Decree No. 159/2013/ND-CP on administrative penalties for violations in journalism and publishing activities

DECREE

Article 24||| Prescribes administrative penalties for violations in journalism and publishing activities

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Pursuant to the Vocational Education Law dated July 27, 20091;

Pursuant to the Law X||| Handlingi ||| administrative violations on June 20, 2012;

Pursuant to the Law BFireproof clothing"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." ||| December 28, 2019; 1||| Law amending and supplementing a number of articles of the Law on Intellectual Property No. 989/2019/QH14;No. provision of the Law BFireproof clothing"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." ||| June 12, 2019; 1999;

Pursuant to the Law Provincial People's Committees set specific prices||| Intellectual Property on September 29, 2005; 11 ||| Law amending and supplementing a number of provisions of the Law on Intellectual Property on September 29, 2005; Provincial People's Committees set specific priceson Intellectual Property dated June 19, 2009;

Pursuant to the Law Xuof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs||| consolidated version on June 20, 2012; 11 Pursuant to the Ordinance on Consolidating Normative Legal Documents dated March 22

||| At the proposal of the Minister of Information and Communicationsi||| and Broadcasting;

||| The Government issues this Decree prescribing administrative penalties for violationsi Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."||| in journalism andJune 2024;o ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." ||| publishing activities..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| Article 1. This Decree prescribes acts of violation, forms, levels of penalty, measures to remedy consequences, authority to issue administrative violation notices, and authority to impose administrative penalties in journalism and publishing activities.

||| Article 2. Administrative violations in journalism and publishing activities prescribed in this Decree include:

||| a) Acts of violation in journalism activities;

||| b) Acts of violation in publishing activities;

||| c) Acts of violation regarding reporting systems.

||| Article 3. Administrative violations related to journalism and publishing activities not prescribed in this Decree but prescribed in other Decrees on administrative penalties in other areas of state management shall be governed by those provisions.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

||| This Decree applies to organizations and individuals, both domestic and foreign, who commit administrative violations in journalism and publishing activities in Vietnam.

Article 3. Measures to remedy consequences

||| In addition to the remedial measures prescribed in Points d, đ, e, and i Clause 1 Article 28 of the Law on Handling Administrative Violations, other remedial measures prescribed in this Decree include:

||| 1. Compelling the revocation of press cards;

||| 2. Compelling the return of seized equipment and materials of journalists and reporters;

||| 3. Compelling an apology;

||| 4. Compelling the publication or broadcast of the full content of the conclusion of the competent state agency;

||| 5. Compelling the revocation of licenses and confirmation certificates;

||| 6. Compelling the recall of press products, printed products, and publications violating legal provisions;

||| 7. Compelling the removal of electronic publications violating legal provisions.

||| Article 4. Provisions on fines for individuals and organizations

||| 1. The maximum fine amount in the field of journalism and publishing for individuals is 100,000,000 VND, and for organizations is 200,000,000 VND.

||| 2. The fines prescribed in Chapter II of this Decree apply to individuals.

||| For the same act of administrative violation, the fine amount for organizations is twice the fine amount for individuals.

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

Chapter II

||| VIOLATIONS OF ADMINISTRATIVE LAW IN JOURNALISM AND PUBLISHING ACTIVITIES, FORMS OF PENALTIES, AND REMEDIAL MEASURES

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||| VIOLATIONS OF ADMINISTRATIVE LAW IN JOURNALISM ACTIVITIES

||| Article 5. Violations concerning permits

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

||| a) Performing activities not in accordance with the provisions stated in the permit;

||| b) Engaging in news dissemination without a permit or not in accordance with the program registered with the competent state agency;

||| c) Engaging in news dissemination when the permit has expired;

||| d) Altering or erasing the permit.

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

||| a) Violating regulations on conditions for establishing representative offices, permanent offices, and permanent bureaus of news agencies;

||| b) Publishing bulletins without a permit;

||| c) Violating regulations on publishing and circulating foreign information publications in Vietnam;

||| d) Violating regulations on displaying paintings, photographs, and other forms of information outside the premises of foreign diplomatic missions and organizations;

||| đ) Violating regulations on organizing film screenings, exhibitions, seminars, and other activities related to journalism organized by foreign organizations in Vietnam that invite Vietnamese citizens to participate.

