctions for violations in the fields of culture, sports, tourism, and advertising. It sets maximum fines ranging from VND 5 million to VND 50 million, applicable to both individuals and organizations, for acts such as producing, distributing, and disseminating films; organizing cultural activities contrary to regulations; violating regulations in the field of sports; operating tourism services. Remedial measures include destroying evidence and returning illegal gains.
Scope of application
Individuals, organizations, and state agencies with authority impose administrative sanctions for violations in the fields of culture, sports, tourism, and advertising.
Key points
- Violating regulations on film production is subject to a fine of VND 5 million to VND 50 million
- Violating regulations on film distribution is subject to a fine of VND 1 million to VND 30 million
- Violating regulations on film dissemination is subject to a fine of VND 1 million to VND 35 million
- Violating regulations on organizing cultural activities is subject to a fine of VND 2 million to VND 40 million
- Violating regulations on using stimulants in training and competition in sports is subject to a fine of VND 10 million to VND 20 million
🌐 Social impact of this document
- Creating obstacles for businesses in the fields of culture, sports, and tourism to comply with legal regulations
- Reducing the risk of administrative violations in the fields of culture, sports, tourism, and advertising
- High fines may impose a financial burden on small and medium-sized enterprises
❓ Frequently asked questions
What is the fine for violating regulations on film production?
Violating regulations on film production is subject to a fine of VND 5 million to VND 40 million, depending on the severity of the violation.
Is the use of stimulants in training and competition in sports subject to punishment?
Yes, the use of stimulants listed in the Prohibited List for Training and Competition in Sports will be subject to a fine of VND 10 million to VND 20 million.
Are there penalties for violating regulations on travel agency operations?
Yes, violations such as operating a travel agency with an unqualified tour guide will be subject to a fine of VND 1 million to VND 5 million.
Are there penalties for organizing cultural activities contrary to regulations?
Yes, violations such as organizing artistic performances outside permitted hours will be subject to a fine of VND 10 million to VND 40 million.
Are there penalties for using tour guides contrary to regulations?
Yes, using a tour guide to conduct programs without a written contract will be subject to a fine of VND 5 million to VND 10 million.
Full text
DECREE
Rules on administrative penalties for violations in the fields of culture, sports, tourism, and advertising
sports, tourism, and advertising
___________________
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;
Pursuant to the Advertising Law dated June 21, 2012;
Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;
Based on the Cinema Law dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Cinema Law dated June 18, 2009;
Based on the Tourism Law dated June 14, 2005;
Pursuant to the Law on Physical Culture and Sports dated November 29, 2006;
Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;
Based on the Intellectual Property Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Telecommunications dated November 23, 2009;
Based on the Publishing Law dated November 20, 2012;
Based on the Fisheries Law dated November 26, 2003;
Based on the Medicine Law dated June 14, 2005;
On the basis of the Law on Tissue and Organ Donation and Transplantation and Cadaver Donation dated November 29, 2006;
Based on the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;
Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;
Based on the Law on Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;
Pursuant to the Law on Trade dated June 14, 2005;
Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;
Pursuant to the Library Ordinance dated December 28, 2000;
Based on the Plant Protection and Quarantine Decree dated July 25, 2001;
Based on the Seed Plants Decree dated March 24, 2004;
Pursuant to the Veterinary Law dated April 29, 2004;
Based on the Livestock Breed Decree dated March 24, 2004;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government issues this Decree to regulate administrative penalties for violations in the fields of culture, sports, tourism, and advertising,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates acts of administrative violations, forms of penalties, measures to remedy consequences, authority to issue administrative violation notices, and authority to impose penalties in the fields of culture, sports, tourism, and advertising.
2. Administrative violations in the fields of culture, sports, tourism, and advertising as prescribed in this Decree include:
a) Violations in the field of culture;
b) Violations in the field of sports;
c) Violations in the field of tourism;
d) Violations in the field of advertising.
3. Acts of administrative violations in management areas related to the fields of culture, sports, tourism, and advertising not specified in this Decree shall be subject to penalties under other decrees regulating administrative penalties in other fields.
Article 2. Measures to remedy consequences
In addition to the measures to remedy consequences prescribed in Points a, b, đ, e, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations, acts of administrative violations in the fields of culture, sports, tourism, and advertising may also be subject to one or more of the following measures to remedy consequences:
1. Compelling the cancellation of athlete selection results, athlete and coach ranking results, and high-performance sports referee results;
2. Compelling the cancellation of sports competition results;
3. Compelling the removal of exhibitions and signs;
4. Compelling the return of illegally occupied land or ceasing unauthorized use of historical-cultural relics, scenic spots, cultural, and artistic works;
5. Compelling the return of library materials that have been swapped or misappropriated;
6. Compelling the removal, dismantling, or deletion of advertisements;
7. Compelling an apology to organizations or individuals.
Article 3. Regulations on fine amounts and authority to impose fines
1. The maximum fine amount for individuals in the fields of culture, sports, and tourism is 50,000,000 VND, and in the field of advertising is 100,000,000 VND.
2. The fine amounts prescribed in Chapter II and Chapter III of this Decree apply to individuals, except where provided in Article 4; Clause 5 Article 6; Article 8; Article 10; Point b Clause 1, Point a Clause 3, Points a, b, and c Clause 5, Clauses 6, 7, and 8 Article 13; Clauses 1, 2, 3, 4, 6, and 7 Article 14; Point b Clause 2 Article 15; Point a Clause 1, Point b Clause 3 Article 17; Point c Clause 3 Article 23; Clause 1 and Points a, b, and c Clause 2 Article 24; Clause 2 and Clause 4 Article 27; Point b Clause 1 Article 30; Clause 2 Article 32; Article 33; Clause 1 and Clause 5 Article 40; Article 41; Points a, b, and d Clause 1, Clauses 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 42; Point c Clause 1 Article 52; Clauses 2 and 3 Article 55; Clause 2 Article 56; Articles 57, 58, Points a, b, and c Clause 3 Article 59, Point a Clause 2 Article 68, Clause 2 Article 69, and Clause 1 Article 70 of this Decree apply to organizations. For the same act of violation, the fine amount for organizations is twice the fine amount for individuals.
3. The authority to impose fines of those with authority to impose penalties as prescribed in Chapter IV of this Decree applies to acts of administrative violations by individuals; the authority to impose penalties on organizations is twice that for individuals.
Chapter II
ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELDS OF CULTURE, SPORTS, AND TOURISM
Section 1
ACTS OF VIOLATION, FORMS OF PENALTY, AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF CULTURE
Article 4. Violation of regulations on film production
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Altering, erasing to change the content of the cooperation, joint venture film production and service provision license;
b) Producing films containing private information of others that according to the law must be agreed upon by the person concerned but the producer did not obtain permission or agreement from that person.
2. A fine of VND 10,000,000 to VND 20,000,000 for producing films with defamatory or insulting content against the reputation of organizations or the dignity and personality of individuals.
3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:
a) Providing film production services or engaging in cooperation or joint venture film production not in accordance with the content stated in the film production service provision license, cooperation, or joint venture film production license;
b) Inserting, splicing advertisements for prohibited products into films that have been permitted for distribution;
c) Inserting, splicing pornographic, violent, or obscene sounds and images into films that have been permitted for distribution;
d) Adding or removing content from films that have been permitted for distribution, thereby altering their content.
4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:
a) Producing films with pornographic, violent, or socially harmful content, environmental destruction, or content inconsistent with Vietnamese customs, traditions, and culture;
b) Providing film production services or engaging in cooperation or joint venture film production without a license;
c) Producing films or providing film production services without a business qualification certificate;
d) Not establishing a script review board, film review board, project selection advisory board, or conducting public bidding for state budget-funded film production as prescribed.
5. A fine of VND 40,000,000 to VND 50,000,000 for producing films with obscene content.
6. Revocation of the right to use the license for a period of 12 to 24 months for transferring the cooperation, joint venture film production, or service provision license.
7. Measures to remedy consequences:
Order the destruction of evidence of violation for the acts stipulated in Point b Clause 1, Clause 2, Points b, c, and d Clause 3, Point a Clause 4, and Clause 5 of this Article.
Article 5. Violation of regulations on film distribution
1. A fine of VND 1,000,000 to VND 2,000,000 for one of the following acts:
a) Selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with less than 20 copies;
b) Selling or renting internal circulation films;
c) Erasing or modifying control labels affixed to film tapes or discs.
2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:
a) Selling, renting, or distributing film reels, tapes, or discs that have not been granted a distribution permit, with less than 20 copies;
b) Selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with 20 to 100 copies;
c) Swapping the content of film tapes or discs already affixed with control labels for commercial purposes.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with 100 to 500 copies;
b) Selling, renting, or distributing film reels, tapes, or discs that have not been granted a distribution permit, with 20 to 100 copies.
4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Distributing film reels, tapes, or discs without a distribution permit from the competent authority or without a broadcasting decision from the head of the television or radio-television station;
b) Exceeding the scope specified in the distribution permit when distributing film reels, tapes, or discs;
c) Selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with 500 to 1,000 copies;
d) Selling, renting, or distributing film reels, tapes, or discs that have not been granted a distribution permit, with 100 copies or more;
đ) Selling, renting, or distributing film reels, tapes, or discs containing pornographic, violent, or obscene content.
5. A fine of VND 15,000,000 to VND 20,000,000 for selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with 1,000 to 5,000 copies.
6. A fine of VND 20,000,000 to VND 25,000,000 for one of the following acts:
a) Selling, renting, or distributing film reels, tapes, or discs that have been decided to be recalled, confiscated, banned, or destroyed;
b) Selling or renting film tapes or discs without control labels or with incorrect control labels not matching the film that has been granted a distribution permit, with 5,000 copies or more.
7. Measures to remedy consequences:
a) Order the destruction of evidence of violation for the acts stipulated in Clauses 1, 2, and 3, Points a, c, d, and đ Clause 4, Clause 5, and Clause 6 of this Article;
b) Order the return of illegal profits obtained from implementing the acts stipulated in Point a and Point b Clause 1, Clauses 2, 3, 4, 5, and 6 of this Article.
Article 6. Violation of film dissemination regulations
1. A fine of VND 1,000,000 to VND 3,000,000 for the act of screening films in public places from midnight to 8:00 AM.
2. A fine of VND 3,000,000 to VND 5,000,000 for the act of screening unmarked film tapes or discs in public places.
3. A fine of VND 5,000,000 to VND 10,000,000 for the act of screening films not yet permitted for public dissemination in public places.
4. A fine of VND 10,000,000 to VND 15,000,000 for the act of screening films that have been decided to be recalled, confiscated, banned from dissemination, or destroyed, or contain pornographic, violent, or obscene content.
5. A fine of VND 20,000,000 to VND 30,000,000 for the act of broadcasting films that have been decided to be recalled, confiscated, banned from dissemination, or destroyed, or contain pornographic, violent, or obscene content.
6. Additional forms of punishment:
Seize the means of violation for the acts stipulated in Clause 4 of this Article.
7. Measures to remedy consequences:
Order the destruction of evidence of violation for the acts stipulated in Clauses 2, 3, 4, and 5 of this Article.
Article 7. Violation of film duplication and storage regulations
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Duplicating films not yet permitted for public dissemination with less than 20 copies;
b) Illegally storing films containing prohibited content with less than 10 copies.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Duplicating films not yet permitted for public dissemination with 20 to 100 copies;
b) Illegally storing films containing prohibited content with 10 to 50 copies.
3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:
a) Duplicating films not yet permitted for public dissemination with 100 copies or more;
b) Illegally storing films containing prohibited content with 50 to 100 copies.
4. A fine of VND 20,000,000 to VND 25,000,000 for any of the following acts:
a) Duplicating films that have been decided to be recalled, confiscated, or destroyed, or banned from dissemination;
b) Duplicating films containing pornographic, violent, or obscene content;
c) Illegally storing films containing prohibited content with 100 copies or more;
d) Illegally storing films that have been decided to be recalled, confiscated, or destroyed.
5. Additional forms of punishment:
Seize the means of violation for the acts stipulated in Point a Clause 1, Point a Clause 2, Point a Clause 3, Point a and Point b Clause 4 of this Article.
6. Measures to remedy consequences:
Order the destruction of evidence of violation for the acts stipulated in Clauses 1, 2, 3, and 4 of this Article.
Article 8. Violation of film preservation and storage regulations
||| 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 ensure film safety, original film materials, and proper technical standards for film storage;
b) Failing to provide copies or extracts of film materials to the production base as required.
2. A fine of VND 5,000,000 to VND 10,000,000 for the act of submitting insufficient or incorrect types of film preservation and storage as required.