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

||| a) Issuing press releases without a permit for foreign organizations in Vietnam;

||| b) Publishing special editions, supplements, and additional sections for print newspapers; adding channels for radio and television broadcasts; adding special pages for online newspapers without a permit;

||| c) Broadcasting bulletins on electronic screens without a permit;

||| d) Not adhering to the objectives and purposes stated in the journalism activity permit.

||| 4. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts:

||| a) Engaging in print, radio, television, and online newspaper activities without a journalism activity permit as required;

||| b) Counterfeiting a journalism activity permit; a special edition, supplement, or additional section permit; a special page permit; a bulletin, material, or leaflet publication permit;

||| c) Using a counterfeit permit to engage in journalism activities.

5. Additional forms of punishment:

||| Confiscation of evidence of administrative violations for acts prescribed in Point b and Point c Clause 2, Point b and Point c Clause 3, and Clause 4 of this Article.

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

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

a) Lending a press card to another person for journalistic activities;

b) Using another person's press card for journalistic activities;

c) Using a press card that has been altered, erased, or expired for journalistic activities;

d) Using an expired foreign journalist press card issued by the Ministry of Foreign Affairs or conducting journalistic activities without carrying a press card when operating in Vietnam.

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

a) Impersonating a journalist or reporter for journalistic activities;

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

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of exploiting the status of a journalist or reporter for personal gain.

4. Measures to remedy consequences:

a) Compelling the recovery of the press card for the act stipulated in Point b Clause 2 and Clause 3 of this Article;

b) Compelling the return of unlawful gains obtained from the acts stipulated in Clause 2 and Clause 3 of this Article.

Article 7. Acts of unlawfully obstructing journalistic activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of unlawfully obstructing the professional activities of journalists or reporters.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of insulting the dignity and reputation of journalists or reporters while they are engaged in their professional activities.

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

a) Threatening the life of a journalist or reporter;

b) Destroying or intentionally damaging equipment or materials used for journalistic activities by journalists or reporters;

c) Illegally seizing equipment or materials used for journalistic activities by journalists or reporters.

4. Measures to remedy consequences:

a) Compelling an apology for the acts stipulated in Clause 2 and Clause 3 of this Article;

b) Compelling the return of equipment or materials used for journalistic activities for the act stipulated in Point c Clause 3 of this Article.

Article 8. Violations concerning the content of information

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Not citing the source of information or citing it incorrectly when publishing or broadcasting through the media;

b) Not clearly stating the real name, pen name, or group of authors of news articles when using them for publication or broadcasting through the media;

c) Using news articles for publication or broadcasting through the media without knowing the real name or address of the author or group of authors.

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

a) Publishing or broadcasting false information that has not yet caused serious impact;

b) Illustrating or titling inappropriately so that readers misunderstand the content of the information;

c) Publishing or broadcasting information about mysterious events or new scientific issues in specialized research journals without indicating the source of the material;

d) Disclosing private information without the consent of the individual concerned, except where otherwise provided by law;

đ) Publishing or broadcasting personal letters or documents without the consent of the legitimate owner, except where otherwise provided by law;

e) Publishing or broadcasting images of individuals without their consent, except where otherwise provided by law.

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

a) Publishing or broadcasting false information causing serious impact;

b) Describing in detail indecent actions, killings, or gruesome accidents in news articles or images;

c) Publishing or broadcasting pornographic, nude, or immodestly exposed images or articles that are not in accordance with Vietnamese customs and traditions;

d) Publishing or broadcasting information promoting superstitious practices, beliefs, or taboos;

đ) Publishing or broadcasting information about mysterious events or new scientific issues in non-specialized publications before they have been conclusively determined;

e) Publishing or broadcasting information about relatives or relationships of individuals involved in negative cases without evidence proving their involvement or without a conclusion from the competent state agency;

g) Exploiting documents or materials from organizations or personal letters related to ongoing investigations, prosecutions, trials, or negative cases awaiting conclusions from competent state agencies without clearly stating their origin;

h) Using images of the map of Vietnam without showing or incorrectly showing national sovereignty.