3. A fine of VND 10,000,000 to VND 15,000,000 for the act of failing to submit film preservation and storage as required.
Article 9. Violation of audio and video recording duplication regulations for music, dance, and stage performances
1. A fine of VND 500,000 to VND 1,000,000 for the act of duplicating audio and video recordings of music, dance, and stage performances without approved content permits with less than 10 copies.
2. A fine of VND 1,000,000 to VND 3,000,000 for the act of duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 10 to 100 copies.
3. A fine of VND 3,000,000 to VND 5,000,000 for the act of duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 100 to 300 copies.
4. A fine of VND 5,000,000 to VND 10,000,000 for the act of duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 300 to 500 copies.
5. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 500 to 1,000 copies;
b) Duplicating audio and video recordings of music, dance, and stage performances containing pornographic, violent, or obscene content.
6. A fine of VND 15,000,000 to VND 20,000,000 for any of the following acts:
a) Duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 1,000 to 5,000 copies;
b) Duplicating audio and video recordings of music, dance, and stage performances that have been decided to be banned from circulation or recalled, confiscated, or destroyed.
7. A fine of VND 20,000,000 to VND 25,000,000 for the act of duplicating audio and video recordings of music, dance, and stage performances without approved content permits with 5,000 copies or more.
8. Additional forms of punishment:
Seize the means used for illegal duplication of audio and video recordings for the acts stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.
9. Remedial measures:
Order the destruction of illegally duplicated audio and video recordings for the acts stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.
Article 10. Violations concerning the production, labeling control, storage, and archiving of audio and video recordings of music, dance, and theatrical performances.
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Altering the content of the approval certificate for the audio and video recordings of music, dance, and theatrical performances through repair, erasure, or modification.
b) Labeling control incorrectly with programs that have been approved for content, with quantities ranging from 50 to 500 copies.
c) Failing to submit for storage and archiving the audio and video recordings of music, dance, and theatrical performances.
d) Adding or removing images or sounds that change the content of the audio and video recordings of music, dance, and theatrical performances that have been permitted for circulation.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Incorporating or adding sounds or images with content that violates legal provisions into audio and video recordings of music, dance, and theatrical performances that have been permitted for circulation.
b) Labeling control incorrectly with programs that have been approved for content, with quantities ranging from 500 to 1,000 copies.
3. A fine of VND 15,000,000 to VND 20,000,000 for the act of incorrectly labeling control with programs that have been approved for content, with quantities of 1,000 copies or more.
4. A fine of VND 30,000,000 to VND 40,000,000 for the act of producing audio and video recordings of music, dance, and theatrical performances containing pornographic, violent inciting, social evil propaganda, or content inconsistent with Vietnamese customs, traditions, and cultural norms.
5. A fine of VND 40,000,000 to VND 50,000,000 for the act of producing audio and video recordings of music, dance, and theatrical performances containing obscene content.
6. Measures to remedy consequences:
Order the destruction of the audio and video recordings for the acts specified in Point d Clause 1, Point a Clause 2, Clause 4, and Clause 5 of this Article.
Article 11. Violations concerning the sale, rental, or circulation of audio and video recordings of music, dance, and theatrical performances.
1. A fine of VND 2,000,000 to VND 5,000,000 for the act of selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities under 50 copies.
2. A fine of VND 5,000,000 to VND 10,000,000 for the act of selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities ranging from 50 to 100 copies.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances containing pornographic, violent inciting, or obscene content.
b) Selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities ranging from 100 to 300 copies.
4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:
a) Selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances containing content that has been decided to prohibit circulation, confiscate, seize, or destroy.
b) Selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities ranging from 300 to 500 copies.
5. A fine of VND 20,000,000 to VND 25,000,000 for the act of selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities ranging from 500 to 1,000 copies.
6. A fine of VND 25,000,000 to VND 30,000,000 for the act of selling, renting, or circulating audio and video recordings of music, dance, and theatrical performances without an approved content permit, with quantities of 1,000 copies or more.
7. Measures to remedy consequences:
a) Order the destruction of the evidence of violation for the acts specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article.
b) Order the return of the illegal profits obtained from implementing the acts specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article.
Article 12. Violation of provisions on storing and disseminating audio and video recordings of music and theatrical performances
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for disseminating audio and video recordings of music and theatrical performances containing content not permitted for dissemination.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for disseminating audio and video recordings of music and theatrical performances containing content promoting social evils, inappropriate with Vietnamese customs, traditions, and cultural values in public places.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Illegally storing and disseminating audio and video recordings of music and theatrical performances prohibited from dissemination in quantities under 20 copies;
b) Disseminating audio and video recordings of music and theatrical performances containing pornographic or violent inciting content in public places;
c) Circulating audio and video recordings of music and theatrical performances without control labels in quantities under 300 copies.
4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Illegally storing and disseminating audio and video recordings of music and theatrical performances prohibited from dissemination in quantities from 20 to 100 copies;
b) Circulating audio and video recordings of music and theatrical performances without control labels in quantities from 300 copies or more;
c) Illegally storing audio and video recordings of music and theatrical performances that have not been granted content approval permits or control labels in quantities from 50 to 300 copies.
5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Illegally storing and disseminating audio and video recordings of music and theatrical performances prohibited from dissemination in quantities of 100 copies or more;
b) Illegally storing audio and video recordings of music and theatrical performances that have not been granted content approval permits or control labels in quantities of 300 copies or more.
6. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for illegally storing and disseminating audio and video recordings of music and theatrical performances containing obscene content.
7. Measures to remedy consequences:
The violative objects shall be ordered to be destroyed for violations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article.
Article 13. Violation of provisions on artistic performances and fashion shows
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not notifying in writing the content of the artistic performance and fashion show program to the competent state agency at the place of performance and show as prescribed;
b) Not notifying in writing the content of the artistic performance and fashion show program of foreign organizations legally operating in Vietnam to the competent state agency at the location of their headquarters as prescribed.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for arbitrarily adding or subtracting lyrics, dialogue, or other acting movements different from those approved for performance.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Performing arts and fashion shows not in accordance with the content recorded in the permit;
b) Using audio recordings instead of the real voice of the performer or instead of the real sound of solo musical instruments;
c) Using costumes or makeup not appropriate to the purpose, content of the performance, fashion show, and Vietnamese customs, traditions, and cultural values;
d) Performing arts and fashion shows after midnight until 8:00 AM without permission from the competent state agency.
4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Performing arts and fashion shows without a permit;
b) Conducting actions inconsistent with Vietnamese customs, traditions, and cultural values or actions that negatively impact international relations during the organization of performances;
c) Organizing performances or performing works not permitted for dissemination.
5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Organizing foreign organizations, individuals, or overseas Vietnamese to perform arts and fashion shows not in accordance with the content recorded in the permit;
b) Organizing performances for persons banned from performing or suspended from performing activities by the competent state agency;
c) Buying, selling, repairing, lending, or renting permits for organizing artistic performances and fashion shows;
d) Performing arts and fashion shows abroad or participating in competitions according to regulations requiring a permit without a permit.
6. A fine of VND 20,000,000 to VND 25,000,000 for one of the following acts:
a) Organizing foreign organizations, individuals, or overseas Vietnamese to perform arts and fashion shows without a permit;
b) Organizing performances for persons going abroad to perform arts and fashion shows without a permit.
7. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for organizing performances of works containing content promoting social evils, inappropriate with Vietnamese customs, traditions, and cultural values; defaming the reputation of organizations, the honor, and dignity of individuals.
8. A fine of VND 30,000,000 to VND 35,000,000 shall be imposed for organizing performances of works containing pornographic or violent inciting content, prohibited works.
9. Suspension of performance activities for three to six months for performers committing any of the following acts:
a) Performing arts and fashion shows containing content promoting social evils, inappropriate with Vietnamese customs, traditions, and cultural values; defaming the reputation of organizations, the honor, and dignity of individuals;
b) Performing works containing pornographic or violent inciting content, prohibited works.
10. Additional forms of punishment:
a) Suspension of performance activities for one to three months for performers committing acts stipulated in Points b and c Clause 3, Point b Clause 4 of this Article;
b) Suspension of organizing performance activities for one to three months for organizations committing acts stipulated in Clause 7 and Clause 8 of this Article.
Article 14. Violations concerning beauty pageants and model contests
1. A fine of VND 2,000,000 to VND 6,000,000 shall be imposed for any of the following acts:
a) Not notifying in writing the content of the beauty pageant or model contest program to the competent state agency where the contest is organized as prescribed;
b) Entering contestants in beauty pageants or model contests who do not meet the required conditions as prescribed.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts that damage the reputation of organizations, the honor and dignity of contestants in beauty pageants or model contests.
3. A fine shall be imposed for organizing beauty pageants and model contests that do not comply with the content recorded in the permit as follows:
a) VND 10,000,000 to VND 20,000,000 for organizing provincial, sectoral, or central mass organization-level beauty pageants and model contests;
b) VND 20,000,000 to VND 30,000,000 for organizing regional-scale beauty pageants;
c) VND 30,000,000 to VND 40,000,000 for organizing nationwide-scale beauty pageants and model contests, or international beauty pageants and model contests held in Vietnam.
4. A fine shall be imposed for organizing beauty pageants and model contests without a permit as follows:
a) VND 20,000,000 to VND 30,000,000 for organizing provincial, sectoral, or central mass organization-level beauty pageants and model contests;
b) VND 30,000,000 to VND 40,000,000 for organizing regional-scale beauty pageants;
c) VND 40,000,000 to VND 50,000,000 for organizing nationwide-scale beauty pageants and model contests, or international beauty pageants and model contests held in Vietnam.
5. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on contestants who go abroad to participate in international beauty pageants or model contests as required by regulations but without a permit.
6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for sending contestants abroad to participate in beauty pageants or model contests without a permit.
7. A fine shall be imposed for failing to award prizes or certificates to winning contestants as stipulated in the Contest Rules and Organization Plan as follows:
a) VND 10,000,000 to VND 20,000,000 for provincial, sectoral, or central mass organization-level beauty pageants and model contests;
b) VND 20,000,000 to VND 30,000,000 for regional-scale beauty pageants;
c) VND 30,000,000 to VND 40,000,000 for nationwide-scale beauty pageants and model contests, or international beauty pageants and model contests held in Vietnam.
8. Measures to remedy consequences
The violator must apologize to the organization or individual affected by the act specified in Clause 2 of this Article.
Article 15. Violations concerning cultural lifestyle
1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for burning joss paper at inappropriate locations during festivals or historical-cultural sites.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Exploiting activities such as spirit possession, fortune-telling, soul-calling, divination, card-shuffling, cursing, incantation, spreading prophecies, and similar practices for profit;
b) Hanging national flags at festival areas lower or less solemn than other festival flags.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for reviving customs and traditions that affect human health, personality, and Vietnamese cultural heritage.
4. Measures to remedy consequences:
The violator must surrender the illegal profits obtained from the act specified in Point a of Clause 2 of this Article.
Article 16. Violations concerning the conditions for organizing cultural activities and public cultural service businesses
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Operating electronic games at locations less than 200 meters from primary schools, junior high schools, and high schools;
b) Operating karaoke and dance clubs at locations less than 200 meters from schools, hospitals, religious and belief facilities, and administrative state agencies;
c) Operating electronic game businesses after 10 PM until 8 AM;
d) Failing to ensure adequate lighting in dance clubs and karaoke rooms as prescribed.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of issuing tickets exceeding the number of seats or the capacity at places organizing artistic performances, fashion shows, beauty pageants, and modeling contests.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Failing to ensure the required area for dance clubs and karaoke rooms as prescribed;
b) Failing to comply with the design requirements for dance club and karaoke room doors.
4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using alarm equipment not in accordance with regulations.
5. Additional forms of punishment:
Seize the contraband items involved in the violation stipulated in Clause 4 of this Article.
6. Measures to remedy consequences:
Order the return of illegal profits obtained through the acts stipulated in Clause 2 of this Article.
Article 17. Violations concerning permits in organizing cultural activities and public cultural service businesses
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Organizing festivals as required to report in writing to the competent state agency but failing to report or reporting without the consent of the competent state agency and still organizing;
b) Altering, erasing, or changing the content of the permit for operating dance clubs and karaoke businesses.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Operating dance clubs and karaoke businesses not in accordance with the contents and scope specified in the permit;
b) Allowing other organizations or individuals to use the permit or using the permit of another organization or individual to operate dance clubs and karaoke businesses.
3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:
a) Operating karaoke businesses without a permit or failing to register with the competent state agency before commencing business operations;
b) Organizing festivals as required to have a permit but lacking such a permit.
4. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on the act of operating dance clubs without a permit or failing to register with the competent state agency before commencing business operations.
5. Additional forms of punishment:
Revoke the right to use the permit for a period of 12 to 24 months for the act stipulated in Point b of Clause 2 of this Article.
Article 18. Violations concerning the production and circulation of audiovisual media for electronic games
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of organizing electronic games with pornographic or violent content.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Organizing electronic games with obscene content;
b) Selling or renting audiovisual media for electronic games with pornographic, violent, or obscene content.
3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of producing audiovisual media for electronic games with pornographic or violent content.
4. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on the act of producing audiovisual media for electronic games with obscene content.
5. Measures to remedy consequences:
a) Order the destruction of contraband items involved in the violations stipulated in Clauses 1, 2, 3, and 4 of this Article;
b) Order the return of illegal profits obtained through the act stipulated in Point b of Clause 2 of this Article.
Article 19. Violations concerning prohibited activities in cultural operations and public cultural service businesses
||| 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 more staff than the prescribed number in a karaoke room.
b) Hanging, displaying pornographic, violent, or obscene paintings, photographs, calendars, or other objects at nightclubs, public dance halls, karaoke restaurants, tourist accommodation facilities, dining and refreshment establishments, or other places for cultural activities and public cultural service businesses.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Selling pornographic, violent, or obscene paintings and photographs.
b) Operating karaoke, bars, and other forms of entertainment beyond permitted hours.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Providing services with pornographic characteristics at nightclubs, karaoke restaurants, tourist accommodation facilities, dining and refreshment establishments, or other places for cultural activities and public cultural service businesses.
b) Operating nightclubs beyond permitted hours.
4. A fine of VND 15,000,000 to VND 20,000,000 for organizing dancing activities in unauthorized locations.
5. A fine of VND 20,000,000 to VND 25,000,000 for covering up pornographic, violent, or obscene activities, including nude dancing, at nightclubs, public dance halls, karaoke restaurants, or other places for cultural activities and public cultural service businesses.
6. A fine of VND 25,000,000 to VND 30,000,000 for organizing nude dancing or other obscene activities at nightclubs, other places for cultural activities and public cultural service businesses, dining and refreshment establishments, or karaoke restaurants.
7. Additional forms of administrative sanction:
Revoking the business license for nightclubs and karaoke from twelve to twenty-four months for violations stipulated in Clause 5 and Clause 6 of this Article.
8. Measures to remedy consequences:
Ordering the destruction of evidence of violation for violations stipulated in Point b Clause 1 and Point a Clause 2 of this Article.
Article 20. Violations concerning private music and dance teaching institutions' regulations on teaching music and dance
1. A fine of VND 3,000,000 to VND 7,000,000 for teaching music or dance without registering with the competent state agency as required.
2. A fine of VND 4,000,000 to VND 8,000,000 for organizing music or dance teaching or using teachers who do not meet the required conditions.
3. A fine of VND 10,000,000 to VND 15,000,000 for teaching dance with pornographic, violent, or obscene content.
Article 21. Violations concerning permits and registration for activities in the fields of fine arts, cultural and artistic exhibitions, and photography
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not notifying the competent state agency about organizing a fine arts creation contest as required.
b) Not submitting the results report of a fine arts creation contest to the competent state agency as required.
2. A fine of VND 5,000,000 to VND 10,000,000 for organizing photography contests or cultural and artistic exhibitions that do not match the registered content.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Organizing photography contests or cultural and artistic exhibitions without registering with the competent state agency as required.
b) Organizing fine arts exhibitions, photography works, or sculpture creation camps that do not match the content specified in the permit.
4. A fine of VND 15,000,000 to VND 20,000,000 for organizing fine arts exhibitions, photography works, or sculpture creation camps without a permit.
5. A fine of VND 30,000,000 to VND 40,000,000 for constructing fine arts projects that do not match the content specified in the permit.
6. A fine of VND 40,000,000 to VND 50,000,000 for constructing fine arts projects without a permit.
7. Measures to remedy consequences:
a) Ordering the dismantling of exhibitions for violations stipulated in Clauses 2, 3, and 4 of this Article.
b) Ordering the dismantling of constructions for violations stipulated in Clause 5 and Clause 6 of this Article.
Article 22. Violations of prohibitions in the field of fine arts, cultural exhibitions, artistic performances, and photography
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Replicating a statue of President Ho Chi Minh whose model has not been approved by the competent state authority;
b) Placing a statue of President Ho Chi Minh without ensuring solemnity and respect for the leader.
2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of exhibiting publications, works of fine arts, photography, and other cultural and artistic products prohibited from circulation.
3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of constructing an artistic work containing pornographic, violent, or obscene content, or not conforming to the approved model.
4. Measures to remedy consequences:
a) Order the destruction of the evidence of violation as stipulated in Point a Clause 1 and Clause 2 of this Article;
b) Order the removal of the construction as stipulated in Clause 3 of this Article.
Article 23. Violations of regulations on protecting cultural, artistic works, and cultural heritage
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of writing, drawing, defiling, or desecrating historical-cultural relics, scenic spots, cultural and artistic works.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Propaganda, dissemination, or performance that distorts the content and value of intangible cultural heritage listed in the National Intangible Cultural Heritage Inventory or recognized as World Cultural Heritage;
b) Propaganda or introduction that distorts the content and value of historical-cultural relics, scenic spots ranked.
3. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on any of the following acts:
a) Damaging objects in museums, historical-cultural relics, scenic spots with a value under VND 50,000,000;
b) Not registering national treasures with the competent state authority or failing to notify the competent state authority when changing ownership of national treasures as prescribed;
c) Repairing, erasing, or altering the ranking of historical-cultural relics, scenic spots.
4. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the act of damaging cultural and artistic works.
5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following acts:
a) Damaging objects in museums, historical-cultural relics, scenic spots with a value of VND 50,000,000 or more; seriously damaging historical-cultural relics, scenic spots, cultural and artistic works;
b) Encroaching on land or using historical-cultural relics, scenic spots, cultural and artistic works illegally;
c) Illegally exporting cultural relics, antiques, national treasures abroad.
6. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of destroying or altering the original elements constituting historical-cultural relics, scenic spots.
7. Confiscation of the evidence of violation on any of the following acts:
a) Making copies of cultural relics, antiques, national treasures for business without a permit;
b) Buying, selling, exchanging, or transporting cultural relics, antiques, national treasures belonging to historical-cultural relics, scenic spots and cultural relics, antiques, national treasures of illegal origin.
8. Additional forms of punishment:
Confiscation of the means of violation as stipulated in Point a Clause 7 of this Article.
9. Remedial measures:
a) Order restoration to the original condition as stipulated in Clause 1 of this Article;
b) Order the return of encroached land or cessation of illegal use of historical-cultural relics, scenic spots, cultural and artistic works as stipulated in Point b Clause 5 of this Article;
c) Order the surrender of unlawful profits obtained from the implementation of the act as stipulated in Clause 7 of this Article.
Article 24. Violations concerning archaeological excavation, preservation, repair, and restoration of historical-cultural relics and scenic spots
1. A fine of from five million to fifteen million dong shall be imposed for any of the following acts:
a) Conducting exploration and archaeological excavation not in accordance with the content stated in the permit;
b) Preserving, repairing, and restoring historical-cultural relics and scenic spots not in accordance with the approved planning, project, and technical design.
2. A fine of from fifteen million to twenty-five million dong shall be imposed for any of the following acts:
a) Conducting exploration and archaeological excavation without a permit; illegally excavating and dredging at archaeological sites;
b) Preserving, repairing, and restoring historical-cultural relics and scenic spots without the written consent of the competent state agency;
c) Implementing planning, projects, or organizing construction and supervising construction projects for preservation, repair, and restoration of relics without meeting the required conditions of capacity and practice according to regulations;
d) Collecting and researching intangible cultural heritage in Vietnam without complying with the content permitted by the competent state agency of Vietnam.
3. A fine of from twenty-five million to thirty-five million dong shall be imposed for collecting and researching intangible cultural heritage in Vietnam without permission from the competent state agency of Vietnam.
4. Additional forms of administrative punishment:
Seize the proceeds obtained from the acts specified in Point a Clause 1 and Point a Clause 2 of this Article.
5. Measures to remedy consequences:
Order restoration to the original condition for the acts of archaeological excavation specified in Point a Clause 1 and Point a Clause 2; illegal excavation specified in Point a Clause 2 of this Article.
Article 25. Violations concerning declaration and surrender of discovered antiquities, ancient objects, and national treasures
1. A fine of from three million to five million dong shall be imposed for the act of failing to declare voluntarily and intentionally appropriating discovered antiquities, ancient objects, and national treasures.
2. Additional forms of punishment:
Seize the proceeds obtained from the act specified in Clause 1 of this Article.
Article 26. Violations in the library sector
1. A warning or a fine of from two hundred thousand to five hundred thousand dong shall be imposed for damaging library materials.
2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:
a) Illegally photographing library materials;
b) Failing to register library activities with the competent state agency.
3. A fine of from one million to three million dong shall be imposed for any of the following acts:
a) Swapping library materials;
b) Appropriating library materials.
4. A fine of from three million to five million dong shall be imposed for destroying library materials.
5. Measures to remedy consequences:
Order return of swapped or appropriated library materials for the act specified in Clause 3 of this Article.
Article 27. Violations concerning publication and dissemination of works abroad
1. A fine of from fifteen million to twenty million dong shall be imposed for publishing and disseminating photographic, artistic, theatrical, and musical works abroad as required by regulations to have a permit but without a permit;
2. A fine of from twenty million to twenty-five million dong shall be imposed for publishing and disseminating film works abroad as required by regulations to have a permit but without a permit.
3. A fine of from twenty-five million to thirty million dong shall be imposed for publishing and disseminating photographic, artistic, theatrical, and musical works prohibited from publication and dissemination.
4. A fine of from thirty million to forty million dong shall be imposed for publishing and disseminating film works abroad prohibited from publication and dissemination.
Section 2
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTY AND MEASURES TO REMEDY CONSEQUENCES IN THE SPORTS SECTOR
Article 28. Violation of regulations on the use of stimulants in training and sports competitions
1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using stimulants listed in the Prohibited List in training and sports competitions.
2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of covering up or organizing for athletes to use stimulants listed in the Prohibited List in training and sports competitions.
Article 29. Violation of regulations on the use of prohibited methods in training and sports competitions
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using exercises, sports disciplines, or training and competition methods that have pornographic, violent, obscene, or culturally inappropriate characteristics contrary to Vietnamese customs, traditions, and culture.
2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using exercises, sports disciplines, or training and competition methods that pose a danger to the life and health of participants in training and sports competitions, except those exercises, sports disciplines, and methods permitted by law.
3. Additional forms of punishment:
Seizure of training and competition materials, equipment, and tools shall be carried out for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 30. Violation of regulations on the rights and obligations of high-performance athletes during training and sports competitions
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 provide first aid or emergency care to athletes as prescribed;
b) Failure to provide or provide insufficient equipment and facilities for athletes as prescribed during training and sports competitions.
2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement or improperly implement special dietary regimes, remuneration, bonuses, and other benefits for athletes as prescribed.
3. Measures to remedy consequences:
Order the return of illegal profits obtained through the acts stipulated in Clause 2 of this Article.
Article 31. Violation of regulations on the rights and obligations of high-performance coaches during training and sports competitions
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failure to implement safety measures for athletes as prescribed.
2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement or improperly implement bonuses and other benefits for coaches as prescribed.
3. Measures to remedy consequences:
Order the return of illegal profits obtained through the acts stipulated in Clause 2 of this Article.
Article 32. Violation of regulations on the rights and obligations of high-performance referees
1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for dishonest and biased conduct in managing sports competitions.
2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failure to implement or improperly implement remuneration for high-performance referees as prescribed.
3. Measures to remedy consequences:
Order the return of illegal profits obtained through the acts stipulated in Clause 2 of this Article.
Article 33. Violation of regulations on the classification of athletes, coaches, and referees in high-performance sports
1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for improper classification of athletes.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for improper classification of coaches and referees.
3. Measures to remedy consequences:
The classification results shall be nullified for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 34. Violation of regulations on certificates of fitness for sports activities
A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of organizing business operations providing sports services without a certificate of fitness for sports activities.