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

a) Publishing or broadcasting maps of Vietnam without showing or incorrectly showing national sovereignty;

b) Publishing or broadcasting information that distorts or slanders in order to insult the reputation of organizations or the dignity and personality of individuals.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following acts:

a) Publishing or broadcasting false information causing very serious impact;

b) Publishing or broadcasting information inciting violence, pornography, or immorality.

6. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed on one of the following acts:

a) Publishing or broadcasting works that have been banned or confiscated;

b) Publishing or broadcasting information harmful to national interests or causing ethnic division.

7. Additional forms of administrative sanction:

a) Seizing the objects of administrative violations for the acts stipulated in Point h Clause 3, Clauses 4, 5, and 6 of this Article;

b) Revoking the right to use the license for a period of 01 to 03 months for the acts stipulated in Clause 5 and Clause 6 of this Article.

8. Measures to remedy consequences:

Compelling corrections and apologies for the acts stipulated in Points a, b, d, đ, and e Clause 2, Points a, e, and g Clause 3, Clauses 4, 5, and 6 of this Article.

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

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Obstructing organizations and individuals in providing information to the press;

b) Failing to make statements and provide information to the press as prescribed;

c) Not complying with regulations on publishing and broadcasting statements of organizations and individuals related to press works.

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

a) Misrepresenting the views of interviewees in the press or not accurately reflecting the content of information provided by spokespersons of administrative state agencies;

b) Failing to review the content of interviews before publishing or broadcasting them in the press;

c) Distorting the content of official conclusions of competent state agencies when publishing or broadcasting them in the press;

d) Using statements not intended for interviews at conferences, meetings, exchanges, or speeches to create interview articles without the speaker's consent;

đ) Providing false and inaccurate information to the press.

3. Measures to remedy consequences:

a) Compelling an apology and correction of the content for violations specified in Point a Clause 2 of this Article;

b) Compelling an apology and full publication of the content of official conclusions for violations specified in Point c Clause 2 of this Article.

Article 10. Violations concerning corrections in the press

1. Warning or imposing a fine of VND 200,000 to VND 500,000 for failing to correct according to the prescribed position, area, duration, and font size;

2. Imposing a fine of VND 1,000,000 to VND 3,000,000 for failing to correct within the prescribed time limit.

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

a) Failing to correct as required;

b) Failing to publish or broadcast the conclusion of competent state agencies regarding false information previously published or broadcast in the press.

Article 11. Violations concerning press conferences

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Holding a press conference without prior written notice or giving incorrect notice regarding the time;

b) Holding a press conference with content that does not align with the functions, tasks, and purposes of the organization.

2. Imposing a fine of VND 10,000,000 to VND 20,000,000 for holding a press conference without written approval from competent state agencies or being suspended despite such approval.

3. Imposing a fine of VND 50,000,000 to VND 70,000,000 for holding a press conference with false, defamatory, or malicious content aimed at damaging the reputation of organizations or the dignity and personality of individuals.

||| 4. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts:

a) Holding a press conference with content inciting violence, obscenity, or depravity;

b) Holding a press conference with content harmful to national interests or causing ethnic division.

5. Additional forms of punishment:

Seizing contraband items for violations specified in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

Compelling public apologies on mass media for violations specified in Clause 3 and Clause 4 of this Article.

Article 12. Violations concerning the presentation of press products

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Failing to properly record or inaccurately recording the content as required for the presentation of press products;

b) Presenting page 1 or cover 1 inconsistently with the content of the press product;

c) Changing the homepage interface of online newspapers without permission from competent state agencies.

2. Additional forms of punishment:

Seizing contraband items for violations specified in Point b Clause 1 of this Article.

Article 13. Violations concerning the issuance of press products

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Not indicating the selling price on press products;

b) Selling internal circulation press products.

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

a) Obstructing the issuance of legally issued press products;

b) Selling illegally imported press products.

3. A fine of VND 10,000,000 to VND 20,000,000 for issuing press products that are not permitted to circulate or have been decided to be recalled or confiscated.

4. Additional forms of administrative punishment:

Seizure of evidence of administrative violations for the acts stipulated in Point b Clause 1, Point b Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel the recall or destruction of press products for the acts stipulated in Point b Clause 1, Point b Clause 2, and Clause 3 of this Article;

b) Compel the return of illegal profits obtained for the acts stipulated in Point b Clause 1, Point b Clause 2, and Clause 3 of this Article.

Article 14. Violations concerning the archiving of press products

1. Warning or a fine of VND 200,000 to VND 500,000 for submitting press products for archiving at incorrect locations, times, or quantities as prescribed.

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

a) Failure to submit press products for archiving;

b) Failure to retain written records, audio recordings, video recordings broadcast over airwaves, or data broadcast over networks, or retaining them for less than the prescribed time period.

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

1. A fine of VND 10,000,000 to VND 20,000,000 for exporting or importing press products containing superstitious or unwholesome content contrary to Vietnamese customs and traditions.

2. A fine of VND 70,000,000 to VND 100,000,000 for one of the following acts:

a) Importing press products containing content violating Vietnamese laws;

b) Exporting illegally published press products, press products with decisions to cease printing, ban circulation, confiscate, recall, or destroy press products containing content not allowed to be reported in the press.

3. Measures to remedy consequences:

a) Compel re-exportation, recall, or destruction of press products for the acts stipulated in Clause 1 and Clause 2 of this Article;

b) Compel the return of illegal profits obtained for the acts stipulated in Clause 1 and Clause 2 of this Article.

Article 16. Violations concerning the management of pay television activities and direct satellite signal reception

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

a) Altering or erasing licenses or certificates in pay television activities and direct satellite signal reception;

b) Failing to comply with regulations stipulated in licenses or certificates in pay television activities and direct satellite signal reception.

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

a) Receiving foreign television signals directly from satellites without a certificate;

b) Providing channels or programs on pay television services without a Certificate of Registration for Channel Program Catalogue;

c) Failing to install service names or icons on pay television channels;

d) Failing to register film provider names on pay television services as required;

đ) Providing incorrect program catalogues for foreign channels on pay television services;

e) Selling, transferring, leasing, or lending Pay Television Service Provision Licenses in any form.

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

a) Broadcasting foreign channels on pay television services without complying with legal regulations;

b) Failing to provide domestic channels serving political tasks and essential information dissemination on pay television services;

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

a) Providing foreign channels into Vietnam for commercial purposes on pay television services without going through authorized agents in Vietnam;

b) Editing foreign channels on pay television services without a license.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Producing domestic channels for pay television services without a license;

b) Broadcasting foreign channels on pay television services without a license;

c) Failing to edit foreign channels on pay television services;

d) Providing pay television services, programs, or channels containing content not allowed to be reported in the press;

đ) Failing to register the provision of foreign channels on pay television services in Vietnam;

e) Failing to transmit complete program content provided by content providers to pay television subscribers;

g) Failing to translate 100% of the content of drama channels and documentary and entertainment channels, sports channels, music channels.

6. A fine of VND 70,000,000 to VND 100,000,000 for providing pay television services without a license.

7. Additional forms of administrative sanction:

a) Seizure of evidence of administrative violations for the acts stipulated in Point d Clause 5, Clause 6 of this Article;

b) Suspension of the right to use licenses or certificates for one to three months for the acts stipulated in Point a Clause 1, Point d Clause 5 of this Article.

8. Measures to remedy consequences:

a) Compel the return of illegal profits obtained for the acts stipulated in Point a Clause 4, Clause 5, and Clause 6 of this Article;

b) Compel the recall of licenses for the acts stipulated in Point e Clause 2 of this Article.

Article 17. Violations concerning the provisions on collaboration in the production activities of radio and television programs

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Implementing the contents of the Collaboration Registration Certificate incorrectly;

b) Not notifying in writing to the competent state agency about the name, content, time, duration, broadcasting channel of the collaborative product; the name, address of the collaborating partner, form of collaboration, rights and obligations of the parties involved in the collaboration for the collaborative product that is not a channel program or a regular program.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failing to register the news channel, political program.