Article 35. Violation of regulations on material conditions and operational areas of business operations providing sports services
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not having rules and regulations boards, guidance boards, flags, mooring buoys, markers;
b) Not having changing rooms, clothing storage areas, toilets, parking areas;
c) Not ensuring appropriate shape, color, flatness, slipperiness according to the regulations for each sport;
d) Not ensuring sound and lighting conditions according to the standards for each sport 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) Not ensuring the area size as prescribed for the location of organization;
b) Not ensuring the ground surface, floor surface, dimensions, depth, slope, curvature, height, roof cover according to the regulations for each sport;
c) Not ensuring water quality standards for swimming pools as prescribed;
d) Not ensuring the density standard of participants practicing according to the regulations;
đ) Not ensuring the required distance between equipment and facilities as prescribed;
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Not ensuring operational areas for sports with operational area requirements as prescribed;
b) Mooring areas for sports equipment not conforming to the planning approved by competent state authorities;
c) Not having a system to collect waste oil from vessels when participating in water sports as prescribed;
d) The entrance position of each mooring area not complying with the regulations;
đ) Not equipping communication systems from management units to operational areas as prescribed;
Article 36. Violation of regulations on equipment and means of transport for each sport in business operations providing sports services
A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:
1. Using equipment, facilities, means of transport that do not meet the requirements regarding size, design, model, power, usage capacity as prescribed;
2. Using equipment, facilities, means of transport without a Registration Certificate for Means of Transport, Safety Technical Inspection Certificate, Quality Standard Measurement Certificate as prescribed for each sport;
3. Not having a record of practitioners as prescribed;
Article 37. Violation of regulations on coaches and technical staff in business operations providing sports services
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of using technical staff who do not meet health conditions as prescribed;
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of not having or having but not enough coaches and technical staff as prescribed;
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of using coaches and technical staff without professional qualifications and certificates as prescribed;
Article 38. Violation of regulations on medical work in business operations providing sports services
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not having a first aid cabinet, medicines according to the list, first aid procedures as prescribed;
b) Not having or having but not fully equipped first aid devices as prescribed;
c) Not having a medical duty room as prescribed;
d) Not registering emergency linkage with healthcare facilities 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) Not having medical personnel as prescribed;
b) Not having medical personnel on duty when there are people participating in sports activities as prescribed;
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of using medical personnel who do not meet the conditions for sports medicine certificates issued by competent state authorities.
Article 39. Violation of regulations on ensuring safety in the operation of sports service activities
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not having or having but not fully complying with signboards, signal lights, or warning boards for dangerous areas, prohibition boards, advisory boards as prescribed;
b) Not having or having but not fully complying with life-saving devices, life jackets for water sports as prescribed;
c) Not having main parachutes, seat belts, reserve parachutes, height measuring equipment, global positioning systems, walkie-talkies, helmets, safety harness systems, communication equipment for paragliding and motorized kite flying activities as prescribed;
d) Not ensuring other conditions regarding infrastructure, equipment, and tools for safety work as prescribed.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not having dedicated staff present when there are participants in sports activities as prescribed.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Rescue personnel without a professional qualification certificate as prescribed;
b) Rescue personnel not meeting health requirements as prescribed.
Article 40. Violation of other regulations in sports activities
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts when organizing mass sports competitions:
a) Not establishing an Organizing Committee for the competition as prescribed;
b) Not having Competition Regulations as prescribed;
c) Not having an organization plan for the competition as prescribed;
d) Not reporting to competent state agencies about the organization and results of the competition as prescribed.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Fraudulently manipulating conditions regarding application forms for selection and participation in sports competitions;
b) Intentionally obstructing lawful sports activities of organizations and individuals.
3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of enticing or compelling others to fraudulently manipulate conditions regarding application forms to participate in sports activities.
4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:
a) Manipulating the results of sports competitions;
b) Insulting, verbally abusing, defaming the dignity and honor, threatening the health and life, and other inappropriate reactions contrary to ethics, customs, and cultural traditions of Vietnam towards referees during sports competitions.
5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of selecting individuals into sports teams, centers, and schools of excellence in sports while fraudulently manipulating their names, ages, and competition achievements.
6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of playing violently affecting the health of other athletes during training and sports competitions, contrary to the rules of each sport.
7. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of exploiting sports activities to infringe upon the rights and legitimate interests of other organizations and individuals.
8. Measures to remedy consequences:
a) Order the annulment of sports competition results for the act stipulated in Point a Clause 2, Point a Clause 4 of this Article;
b) Order the annulment of selection results for the act stipulated in Clause 5 of this Article.
Section 3
VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND REMEDIAL MEASURES FOR CONSEQUENCES IN THE FIELD OF TOURISM
Article 41. Violation of regulations on announcing business travel agency operations
A fine of from VND 2,000,000 to VND 6,000,000 shall be imposed for any of the following acts:
1. Not submitting a written notice to the competent state agency at the location where the enterprise's headquarters is located about the start date of business travel agency operations within 15 days from the date the enterprise officially begins operations.
2. Not submitting a written notice to the competent state agency at the location where the enterprise's headquarters is located about changes in the legal representative of the enterprise; type of enterprise; name of the enterprise; location of the enterprise's headquarters within 15 days from the date of change.
3. Not submitting a written notice to the competent state agency at the location where the enterprise's headquarters is located about changes in the person managing international travel agency operations within 30 days from the date of change.
4. Not submitting a written notice to the competent state agency at the location where the enterprise's headquarters is located and at the location of branches, representative offices, and subordinate units about the establishment and start date of operations of branches, representative offices, and subordinate units of travel agencies within 45 days from the date these units officially begin operations.
5. Not submitting a written notice to the competent state agency at the location where the enterprise's headquarters is located and at the location of branches, representative offices, and subordinate units about changes in the head; name; location of branches, representative offices, and subordinate units of travel agencies within 10 days from the date of change.
6. Not notifying the competent state agency in writing within 7 days from the date of loss or discovery of loss of the International Travel Agency Business License.
7. Not immediately notifying the competent state agency about accidents or risks occurring to tourists.
Article 42. Violations concerning travel agency operations
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Using a person to manage domestic travel business activities who has not worked for at least three years in the travel industry;
b) Using a person to manage international travel business activities who has not worked for at least four years in the travel industry;
c) A person managing travel business activities using certification documents that do not match the actual time worked to manage travel business activities;
d) A signed travel contract lacking one of the contents 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) Not having a written tour program for tourists or representatives of tourist groups as prescribed;
b) Not having a written travel contract with tourists or their representatives as prescribed;
c) Not addressing legitimate requests and complaints of tourists as prescribed;
d) Not providing guidance or relevant information related to the tour program when requested by the receiving travel agency agent;
đ) Not clearly, publicly, and truthfully informing tourists about the quantity and prices of tourism services;
e) Not implementing or improperly implementing the system for record-keeping and storing files and documents as prescribed;
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Using a tour guide with an expired Tour Guide Card or using a Domestic Tour Guide Card for foreign tourists;
b) Not properly reporting to competent state authorities as prescribed;
c) Using a tour guide without a written contract or with an incomplete basic content contract as prescribed for tour programs;
d) Altering the content of the International Travel Business License through erasing or modifying;
đ) Falsely declaring documents and materials in the application dossier for issuance or change of the International Travel Business License;
4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts;
a) Using means and equipment that do not ensure the health, safety of life and property of tourists as prescribed, except for cases specified in Clauses 2, 3, 4, and 5 of Article 48 of this Decree;
b) Not assigning or using a tour guide to guide tourists;
c) Using a person without a Tour Guide Card to guide tourists;
d) Using foreigners to guide tours in Vietnam;
đ) Not ensuring sufficient deposit money for international travel business operations as prescribed;
5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Conducting international travel business operations without at least three international tour guides;
b) Not purchasing travel insurance for Vietnamese tourists traveling abroad during the implementation of the tour program as prescribed;
c) Changing the tour program, standards, and services agreed upon without the consent of the tourists or their representatives;
d) Not applying necessary measures or coordinating with relevant agencies in rescue, emergency response, and medical assistance for tourists;
6. A fine of VND 20,000,000 to VND 25,000,000 for one of the following acts:
a) Collecting fees outside the contract from tourists;
b) Not managing the representative office's activities or the business operations of branches and subordinate units as prescribed;
c) Not managing tourists according to the signed contracts and tour programs;
d) Using forged documents and materials in the application dossier for issuance or change of the International Travel Business License;
đ) Not processing the change of the International Travel Business License as prescribed;
e) Operating under a company name, trading name, or abbreviation that does not match the registered name with competent state authorities;
7. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for any of the following acts;
a) Engaging in travel business operations after announcing suspension, cessation, or being deprived of the license by competent state authorities, or being required to suspend or cease travel business operations;
b) Organizing multi-level marketing sales of tourism services;
c) Collecting advance payments or requiring deposits to participate in the network of multi-level marketing sales of tourism services;
d) Requiring initial purchase of tourism services to join the multi-level marketing sales network of tourism services;
đ) Paying commissions, bonuses, or other economic benefits to intermediaries or participants in multi-level marketing sales of tourism services;
e) Providing false information about the benefits of participating in multi-level marketing sales networks to entice others to join;
g) Requiring payment or any fee under the guise of training courses, seminars, social activities, or similar activities to join the multi-level marketing sales network of tourism services;
8. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for engaging in travel business operations beyond the scope of business stated in the International Travel Business License;
9. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for conducting international travel business operations without an International Travel Business License or using another company's legal status, name, or International Travel Business License;
10. Revocation of the right to use the International Travel Business License for 12 to 24 months for the act of allowing other organizations or individuals to use the legal status, name, or International Travel Business License to conduct travel business operations;
11. Additional forms of punishment:
a) Revocation of the right to use the International Travel Business License for 6 to 12 months for the acts stipulated in Point d Clause 1, Point đ Clause 3, Points d and đ Clause 4, Points a and c Clause 5, Points c and d Clause 6 of this Article;
b) Revocation of the right to use the International Travel Business License for 12 to 18 months for the act stipulated in Clause 8 of this Article;
12. Measures to remedy consequences:
Compel the return of illegal profits obtained from the acts stipulated in Point a Clause 6, Points a, b, c, d, đ, and g Clause 7, Clauses 8, 9, and 10 of this Article.
Article 43. Violations concerning travel agency brokerage operations
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Failing to notify in writing the competent state authority about the start date of travel agency brokerage operations within fifteen days from the start of such operations;
b) Failing to notify in writing the competent state authority about changes in the legal representative; name, and address of the travel agency within fifteen days from the date of change;
c) Not clearly, publicly, and truthfully informing tourists about the quantity and prices of tourism services provided by the principal travel agency;
d) Operating at a location different from that registered with the competent state authority.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Altering or modifying the content of the tour program of the principal travel agency;
b) Selling tour programs at a higher price than that set by the principal travel agency;
c) Engaging in travel agency brokerage without registration for travel agency brokerage operations;
d) Conducting travel agency brokerage operations without a written travel agency brokerage contract with a travel business enterprise.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Engaging in travel agency brokerage for international travel agencies without a business license to sell tour programs to international tourists or Vietnamese tourists traveling abroad;
b) Continuing to operate travel agency brokerage operations after the competent state authority has revoked the certificate of registration for travel agency brokerage operations.
4. Measures to remedy consequences:
Order the return of illegal profits obtained through the acts specified in Points b, c, and d, Clause 2 and Clause 3 of this Article.
Article 44. Violations concerning tour guide activities
1. Warning or imposing a fine of VND 200,000 to VND 500,000 on tour guides and tour narrators who fail to wear their identification cards or certificates while practicing their profession.
2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:
a) Narrating inaccurately the content introduced at tourist sites;
b) Failing to carry the tour program and assignment documents issued by the travel business enterprise while practicing their profession;
c) Failing to guide tourists to comply with Vietnamese laws, regulations, and local customs and traditions at tourist destinations;
d) Failing to provide full information about the itinerary and tour program to group representatives or individual tourists.
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 having a written labor contract with a travel business enterprise while practicing their profession;
b) Failing to inform and guide tourists on safety measures for their lives, health, and property during the implementation of the tour program;
c) Allowing others to use the Tour Guide Card or the Tour Narrator Certificate;
d) Using another person's Tour Guide Card or Tour Narrator Certificate;
đ) Using an expired Tour Guide Card;
e) Falsely declaring or forging documents in the application, renewal, or replacement of the Tour Guide Card or Tour Narrator Certificate;
g) Failing to promptly inform tourists about emergencies, epidemics, and potential dangers that may harm them.
4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Altering or modifying the content of the Tour Guide Card or Tour Narrator Certificate;
b) Using an internal Tour Guide Card to guide foreign tourists;
c) Narrating at tourist sites without a Tour Narrator Certificate as required;
d) Guiding tourists without a Tour Guide Card as required;
đ) Using a fake Tour Guide Card or a fake Tour Narrator Certificate;
e) Unilaterally changing the tour program or reducing service standards for tourists.
5. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Failing to manage tourists according to the contract or program registered by the travel agency;
b) Collecting money outside the contract from tourists;
c) Misrepresenting the cultural, historical, national, and human values of Vietnam, adversely affecting its image, customs, and cultural traditions.
6. A fine of VND 15,000,000 to VND 20,000,000 for any of the following acts:
a) Bringing tourists to restricted areas;
b) Foreigners engaging in tour guiding activities in Vietnam.
7. Additional forms of administrative sanction:
a) Revoking the right to use the Tour Guide Card for three to six months for the acts specified in Point b and Point c, Clause 5 of this Article;
b) Revoking the right to use the Tour Guide Card for six to twelve months for the acts specified in Point c, Clause 3, Point a and Point b, Clause 4 of this Article;
c) Revoking the right to use the Tour Narrator Certificate for six to twelve months for the acts specified in Point c and Point d, Clause 3, and Point a, Clause 4 of this Article;
d) Seizing the items involved in the violation for the acts specified in Points d and đ, Clause 3 of this Article.
8. Measures to remedy consequences:
Order the return of illegal profits obtained through the act specified in Point b, Clause 5 of this Article.
Article 45. Violations concerning tourism accommodation business regulations
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not notifying in writing to the competent state agency where the tourism accommodation facility is located about the start date of its operation within fifteen days from the official commencement of the facility's operation;
b) Not notifying in writing to the competent state agency about changes in the head of the facility or the name of the tourism accommodation facility within fifteen days from the date of such change;
c) Not notifying in writing to the competent state agency about the application of additional charges for telecommunications services at the tourism accommodation facility that has been rated within fifteen days from the date of implementation;
d) Not complying with the reporting regime 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) Not complying with the regulations on signage and classification of tourism accommodation facilities;
b) Not displaying the classification sign of the tourism accommodation facility after it has been rated;
c) Not promulgating and posting the internal rules and regulations of the tourism accommodation facility;
d) Not clearly and publicly informing tourists about the quantity, quality, and pricing of services and goods;
đ) Not hanging the Decision recognizing the classification of the tourism accommodation facility in a visible location at the reception desk;
e) Not implementing or not properly implementing the system for establishing and storing records and documents regarding the business operations of the tourism accommodation facility as prescribed;
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Not ensuring the number and area of sleeping rooms according to the standards corresponding to each type and classification of tourism accommodation facilities as prescribed;
b) Not ensuring the standards for parking areas and internal traffic, and the lobby area as prescribed;
c) Not ensuring the number and standards of restaurants and bars as prescribed;
d) Not ensuring the standards for kitchen areas as prescribed;
đ) Not ensuring the number and standards of conference, seminar, and meeting rooms as prescribed;
e) Not ensuring the standards for other equipment and amenities as prescribed;
g) Not ensuring service standards as prescribed;
h) Not ensuring the professional qualifications and language proficiency of managers and service staff as prescribed;
i) Not promptly informing tourists about emergency situations, epidemics, and potential dangers that could harm tourists;
4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Not registering with the competent state agency for assessment and classification of the tourism accommodation facility within three months from the official commencement of its business operations;
b) Not registering with the competent state agency for reassessment and re-recognition of the classification of the tourism accommodation facility before three months from the expiration of the recognition period;
c) Not supplementing equipment, infrastructure, services, and professional qualifications and language proficiency of managers and service staff corresponding to the classification standards as required by the competent state agency;
5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Using means and equipment that do not ensure the health, safety of life and property of tourists as prescribed;
b) Using star images attached to the tourism accommodation facility or on publications, advertising signs, signs, and equipment used in the facility without being recognized or not matching the recognized classification of the tourism accommodation facility;
c) Not taking necessary measures or coordinating with relevant agencies in rescue, relief, and first aid for tourists at the tourism accommodation facility;
6. A fine of VND 20,000,000 to VND 25,000,000 for one of the following acts:
a) Using the name of the tourism accommodation facility, trade name, or abbreviation that does not match the registered name of the tourism accommodation facility with the competent state agency;
b) Collecting money outside the contract from tourists;
c) Charging fees for services not in accordance with regulations;
7. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for conducting tourism accommodation business activities after having notified of temporary suspension, termination, or being ordered by the competent state agency to cease business operations;
8. The provisions from Clause 1 to Clause 7 of this Article also apply to guesthouses and lodges of state agencies engaged in tourism accommodation business;
9. Additional forms of punishment:
Revocation of the right to use the Decision recognizing the classification of the tourism accommodation facility for six to twelve months for violations specified in points a, b, c, d, đ, e, g, and h of Clause 3 of this Article;
10. Measures to address consequences:
Compelling the return of unlawful profits obtained through the implementation of the acts specified in Point b and Point c of Clause 6 of this Article.
Article 46. Violation of regulations on trading goods and services subject to conditions in tourist accommodation facilities
A fine of from five million dong to ten million dong shall be imposed for the act of trading goods and services subject to conditions in tourist accommodation facilities that have been rated but not registered in writing with the competent state agency.
Article 47. Violation of regulations on tourism promotion activities
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Using promotional and advertising products for tourism with content not consistent with the national tourism database that has been published;
b) Using promotional and advertising products for tourism without or with incorrect common titles and symbols prescribed by the competent state agency;
c) Using promotional and advertising products for Vietnam's tourism that do not correctly reflect images, country, and people of Vietnam.
2. A fine of from ten million dong to fifteen million dong shall be imposed for the act of taking advantage of tourism promotion activities to harm the national interests, rights, and legitimate benefits of other organizations and individuals.
3. Measures to remedy consequences:
Order the destruction of evidence of violation for the act stipulated in Clause 1 of this Article.
Article 48. Other violations concerning tourism business activities
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Forcing tourists to purchase goods and services;
b) Not implementing the reporting system for transporting tourists and protecting the tourism environment for the competent state agency as prescribed.
2. A fine of from one million dong to two million dong shall be imposed for the act of using passenger cars under nine seats that do not meet the interior, convenience, and equipment requirements as prescribed to transport tourists.
3. A fine of from two million dong to three million dong shall be imposed for the act of using passenger cars from nine seats to twenty-four seats that do not meet the interior, convenience, and equipment requirements as prescribed to transport tourists.
4. A fine of from three million dong to four million dong shall be imposed for the act of using passenger cars twenty-four seats and above that do not meet the interior, convenience, and equipment requirements as prescribed to transport tourists.
5. A fine of from four million dong to five million dong shall be imposed for the act of using specialized vehicles (caravans) or double-decker buses that do not meet the interior, convenience, and equipment requirements as prescribed to transport tourists.
6. A fine of from three million dong to five million dong shall be imposed for any of the following acts:
a) Not conducting waste sorting in tourist accommodation facilities, tourist areas, or tourist sites as prescribed;
b) Not arranging staff to monitor and manage environmental protection work corresponding to each type and category of tourist accommodation facilities as prescribed;
c) Not affixing signs indicating vehicles meeting the standards for serving tourists as prescribed;
d) Using drivers, crew members, or personnel on transportation vehicles for tourists who do not have training certificates in tourism operations.
7. A fine of from five million dong to ten million dong shall be imposed for any of the following acts:
a) Using fake signs for vehicles serving tourists;
b) Not ensuring the quality of physical infrastructure, equipment, and services in sleeping cabins or rooms on inland waterway vessels as prescribed.
Section 4
VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF CULTURE, SPORTS AND TOURISM FOR PERSONS WITH DISABILITIES AND ELDERLY PERSONS
Article 49. Violations concerning cultural, sports, and tourism activities for persons with disabilities and the elderly
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of refusing to provide services and equipment for persons with disabilities and the elderly participating in cultural, sports, and tourism activities.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of not implementing free or discounted ticket prices and service fees for persons with disabilities and the elderly when participating in cultural, sports, and tourism activities as prescribed.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of refusing to allow persons with disabilities and the elderly to participate in cultural and sports activities for persons with disabilities and the elderly when they meet the necessary conditions.
4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of providing services and equipment that do not ensure safety for persons with disabilities and the elderly when participating in cultural, sports, and tourism activities.
Chapter III
ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF ADVERTISING
Section 1
VIOLATIONS OF ADMINISTRATIVE PROVISIONS, FORMS OF ADMINISTRATIVE PENALTIES AND MEASURES TO REMEDY CONSEQUENCES REGARDING GENERAL PROVISIONS IN THE FIELD OF ADVERTISING
Article 50. Violations concerning advertising of products, goods, and services prohibited from being advertised
1. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following acts:
a) Advertising tobacco products;
b) Advertising alcohol with an alcohol content of 15 degrees or higher;
c) Advertising substitute infant formula for children under 24 months old, supplementary nutrition for infants under six months old, baby bottles, and artificial nipples;
d) Advertising prescription drugs; non-prescription drugs but recommended by competent state authorities to be used with caution or under medical supervision;
đ) Advertising other products, goods, and services prohibited from being advertised.
2. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed on one of the following acts:
a) Advertising goods and services prohibited from being traded according to regulations;
b) Advertising products and goods with stimulating properties;
c) Advertising hunting rifles and ammunition, sports weapons, and products and goods that incite violence.
3. Measures to remedy consequences:
Forced removal, dismantling, or deletion of advertisements for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 51. Violations concerning prohibited acts in advertising activities
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of hanging, placing, pasting, or painting advertisements on utility poles, power poles, traffic signal posts, and public greenery trees.
2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:
a) Advertising using the terms "best," "only," "top," "number one," or similar terms without lawful documentation to prove as prescribed;
b) Advertising that affects aesthetics, traffic safety, and social safety, except for cases stipulated in Clause 1 of this Article, Point a Clause 2 Article 63, Clause 3 Article 66 of this Decree;
c) Advertising that discriminates against ethnic groups, promotes racial discrimination; infringes upon freedom of belief and religion; promotes gender stereotypes; promotes stereotypes about persons with disabilities;
d) Coercing organizations, institutions, or individuals to implement advertisements or accept advertisements against their will.
3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:
a) Advertising products, goods, and services that violate intellectual property rights as prescribed;
b) Advertising that uses images, speech, or writing of individuals without their consent, except where permitted by law;
4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:
a) Using advertisements to defame the reputation of organizations, the dignity, and personal integrity of individuals;
b) Advertising containing direct comparisons regarding prices, quality, and effectiveness of products, goods, and services with those of other organizations or individuals;
c) Advertising containing content that creates thoughts, speech, or actions contrary to morality, customs, and traditions for children; adversely affecting their health, safety, or normal development;
d) Advertising containing content contrary to Vietnam's historical traditions, culture, ethics, and customs.
5. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on one of the following acts:
a) Advertising that is false, does not comply with specifications, quality, efficacy, brand name, style, type, packaging, origin, geographical indication, service method, usage period, storage period, warranty period of goods and services, except for cases stipulated in Point d Clause 3 Article 68, Point c Clause 3 Article 69, Point a Clause 2 Article 72, Point b Clause 1 Article 75, and Clause 1 Article 78 of this Decree;
b) Advertising that deceives and confuses the public, consumers, and customers about organizations, individuals, products, goods, and services advertised with other organizations, individuals, products, goods, and services, or deceives and confuses about the features and effects of advertised products, goods, and services, except for cases stipulated in Clause 4 Article 68, Point a Clause 3 Article 69, and Clause 4 Article 70 of this Decree;
c) Advertising that causes damage to producers, traders, and recipients of advertisements;
d) Using images of the map of Vietnam in advertisements without fully representing national sovereignty;
đ) Using images of Vietnamese currency in advertisements.
6. A fine of from VND 70,000,000 to VND 90,000,000 shall be imposed on one of the following acts:
a) Advertising that discloses state secrets;
b) Advertising that adversely affects respect for the National Flag, National Emblem, National Anthem, Party Flag, except for cases stipulated in Point b Clause 2 Article 63 of this Decree;
c) Advertising that adversely affects respect for national heroes, cultural celebrities, party leaders, and state leaders, except for cases stipulated in Point b Clause 2 Article 63 of this Decree.
7. Measures to remedy consequences:
a) Forced removal, dismantling, or deletion of advertisements for the acts stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article;
b) Forced apology to organizations and individuals for the acts stipulated in Point a Clause 4 of this Article;
c) Forced correction of information for the acts stipulated in Points a and b Clause 5 of this Article.