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 collaboration without signing a collaboration contract;

b) Engaging in collaboration with a partner who does not meet the required conditions.

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

a) Engaging in collaboration for news and political radio and television programs;

b) Broadcasting beyond 30% of the total duration of the first broadcast of the channel for collaborative programs within the news-political comprehensive channel.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for engaging in collaboration without permission from the competent state agency.

6. Additional forms of punishment:

Seize the administrative violation objects for the acts stipulated in Clause 5 of this Article.

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ADMINISTRATIVE VIOLATIONS IN PUBLISHING ACTIVITIES

Article 18. Violations concerning the provisions on licenses and practice certificates in the publishing field

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for failing to follow the procedures to apply for a license change when changing the name of the managing agency or publisher's name or the publisher's name.

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

a) Failing to follow the procedures to apply for a license change when changing the mission, purpose, target audience, main publications of the publisher;

b) Failing to follow the procedures to apply for a license change when changing the organizational form of the publisher.

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

a) Altering, erasing the publisher establishment license;

b) Using the editing practice certificate for unauthorized purposes;

c) Transferring, altering, erasing the non-commercial publication permit, registration confirmation, issuance decision, editing practice certificate under any form.

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

a) Implementing the contents of the publisher establishment license incorrectly;

b) Transferring the publisher establishment license under any form;

c) Violating the operating conditions of the publisher;

d) Operating inconsistently with the contents recorded in the license for the foreign publisher's representative office in Vietnam.

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

a) Establishing a publisher without a license or establishment decision;

b) Establishing a foreign publisher's representative office in Vietnam without a license.

6. Additional forms of punishment:

Revoking the right to use the license, practice certificate for from 01 to 03 months for the acts stipulated at Point a and Point b Clause 3, Points a, c and d Clause 4 of this Article.

7. Measures to remedy consequences:

Compelling the recovery of the license for the acts stipulated at Point c Clause 3, Point b Clause 4 of this Article.

Article 19. Violations concerning procedures and formalities in the field of publishing

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

a) The publication decision does not fully record information according to the prescribed model;

b) Failure to retain editing files and related documents for each publication as required.

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

a) Not signing a publication decision for each publication;

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

c) Signing a publication decision that does not correspond with the registration confirmation for each publication;

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

a) Not conducting content assessment of works or materials as prescribed or upon written request from competent state authorities;

b) Not setting retail prices for publications;

c) Increasing retail prices for publications without written approval from the publisher;

d) Altering or distorting the content of publications or materials compared to the manuscript approved by the general director (director) of the publisher or non-commercial material manuscripts bearing the stamp of the issuing authority;

đ) Failing to implement corrections, suspension of distribution, recall, or destruction of publications when ordered by the general director (director) of the publisher or upon written request from competent state authorities;

e) Operating without a professional certificate but listed as chief editor or editor on publications;

g) Publishing publications that do not match the registration confirmation issued by competent state authorities;

h) Distributing publications without signing a distribution decision;

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

a) Publishing publications without registration confirmation or non-commercial material license;

b) Publishing publications without a publication decision;

c) Not editing manuscripts; not approving manuscripts before printing or electronic distribution;

d) Publishing publications before obtaining written consent from the author or copyright owner as stipulated by law;

5. Additional forms of punishment:

Seizing administrative violation evidence for acts specified in Point d and Point đ Clause 3, Clause 4 Article 19 herein;

6. Measures to remedy consequences:

Compelling recall or destruction of publications for acts specified in Point d Clause 3 Article 19 herein;

Article 20. Violations concerning the content of publications

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

a) Revealing personal privacy and other secrets regulated by law;

b) Using images of Vietnam's maps without showing or incorrectly showing national sovereignty;

2. Imposing a fine of VND 20,000,000 to VND 40,000,000 for any of the following acts:

a) Disseminating information inciting violence, obscenity, indecency, superstition, or information inconsistent with Vietnamese customs and traditions;

b) Slandering or defaming the reputation of organizations and the dignity and personality of individuals;

c) Providing false information that infringes upon the rights and legitimate interests of organizations and individuals;