Article 52. Violations of provisions on language and writing in advertisements
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Advertising products, goods, services that are not expressed in Vietnamese, except for trademarks, slogans, brands, personal names in foreign languages; internationalized terms that cannot be replaced by Vietnamese; books, newspapers, online information pages, and publications permitted to be published in ethnic minority languages of Vietnam, or in foreign languages; radio and television programs in ethnic minority languages of Vietnam, or in foreign languages;
b) Advertising products, goods, services where the size of foreign text exceeds three-quarters of the size of Vietnamese text and is not placed below the Vietnamese text when both Vietnamese and foreign languages are used on the same advertisement, except in cases specified in Points a, b, c, and d Clause 2 Article 66 of this Decree;
c) Advertising products, goods, services where Vietnamese is not read before foreign languages when both Vietnamese and foreign languages are used on the same product advertisement when broadcast on radio, television, or audiovisual media, except in cases specified in Point a Clause 2 Article 68, Clause 2 Article 69, and Clause 1 Article 70 of this Decree.
2. Measures to remedy consequences:
Order the removal, dismantling, or deletion of advertisements for violations stipulated in Clause 1 of this Article.
Article 53. Violations of conditions for advertising
1. Imposing a fine of from 10,000,000 VND to 15,000,000 VND for any of the following acts:
a) Not having documentation proving compliance with standards and regulations as required when advertising certain types of products, goods, services, except in cases specified in Point d Clause 3 Article 68, Point b Clause 3 Article 69, and Point a Clause 2 Article 70 of this Decree;
b) Not having a Certificate of Ownership or Right to Use as required when advertising assets.
2. Measures to remedy consequences:
Order the removal, dismantling, or deletion of advertisements for violations stipulated in Clause 1 of this Article.
Article 54. Violations of provisions on hiring businesses to provide advertising services
Imposing a fine of from 30,000,000 VND to 50,000,000 VND for advertising products, goods, services, and activities of organizations and individuals from abroad who are not operating in Vietnam without hiring a Vietnamese business to provide advertising services.
Section 2
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO MITIGATE CONSEQUENCES IN THE FIELD OF ADVERTISING ON PRINT MEDIA, ELECTRONIC PUBLICATIONS, ELECTRONIC MEDIA DEVICES AND OTHER TELECOMMUNICATION EQUIPMENT
Article 55. Violations of provisions on advertising on electronic newspapers and online information pages
1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Not reporting as required the name, address, organization, or individual conducting Vietnamese advertising services for the owner of the online information page of foreign organizations or individuals providing cross-border advertising services;
b) Not reporting as required the activities of Vietnamese organizations or individuals conducting advertising services for the owner of the online information page of foreign organizations or individuals providing cross-border advertising services.
2. Imposing a fine of from 5,000,000 VND to 10,000,000 VND for designing or arranging advertisements to blend into the content section.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Not designing so that readers can actively turn off or on non-fixed area advertisements;
b) The waiting time to turn off or on non-fixed area advertisements exceeds 1.5 seconds.
4. Measures to remedy consequences:
Order the removal of advertisements for violations stipulated in Clause 2 of this Article.
Article 56. Violations concerning advertising on electronic media, terminal devices, and other telecommunication devices
1. Imposing a fine of from 10,000,000 VND to 15,000,000 VND for any of the following acts:
a) Sending emails or messages to provide information about products or services without the recipient's consent.
b) Advertising through sending messages or emails without prior consent from the recipient.
c) Sending emails or messages for advertising purposes where the information allowing the recipient to refuse does not meet the required conditions and does not ensure the recipient's ability to refuse advertisements.
d) Sending emails or messages for advertising purposes that do not fully contain the sender's information or service provider information as prescribed.
đ) Continuing to send advertising messages or emails after the recipient has notified their refusal to receive such advertisements.
e) Charging fees for the recipient's notification to refuse advertisements.
2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on service providers for any of the following advertising behaviors:
a) Sending advertising messages to mobile phones after 10 PM until before 7 AM the next day.
b) Sending more than three advertising messages to a single phone number or more than three emails to a single email address within 24 hours, except in cases where there is a different agreement with the recipient.
3. Measures to remedy consequences:
Order to return all illegal profits obtained from implementing the behavior stipulated in Point e Clause 1 of this Article.
Article 57. Violations concerning advertising in printed newspapers
||| 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 advertising supplements without notifying in writing the competent state agency as prescribed.
b) Advertising supplements not having separate numbering; not being the same size as the main newspaper page; not being issued together with the main newspaper page.
c) Advertising in news bulletins.
2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of advertising on the cover of magazines or the first page of newspapers.
3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:
a) Exceeding the prescribed area for advertising in one issue of a newspaper or magazine, except for specialized advertising newspapers or magazines.
b) Not distinguishing advertising from other contents.
c) Not displaying the name of the newspaper; the name and address of the press agency; the phrase "Advertising supplement not included in the price" on the first page of the advertising supplement.
Article 58. Violations concerning advertising on radio and television broadcasts
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of advertising on radio or television broadcasts without distinguishing advertising content from other contents.
2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on any of the following acts:
a) Advertising products using scrolling text or moving image sequences where the advertised product is not placed immediately below the screen or exceeds 10% of the screen height and interferes with the main content of the program.
b) Advertising sanitary pads, condoms, skin disease medications, deworming solutions, feminine hygiene solutions, and similar products on radio or television stations during the period from 6 PM to 8 PM daily.
3. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed on any of the following acts:
a) Advertising exceeding 10% of the total broadcast time of a broadcasting organization in a day that is not a dedicated channel or program for advertising.
b) Advertising during news programs.
c) Advertising during live broadcasts of special political events or national holidays.
d) Advertising more than twice in each episode of a TV drama series.
đ) Advertising more than four times in each entertainment program on radio or television.
e) Advertising for more than five minutes in each episode of a TV drama series or entertainment program on radio or television.
g) Advertising on pay television exceeding 5% of the total broadcast time of a broadcasting organization in a day that is not a dedicated channel or program for advertising.
4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed on the act of issuing a dedicated channel or program for advertising without a permit from the competent state agency.
5. Measures to remedy consequences:
Order to return all illegal profits obtained from implementing the behaviors stipulated in Clauses 1, 2, 3, and 4 of this Article.
Article 59. Violation of regulations on advertising on printed products
1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of advertising without indicating the name, address, advertising service provider organization or individual, quantity printed, place of printing on paintings, photographs, posters, catalogs, loose sheets, folded sheets, and other printed products that are not publications, except for cases provided for in Clause 2 and Clause 4 of this Article.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Placing trademarks, logos, brand names of advertisers in violation of regulations;
b) Advertising exceeding the prescribed area on paintings, photographs, posters, catalogs, loose sheets, folded sheets containing content promoting, publicizing political, economic, cultural, social, scientific, technological, literary, and artistic matters;
c) Advertising exceeding the prescribed area on block calendars;
d) Advertising on block calendars printed with national holidays and significant commemorative days.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Advertising mixed into the content or interrupting the content of electronic publications;
b) Advertising on the second, third, and fourth covers of books and materials in book form, except for advertising about authors, works, publishers, and specialized advertising books;
c) Advertising on the first cover of books and materials in book form, except for specialized advertising books;
d) Advertising authors, works, publishers or trademarks, logos, brand names, goods, services, and activities on non-commercial materials that are not owned by the organization or individual publishing such materials.
4. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on the act of advertising on printed products that are valuable papers, certificates, and state management documents.
5. Measures to remedy consequences:
The violative objects shall be ordered to be destroyed in accordance with the provisions of Clause 4 of this Article.
Section 3
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF ADVERTISING ON ADVERTISING MEDIA
Article 60. Violation of regulations on advertising on billboards, banners, dedicated advertising screens
1. A fine of VND 1,000,000 to VND 2,000,000 for one of the following acts:
a) Hanging, setting up, placing, attaching each billboard, banner at a location not in accordance with the planning or approved by the competent state agency;
b) Not clearly indicating the name and address of the advertising service provider on each billboard, banner, except for cases provided for in Point b Clause 2 of Article 68 of this Decree;
c) Not reporting or reporting incorrectly the content of the advertisement on the billboard, banner to the competent state agency where the advertisement is implemented.
2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:
a) Exceeding the prescribed area of the billboard, banner at a location planned or approved by the competent state agency;
b) Not removing the billboard, banner after the expiration date indicated in the report;
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Placing trademarks, logos, brand names of advertisers in violation of the prescribed position on billboards, banners containing content promoting, publicizing political, political-social matters;
b) Displaying logos, brand names of goods exceeding the prescribed area on billboards, banners containing content promoting, publicizing political, political-social matters;
c) Advertising on billboards, banners not complying with the regulations on protected areas of historical-cultural relics; traffic safety corridors, dykes, national power grids; obstructing traffic signals; hanging across roads, public signboards;
d) Modifying the advertised content already reported to the competent state agency;
đ) Using forged documents in the notification file for advertising products on billboards, banners.
4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of using sound in outdoor dedicated advertising screens.
5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of constructing outdoor dedicated advertising screens with a single face area of 20 square meters or more without a construction permit for advertising facilities.
6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of constructing signage, billboards with a single face area over 20 square meters with metal frame structures or similar building materials attached to existing buildings without a construction permit for advertising facilities.
7. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of constructing independent standing billboards with a single face area of 40 square meters or more without a construction permit for advertising facilities.
8. Measures to remedy consequences:
a) Order the removal of advertisements for acts stipulated in Clauses 1, 2, 3, and 4 of this Article;
b) Order restoration to the original condition for the act stipulated in Clause 6 of this Article;
c) Order the demolition of the structure for the acts stipulated in Clause 5 and Clause 7 of this Article.
Article 61. Violation of advertising regulations on transportation means
1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Advertising on the front, back, and roof of a transportation means;
b) Advertising exceeding the permitted area for each side of a transportation means as prescribed.
2. Measures to remedy consequences:
Order the removal or deletion of advertisements for the acts stipulated in Clause 1 of this Article.
Article 62. Violation of advertising regulations using loudspeakers and similar methods
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Advertising using loudspeakers and similar methods exceeding the permissible noise level as prescribed;
b) Advertising using loudspeakers and similar methods at the headquarters of agencies, military units, schools, and hospitals;
c) Advertising using loudspeakers and similar methods on radio systems serving political tasks of communes, wards, and towns.
2. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for advertising using loudspeakers and other similar methods attached to transportation means and mobile devices within the inner city or town areas of cities and towns.
Article 63. Violation of advertising regulations during cultural, sports, and tourism programs and 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) Hanging, placing, pasting, or erecting advertisements at the same height or higher than the emblem, logo, or name of cultural, sports, and tourism programs;
b) Displaying on advertisements with the size of characters exceeding half the size of the characters of the name of cultural, sports, and tourism programs.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Advertising in areas of the stage that do not ensure aesthetics and obstruct the view of spectators;
b) Advertising in stadiums, gymnasiums, and locations of cultural, sports, and tourism activities that obstruct the National Flag, National Emblem, images of Leaders, technical guidance boards;
c) Advertising in stadiums, gymnasiums that hinder athletes' training, competition, performance, coaches' instructions, organizing committee's duties, referees', guides', medical staff's, and service personnel's tasks.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Advertising impersonating artists, art troupes; advertising not conforming to the content recorded in the performance permit;
b) Using images of athletes during criminal prosecution for advertising;
c) Advertising prohibited sports;
d) Advertising prohibited training methods;
đ) Advertising contrary to the charter and competition rules of each sport.
4. Measures to remedy consequences:
Order the removal, dismantling, or deletion of advertisements for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Article 64. Violation of regulations on organizing groups of people for advertising
1. Imposing a fine of from VND 1,000,000 to VND 3,000,000 for failing to report the content, form of advertising products, number of participants in the group of people for advertising; time and route of the group of people for advertising to competent state authorities as prescribed.
2. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for advertising by a group of people for advertising not conforming to the notification sent to competent state authorities.
Article 65. Violation of advertising regulations in film tapes, discs, audio, video recordings
Imposing a fine of from VND 10,000,000 to VND 15,000,000 for advertising in film tapes, discs, audio, video recordings of music and dance, stage performances, audio, video recordings containing content replacing books or illustrating books with a duration exceeding the total duration of the program content as prescribed.
Article 66. Violation of regulations on signs
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Not fully displaying on the sign the name of the direct managing agency; the name of the production and business establishment according to the Business Registration Certificate; address, telephone number;
b) Using a sign with incorrect dimensions as prescribed, except for cases provided for in Point g Clause 2 of this Article.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Recording incorrectly or incompletely the Vietnamese name on the sign;
b) Writing only in foreign language instead of Vietnamese on the sign;
c) Displaying a personal name, abbreviation, international trade name in a foreign language above the Vietnamese name on the sign;
d) Displaying a name, abbreviation, international trade name in a foreign language with font size exceeding three-quarters of the Vietnamese font size on the sign;
đ) Operating without a sign;
e) Advertising goods mixed with the sign;
g) The height of the vertical sign exceeds the height of the floor where the sign is placed.