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

a) Publishing maps of Vietnam without showing or incorrectly showing national sovereignty;

b) Distorting historical facts, denying revolutionary achievements; insulting the nation, national heroes, and cultural figures;

4. Imposing a fine of VND 70,000,000 to VND 100,000,000 for disseminating information harmful to national interests or causing ethnic division;

5. Additional forms of punishment:

a) Seizing administrative violation evidence and means for acts specified in Clauses 1, 2, 3, and 4 of this Article;

b) Suspending publishing activities for three to six months for acts specified in Clause 3 and Clause 4 of this Article;

c) Revoking the right to use a professional certificate for editing for one to three months for acts specified in Clauses 1, 2, 3, and 4 of this Article;

6. Measures to remedy consequences:

a) Compelling recall or destruction of publications for acts specified in Clauses 1, 2, 3, and 4 of this Article;

b) Compelling apologies for acts specified in Point a Clause 1, Point b and Point c Clause 2, Point b Clause 3 of this Article.

Article 21. Violations concerning the presentation and illustration of publications

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 record or recording inaccurately the information that must be recorded on publications;

b) Using images, drawings, symbols, characters to present or illustrate publications in a manner inconsistent with the content of the publications.

2. A fine of from VND 10,000,000 to VND 20,000,000 for using a map of Vietnam to present or illustrate publications without reflecting or reflecting inaccurately national sovereignty.

3. Additional forms of punishment:

Seizure of property involved in administrative violations for the acts stipulated in Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the recovery or destruction of publications for the acts stipulated in Clause 2 of this Article.

Article 22. Violations concerning the submission of publications for retention and submission to the National Library of Vietnam

1. Warning or a fine of from VND 200,000 to VND 500,000 for failing to submit publications to the National Library as prescribed.

2. A fine of from VND 3,000,000 to VND 5,000,000 for submitting publications for retention before the ten-day period has expired but already having issued them.

3. A fine of from VND 5,000,000 to VND 10,000,000 for failing to submit publications for retention but already having issued them, except in cases provided for in Point a of Clause 3 of Article 23.

Article 23. Violations concerning the provisions on collaboration in publishing activities

1. A fine of from VND 1,000,000 to VND 3,000,000 for signing a collaboration contract after signing the decision to publish.

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

a) Collaborating in publishing works or materials without a written approval from the author or copyright owner;

b) Implementing collaboration with partners who do not meet the prescribed conditions.

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

a) Failing to submit collaborative publications to the publisher for retention as prescribed;

b) Failing to revoke the decision to publish when the collaborating partner violates the collaboration contract;

c) Altering or distorting the content of collaborative publications compared to the draft approved by the general director (director) of the publisher.

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

a) Issuing collaborative publications without a publication issuance decision;

b) Collaboratively editing preliminary drafts of works or materials that are not allowed to be collaborated according to regulations.

5. A fine of from VND 15,000,000 to VND 20,000,000 for failing to sign a collaboration contract in publishing activities.

6. Additional forms of punishment:

a) Seizure of property involved in administrative violations for the act stipulated in Point c of Clause 3 of this Article;

b) Suspension of the right to use the professional practice certificate for editing from one to three months for the act stipulated in Point b of Clause 4 of this Article.

Article 24. Violations concerning printing activities

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 establish or record complete information in the registration and management book for printed products received for printing and post-printing processing as prescribed;

b) Failing to retain and manage the records of receiving printing of publications and non-publication printed products as prescribed;

c) Failing to go through procedures to apply for a change in the printing operation license when there is a change in name, address, establishment of a branch, division, or merger of the printing facility.

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

a) Signing a printing contract where the number of publications indicated in the contract exceeds the publication decision or the publication permit;

b) Using photocopiers and other printing equipment to illegally reproduce newspapers, publications for commercial purposes or widespread circulation;

c) Printing paper money substitutes without a confirmation registration certificate from the competent state agency regarding the type of paper money substitute being printed;

d) Altering or erasing the printing operation license;

đ) Printing non-publication products when the printing facility does not meet the prescribed operating conditions.