3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:
a) Hanging, erecting, placing, attaching a sign that obstructs escape space, firefighting;
b) Hanging, erecting, placing, attaching a sign that overhangs the sidewalk, road surface, affecting public traffic;
c) Hanging, erecting, placing, attaching a sign that detracts from aesthetics.
4. Measures to remedy consequences:
Order removal of the sign for violations stipulated in Clauses 1, 2, and 3 of this Article.
Section 4
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF ADVERTISING FOR SPECIAL PRODUCTS, GOODS, SERVICES
Article 67. Violations of regulations on confirmation of advertising content for special products, goods, services
1. Fine from VND 5,000,000 to VND 10,000,000 for advertising special products, goods, services without prior confirmation of content by competent state agencies before conducting the advertisement as prescribed.
2. Measures to remedy consequences:
Order the removal, dismantling, or deletion of advertisements for violations stipulated in Clause 1 of this Article.
Article 68. Violations of regulations on advertising drugs
1. Fine from VND 1,000,000 to VND 3,000,000 for failing to send a notification letter along with the receipt and content of the advertisement to the competent state agency when advertising drugs on radio stations, local radio-television stations.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Not clearly stating the drug name, active ingredient, and warning "Read the instructions carefully before use" in drug advertisements on radio and television;
b) Not fully displaying the drug name; active ingredient; name and address of the organization or individual responsible for bringing the product to market and warning "Read the instructions carefully before use" in outdoor drug advertisements.
||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:
a) Advertising drugs not in accordance with the registered content at the competent state agency; advertising drugs during the period of examination and resolution of the application file as prescribed; advertising drugs based on promotional information materials whose validity has expired; advertising drugs before submitting the drug advertisement registration file to the competent state agency;
b) Advertising drugs without a registration number or with an expired registration number;
c) Advertising drugs with content inconsistent with the Drug Circulation Permit in Vietnam or the Drug Usage Guide approved by the competent state agency or the monograph on the type of drug recorded in the National Pharmacopoeia or recognized by the authorized agency of the producing country;
d) Advertising drugs lacking one of the following documents: drug name; active ingredient; indications, excluding therapeutic indications for tuberculosis, leprosy, sexually transmitted diseases, cancer, tumors, diabetes, or similar metabolic disorders, chronic insomnia, and stimulant indications; contraindications or warnings for special groups such as pregnant women, nursing mothers, elderly people, children, patients with chronic diseases; name and address of the organization or individual responsible for bringing the product to market; warning "Read the instructions carefully before use".
4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:
a) Advertising health supplements and non-drug products with unclear content leading to confusion about the product being a drug;
b) Exploiting the form of a doctor guiding disease prevention, treatment methods, or drug usage through articles in newspapers, radio programs, television shows to advertise drugs;
c) Advertising drugs using one of the following information or images: patient images; unverified or evaluated diagrams of drug effects; images or names of doctors to introduce drugs.
5. Measures to remedy consequences:
a) Order correction of information for violations stipulated in Points a, c, and d Clause 3, Clause 4 of this Article;
b) Order removal, dismantling, or deletion of advertisements for violations stipulated in Point b Clause 2, Clause 3, and Clause 4 of this Article.
Article 69. Violations of regulations on cosmetic advertising
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of advertising cosmetics that have been accepted by the competent state agency but fail to notify the competent state agency at the place of advertisement when advertising in another locality.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not clearly stating the name of the cosmetic, the name and address of the organization or individual responsible for bringing the product to market, and the warnings as prescribed when advertising on radio or television.
||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:
a) Advertising cosmetics in such a way as to cause misunderstanding that the product is a drug;
b) Advertising cosmetics with content that does not comply with one of the prescribed documents;
c) Advertising cosmetics lacking one of the following contents: the name of the cosmetic; the main functions and effects of the cosmetic, except where these functions and effects are already reflected in the product's name; the name and address of the organization or individual responsible for bringing the product to market; the prescribed warnings.
4. Measures to remedy consequences:
a) Order correction of information for the acts stipulated in Clause 3 of this Article;
b) Order removal, dismantling, or deletion of advertisements for the acts stipulated in Clause 3 of this Article.
Article 70. Violations of regulations on food and food additive advertising
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not clearly stating the warning "This product is not a medicine and does not replace medicinal treatment" when advertising functional foods on radio or television.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Advertising food and food additives that do not comply with one of the prescribed documents;
b) Advertising food and food additives lacking one of the following contents: the name of the food or food additive; the primary and secondary effects of functional foods; the name and address of the organization or individual responsible for bringing the product to market;
c) Organizing trade fairs, seminars, conferences, exhibitions that distribute or present printed materials, audio recordings, video recordings, data storage devices introducing food and food additives that do not match the declaration of conformity or the declaration of compliance with food safety regulations or the registration confirmation of advertising content.
3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of organizing trade fairs, seminars, conferences, exhibitions that distribute or present printed materials, audio recordings, video recordings, data storage devices introducing food and food additives whose content has not been confirmed by the competent state agency as prescribed.
4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Advertising food under the guise of articles written by doctors, pharmacists, healthcare personnel with content describing food as having therapeutic effects; using images, reputation, letters from healthcare units, healthcare personnel, patient thank-you letters to advertise food;
b) Advertising functional foods causing misunderstanding that they have medicinal therapeutic effects.
5. Measures to remedy consequences:
a) Order correction of information for the acts stipulated at Point a and Point b of Clause 2 and Clause 4 of this Article;
b) Order removal, dismantling, or deletion of advertisements for the acts stipulated at Point a and Point b of Clause 2 and Clause 4 of this Article;
c) Order confiscation and destruction of evidence of violation for the acts stipulated at Point c of Clause 2 and Clause 3 of this Article.
Article 71. Violations of regulations on advertising chemicals, insecticides, and bactericides for household and medical use
1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for advertising chemicals, insecticides, and bactericides for household and medical use with content not consistent with the Registration Certificate for Circulation issued by the competent state agency.
2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for advertising chemicals, insecticides, and bactericides for household and medical use lacking any of the following contents:
a) The name of the chemical, insecticide, or bactericide for household and medical use;
b) The name and address of the organization or individual responsible for bringing the product to market;
c) Functionality and utility;
d) Warning: "Read the instructions carefully before use" or "Limit the scope of use for products containing chemicals listed in the Restricted Use List".
3. Measures to remedy consequences:
Forced removal, dismantling, or deletion of advertisements for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 72. Violations of regulations on advertising medical devices
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Advertising medical devices inconsistent with the Free Circulation Registration Certificate or Import Permit issued by the competent state agency;
b) Failing to promptly inform the competent state agency and customers about related warnings concerning incidents or unintended effects of medical devices.
2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:
a) Advertising that does not accurately reflect the functionality and effects of medical devices;
b) Concealing information from the competent state agency and customers about related warnings concerning incidents or unintended effects of medical devices;
c) Advertising that lacks the name, type, manufacturer, country of manufacture of the medical device, or the name and address of the organization or individual responsible for bringing the product to market and the organization or individual responsible for warranty of the product.
3. Measures to remedy consequences:
a) Order correction of information for violations specified in Point a and Point c Clause 2 of this Article;
b) Order removal, dismantling, or deletion of advertisements for violations specified in Clause 1 and Clause 2 of this Article.
Article 73. Violations of regulations on advertising milk and nutritional products for children
1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for advertising milk and nutritional products for children with content not consistent with the Acceptance Notice of Compliance Declaration or Confirmation of Compliance with Food Safety Regulations.
2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for advertising milk and nutritional products for children lacking any of the following contents:
a) The name of the product;
b) The name and address of the organization or individual responsible for bringing the product to market.
3. Measures to remedy consequences:
a) Order correction of information for violations specified in Clause 1 and Clause 2 of this Article;
b) Order removal, dismantling, or deletion of advertisements for violations specified in Clause 1 and Clause 2 of this Article.
Article 74. Violations of regulations on advertising medical examination and treatment services
1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for advertising medical examination and treatment services that are incorrect or exceed the scope of specialty as recorded in the Medical Examination and Treatment Service Operation Permit or Medical Practice Certificate.
2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for advertising medical examination and treatment services lacking content regarding the scope of specialty operation as recorded in the Medical Examination and Treatment Service Operation Permit.
3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for advertising or brokering the purchase or sale of human body parts.
4. Measures to remedy consequences:
Order the removal, dismantling, or deletion of advertisements for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Article 75. Violation of regulations on advertising plant seeds and animal breeds
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Advertising plant seeds and animal breeds not included in the List of Plant Seeds and Animal Breeds Permitted for Production and Trade or not officially recognized;
b) Advertising inaccurately or causing confusion about the business capabilities of organizations or individuals engaged in seed business regarding quantity, quality, price, utility, packaging, brand, origin, type, warranty period of plant seeds.
2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the acts stipulated in Clause 1 of this Article concerning major plant seeds.
3. Measures to remedy consequences:
Forced removal, dismantling, or deletion of advertisements for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 76. Violation of regulations on advertising plant protection chemicals
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Advertising plant protection chemicals not consistent with the contents recorded in the Registration Certificate for Plant Protection Chemicals.
b) Advertising beneficial organisms used in plant protection not in accordance with the Plant Quarantine Permit.
2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:
a) Advertising chemicals not included in the List of Plant Protection Chemicals Permitted for Use in Vietnam;
b) Advertising chemicals in the List of Restricted Plant Protection Chemicals in Vietnam;
c) Advertising plant protection chemicals and beneficial organisms used in plant protection lacking any of the following contents: product name; name and address of the organization or individual responsible for bringing the product to market; features, effects, and precautions for use and storage.
3. A fine of from 25,000,000 VND to 40,000,000 VND shall be imposed for advertising plant protection chemicals prohibited for use in Vietnam.
4. Measures to remedy consequences:
a) Compelling correction of information for the act stipulated in Clause 1 of this Article;
b) Compelling removal, dismantling, or deletion of advertisements for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Article 77. Violation of regulations on advertising veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine, products for treatment and improvement of the environment used in livestock breeding and aquaculture
1. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for advertising veterinary drugs not consistent with the contents recorded in the Registration Certificate for Circulation or advertising products for treatment and improvement of the environment used in livestock breeding and aquaculture not consistent with the permit for circulation of such products.
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for advertising veterinary drugs included in the List of Veterinary Drugs, List of Biological Products, Microorganisms, Chemicals Used in Veterinary Medicine, List of Products for Treatment and Improvement of the Environment in Livestock Breeding and Aquaculture Prohibited for Use in Vietnam.
3. Measures to remedy consequences:
a) Compelling correction of information for the act stipulated in Clause 1 of this Article;
b) Order removal, dismantling, or deletion of advertisements for violations specified in Clause 1 and Clause 2 of this Article.
Article 78. Violation of regulations on advertising livestock feed
1. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for false advertising about the nature, utility, quality, source, and origin of livestock feed.
2. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for advertising livestock feed not included in the List of Livestock Feed Permitted for Circulation in Vietnam or without a quality confirmation document for livestock feed as prescribed.
3. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for advertising livestock feed containing substances prohibited for use in the production and trade of livestock feed as prescribed.
4. Measures to remedy consequences:
a) Compelling correction of information for the act stipulated in Clause 1 of this Article;
b) Compelling removal, dismantling, or deletion of advertisements for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Chapter IV
AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF CULTURE, SPORTS, TOURISM AND ADVERTISING
Article 79. Competence to draw up administrative violation records
Officials specified in Articles 80, 81, 82, and 83 of this Decree and civil servants and employees performing inspection and supervision tasks who discover acts of administrative violations in the fields of culture, sports, tourism, and advertising shall have the authority to draw up administrative violation records in accordance with the regulations.
Article 80. Competence of Chairpersons of People's Committees at all levels to impose administrative penalties
1. The Chairperson of the People's Committee at the commune level has the right to:
a) To issue warnings;
b) To impose fines up to VND 5,000,000;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Apply remedial measures for consequences as stipulated in points a, b, and đ 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) To issue warnings;
b) Impose a fine of up to 25,000,000 VND for acts of administrative violations in the fields of culture, sports, and tourism; impose a fine of up to 50,000,000 VND for acts of administrative violations in the field of advertising;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;
đ) Apply remedial measures for consequences as stipulated in Article 2 of this Decree.
3. The Chairman of the Provincial People's Committee has the authority to:
a) To issue warnings;
b) Impose a fine of up to 50,000,000 VND for acts of administrative violations in the fields of culture, sports, and tourism; impose a fine of up to 100,000,000 VND for acts of administrative violations in the field of advertising;
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 remedial measures for consequences as stipulated in Article 2 of this Decree.
Article 81. Competence of specialized inspection agencies to impose administrative penalties
1. Cultural, Sports, and Tourism Inspectors have the authority to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Apply remedial measures for consequences as stipulated in Point a and Point đ Clause 1 Article 28 of the Law on Handling Administrative Violations.
2. Inspectors and persons assigned to perform specialized inspection tasks in the health, information and communication, agriculture, and rural development sectors while performing their duties to penalize acts of administrative violations prescribed in Chapter III of this Decree within the scope of state management of their respective sectors shall have the authority to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Apply remedial measures for consequences as stipulated in Point a and Point đ Clause 1 Article 28 of the Law on Handling Administrative Violations.
3. The Director of the Department of Culture, Sports, and Tourism Inspection has the authority to:
a) To issue warnings;
b) Impose a fine of up to 25,000,000 VND for acts of administrative violations in the fields of culture, sports, and tourism; impose a fine of up to 50,000,000 VND for acts of administrative violations in the field of advertising;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;
đ) Apply remedial measures for consequences as stipulated in Article 2 of this Decree.
4. The Directors of Departments: Health, Information and Communication, Agriculture and Rural Development; the Heads of Food Safety Control Sub-departments under the Health Departments; the Heads of Sub-departments: Plant Protection, Animal Health, Fisheries, Quality Control of Forestry and Aquatic Products, Forestry, and Rural Development under the Agriculture and Rural Development Departments shall have the authority to penalize acts of administrative violations prescribed in Chapter III of this Decree within the scope of state management of their respective sectors:
a) Phạt cảnh cáo;
b) Phạt tiền đến 50.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại Điểm b Khoản này;
đ) Áp dụng các biện pháp khắc phục hậu quả quy định tại Điều 2 Nghị định này.
5. Chánh Thanh tra Bộ Văn hóa, Thể thao và Du lịch có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 50.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực văn hóa, thể thao và du lịch; phạt tiền đến 100.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính;
đ) Áp dụng các biện pháp khắc phục hậu quả quy định tại Điều 2 Nghị định này.
6. Chánh Thanh tra các Bộ: Y tế, Thông tin và Truyền thông, Nông nghiệp và Phát triển nông thôn; Cục trưởng các Cục: Quản lý dược, Quản lý Khám, chữa bệnh, Y tế dự phòng, An toàn vệ sinh thực phẩm thuộc Bộ Y tế; Cục trưởng các Cục: Báo chí, Phát thanh, Truyền hình và Thông tin điện tử, Xuất bản, In và Phát hành thuộc Bộ Thông tin và Truyền thông; Cục trưởng các Cục: Thú y, Bảo vệ thực vật, Trồng trọt, Chăn nuôi, Quản lý chất lượng nông lâm sản và thủy sản thuộc Bộ Nông nghiệp và Phát triển nông thôn xử phạt các hành vi vi phạm hành chính quy định tại Chương III Nghị định này trong phạm vi quản lý nhà nước của ngành có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 100.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính;
đ) Áp dụng các biện pháp khắc phục hậu quả quy định tại Điều 2 Nghị định này.
7. Trưởng Đoàn thanh tra chuyên ngành Bộ Văn hóa, Thể thao và Du lịch có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 35.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực văn hóa, thể thao và du lịch; phạt tiền đến 70.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại Điểm b Khoản này;
đ) Áp dụng các biện pháp khắc phục hậu quả quy định tại Điều 2 Nghị định này.
8. Trưởng Đoàn thanh tra chuyên ngành các Bộ: Y tế, Thông tin và Truyền thông, Nông nghiệp và Phát triển nông thôn xử phạt các hành vi vi phạm hành chính quy định tại Chương III Nghị định này trong phạm vi quản lý nhà nước của ngành có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 70.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại Điểm b Khoản này;
đ) Áp dụng các biện pháp khắc phục hậu quả quy định tại Điều 2 Nghị định này.
9. Trưởng Đoàn thanh tra chuyên ngành Sở Văn hóa, Thể thao và Du lịch có thẩm quyền xử phạt theo quy định tại Khoản 3 Điều này.
10. Trưởng Đoàn thanh tra chuyên ngành các Sở: Y tế, Thông tin và Truyền thông, Nông nghiệp và Phát triển nông thôn; Trưởng đoàn Thanh tra chuyên ngành các Cục: Báo chí, Phát thanh, Truyền hình và Thông tin điện tử, Xuất bản, In và Phát hành có thẩm quyền xử phạt các hành vi vi phạm hành chính quy định tại Chương III Nghị định này trong phạm vi quản lý nhà nước của ngành theo quy định tại Khoản 4 Điều này.
Điều 82. Thẩm quyền xử phạt vi phạm hành chính của Công an nhân dân
1. Chiến sỹ Công an nhân dân đang thi hành công vụ có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 500.000 đồng.
2. Trạm trưởng, đội trưởng của người được quy định tại Khoản 1 Điều này có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 1.500.000 đồng.
3. Trưởng Công an cấp xã, Trưởng đồn Công an, Trạm trưởng Trạm Công an cửa khẩu, khu chế xuất có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 2.500.000 đồng;
c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không quá mức tiền phạt được quy định tại Điểm b Khoản này;
d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a và đ Khoản 1 Điều 28 của Luật xử lý vi phạm hành chính.
4. Trưởng Công an cấp huyện; Trưởng phòng nghiệp vụ thuộc Cục Cảnh sát giao thông đường bộ, đường sắt, Trưởng phòng nghiệp vụ thuộc Cục Cảnh sát đường thủy; Trưởng phòng Công an cấp tỉnh gồm Trưởng phòng Cảnh sát quản lý hành chính về trật tự xã hội, Trưởng phòng Cảnh sát trật tự, Trưởng phòng Cảnh sát điều tra tội phạm về trật tự xã hội, Trưởng phòng Cảnh sát điều tra tội phạm về trật tự quản lý kinh tế và chức vụ, Trưởng phòng Cảnh sát giao thông đường bộ, đường sắt, Trưởng phòng Cảnh sát đường thủy, Trưởng phòng Cảnh sát phòng, chống tội phạm về môi trường, Trưởng phòng Cảnh sát phòng cháy, chữa cháy và cứu hộ, cứu nạn, Trưởng phòng Cảnh sát phòng cháy, chữa cháy và cứu nạn trên sông, Trưởng phòng Quản lý xuất nhập cảnh, Trưởng phòng An ninh chính trị nội bộ, Trưởng phòng An ninh kinh tế, Trưởng phòng An ninh văn hóa, tư tưởng, Trưởng phòng An ninh thông tin; Trưởng phòng Cảnh sát phòng cháy, chữa cháy các quận, huyện thuộc Sở Cảnh sát phòng cháy và chữa cháy có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 10.000.000 đồng trong lĩnh vực văn hóa, thể thao và du lịch, phạt tiền đến 20.000.000 đồng trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không quá mức tiền phạt được quy định tại Điểm b Khoản này;
đ) Áp dụng biện pháp khắc phục hậu quả quy định tại Điểm a và Điểm đ Khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và các khoản 1, 2, 3, 4, 5, 6 và 7 Điều 2 Nghị định này.
5. Giám đốc Công an cấp tỉnh, Giám đốc Sở Cảnh sát phòng cháy, chữa cháy có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 25.000.000 đồng trong lĩnh vực văn hóa, thể thao và du lịch; phạt tiền đến 50.000.000 đồng trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính;
đ) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, đ và i Khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và các khoản 1, 2, 3, 4, 5, 6 và 7 Điều 2 Nghị định này.
6. Cục trưởng Cục An ninh chính trị nội bộ, Cục trưởng Cục An ninh kinh tế, Cục trưởng Cục An ninh văn hóa, tư tưởng, Cục trưởng Cục An ninh thông tin, Cục trưởng Cục Cảnh sát quản lý hành chính về trật tự xã hội, Cục trưởng Cục Cảnh sát điều tra tội phạm về trật tự xã hội, Cục trưởng Cục Cảnh sát điều tra tội phạm về trật tự quản lý kinh tế và chức vụ, Cục trưởng Cục Cảnh sát giao thông đường bộ, đường sắt, Cục trưởng Cục Cảnh sát đường thủy, Cục trưởng Cục Cảnh sát phòng cháy, chữa cháy và cứu hộ, cứu nạn, Cục trưởng Cục Cảnh sát phòng chống tội phạm về môi trường, Cục trưởng Cục Cảnh sát phòng, chống tội phạm sử dụng công nghệ cao có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 50.000.000 đồng trong lĩnh vực văn hóa, thể thao và du lịch; phạt tiền đến 100.000.000 đồng trong lĩnh vực quảng cáo;
c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính;
đ) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, đ và i Khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 1, 2, 3, 4, 5, 6 và 7 Điều 2 Nghị định này.
Điều 83. Thẩm quyền xử phạt vi phạm hành chính của Bộ đội biên phòng, Cảnh sát biển, Hải quan, cơ quan Thuế, Quản lý thị trường
1. Những người có thẩm quyền xử phạt của Bộ đội biên phòng có thẩm quyền xử phạt vi phạm hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo quy định tại Điều 40 của Luật xử lý vi phạm hành chính.
2. Những người có thẩm quyền xử phạt của Cảnh sát biển có thẩm quyền xử phạt vi phạm hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo quy định tại Điều 41 của Luật xử lý vi phạm hành chính.
3. Những người có thẩm quyền xử phạt của Hải quan có thẩm quyền xử phạt vi phạm hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo quy định tại Điều 42 của Luật xử lý vi phạm hành chính.
4. Những người có thẩm quyền xử phạt của cơ quan Thuế có thẩm quyền xử phạt vi phạm hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo quy định tại Điều 44 của Luật xử lý vi phạm hành chính.
5. Những người có thẩm quyền xử phạt của Quản lý thị trường có thẩm quyền xử phạt vi phạm hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo quy định tại Điều 45 của Luật xử lý vi phạm hành chính.
Chương V
ĐIỀU KHOẢN THI HÀNH
Điều 84. Hiệu lực thi hành
1. Nghị định này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2014.
2. Kể từ ngày Nghị định này có hiệu lực thi hành, Nghị định số 75/2010/NĐ-CP ngày 12 tháng 7 năm 2010 của Chính phủ quy định xử phạt vi phạm hành chính trong hoạt động văn hóa; Nghị định số 16/2012/NĐ-CP ngày 12 tháng 3 năm 2012 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực du lịch; Nghị định số 37/2012/NĐ-CP ngày 24 tháng 4 năm 2012 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực thể dục, thể thao; Điều 26 và Điều 27 Nghị định số 02/2011/NĐ-CP ngày 06 tháng 01 năm 2011 của Chính phủ quy định xử phạt vi phạm hành chính về hoạt động báo chí, xuất bản; Điểm b Khoản 2, Điểm a và Điểm b Khoản 3, các điểm a, b và d Khoản 4 Điều 13, các điểm a, c và đ Khoản 1 Điều 22, Điểm a Khoản 1, Khoản 2 Điều 27 Nghị định số 93/2011/NĐ-CP ngày 18 tháng 10 năm 2011 của Chính phủ quy định xử phạt vi phạm hành chính về thuốc, mỹ phẩm và trang thiết bị y tế; Điều 26 Nghị định số 91/2012/NĐ-CP ngày 08 tháng 11 năm 2012 của Chính phủ quy định xử phạt vi phạm hành chính về an toàn thực phẩm; Điểm d Khoản 3 Điều 16 Nghị định số 69/2011/NĐ-CP ngày 08 tháng 8 năm 2011 của Chính phủ quy định xử phạt vi phạm hành chính về y tế dự phòng, môi trường y tế và phòng, chống HIV/AIDS; Điểm a Khoản 2 Điều 6, Điểm a Khoản 1 Điều 11, Điểm a Khoản 4 Điều 13 Nghị định số 96/2011/NĐ-CP ngày 21 tháng 10 năm 2011 của Chính phủ quy định xử phạt vi phạm hành chính về khám bệnh, chữa bệnh hết hiệu lực.
Điều 85. Điều khoản chuyển tiếp
Đối với hành vi vi phạm hành chính trong lĩnh vực văn hóa, thể thao, du lịch và quảng cáo xảy ra trước ngày 01 tháng 7 năm 2013 mà sau đó mới bị phát hiện hoặc đang xem xét giải quyết thì áp dụng các quy định có lợi cho cá nhân, tổ chức vi phạm.
Điều 86. Trách nhiệm thi hành
1. Bộ Văn hóa, Thể thao và Du lịch hướng dẫn, tổ chức thực hiện Nghị định này.
2. Các Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương chịu trách nhiệm thi hành Nghị định này./.
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