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

a) Printing publications not in accordance with the draft approved by the general director (director) of the publisher or not in accordance with the content of the publication permit;

b) Printing not in accordance with the sample or draft placed for printing for non-publication products;

c) Transferring the printing operation license in any form.

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

a) Printing publications, newspapers, counterfeit-proof stamps but the printing facility does not meet the prescribed operating conditions;

b) Printing publications not in accordance with the publication decision or publication permit;

c) Failing to comply with the content recorded in the printing operation license issued by the competent state agency.

5. A fine of from VND 15,000,000 to VND 20,000,000 for any of the following acts:

a) Printing publications, newspapers, counterfeit-proof stamps, and non-publication products without a printing contract;

b) Signing a printing contract with the wrong object as prescribed or not in accordance with the content of the publication decision or publication permit.

a) Constructing underground works illegally within the protected area of irrigation works without reaching the level of criminal prosecution;

a) Using photocopiers and other printing equipment to reproduce newspapers, publications, and non-publication printed products prohibited from circulation;

b) Printing newspapers without a permit;

c) Printing identification cards, passports, educational certificates, and other state management documents without the approval of the specialized state management agency or the issuing organization or without a sample confirmed by the competent state agency;

d) Printing product labels and packaging without a sample confirmed by the manufacturer placing the order for printing or without a business registration certificate for the correct industry or other state agency documents;

đ) Printing counterfeit-proof stamps without a sample confirmed by the competent state agency or the organization or individual producing the goods.

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

a) Printing publications without a publication decision;

b) Printing non-commercial materials without a publication permit;

c) Printing post-printing publications or non-publication products for foreign countries without a printing post-printing permit.

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

a) Printing or reproducing newspapers, publications with a recall, seizure, or destruction decision or containing banned content in publishing activities and not reported in the media;

b) Printing publications, newspapers, counterfeit-proof stamps without a printing operation license issued by the competent state agency.

c) Print products that are not legal publications prohibited by law from circulation, except in cases where permission is granted to print for export for foreign countries;

d) Illegally print documents listed in the state secrets category, personal privacy, and other secrets as prescribed by law.

9. Additional forms of punishment:

a) Confiscate the objects and means of administrative violation for the acts prescribed in Points c and d Clause 2, Points a and b Clause 3, Clauses 4, 5, 6, 7, and 8 of this Article.

b) Revoke the right to use the license for a period of from 01 to 03 months for the act prescribed in Clause 7 of this Article;

c) Suspend operations for a period of from 09 to 12 months for the act prescribed in Clause 8 of this Article.

10. Measures to address consequences:

a) Compel the recall or destruction of printed products for the acts prescribed in Points b and c Clause 2, Points a and b Clause 3, Point b Clause 4, Point a Clause 5, Clauses 6, 7, and 8 of this Article;

b) Compel the recall of the license for the act prescribed in Point c Clause 3 of this Article.

Article 25. Violation of regulations on printing exceeding quantity

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

a) Print publications exceeding the quantity recorded in the publication decision or publication permit, or foreign printing processing permit under 30 finished products;

b) Print non-publication products exceeding the quantity recorded in the contract or foreign printing processing permit under 100 finished products.

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

a) Print publications exceeding the quantity recorded in the publication decision or publication permit, or foreign printing processing permit from 30 to under 100 finished products;

b) Print non-publication products exceeding the quantity recorded in the contract or foreign printing processing permit from 100 to under 300 finished products.

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

a) Print publications exceeding the quantity recorded in the publication decision or publication permit, or foreign printing processing permit from 100 to under 300 finished products;

b) Print non-publication products exceeding the quantity recorded in the contract or foreign printing processing permit from 300 to under 500 finished products.

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

a) Print publications exceeding the quantity recorded in the publication decision or publication permit, or foreign printing processing permit from 300 to 500 finished products;

b) Print non-publication products exceeding the quantity recorded in the contract or foreign printing processing permit from 500 to 1,000 finished products.

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

a) Print publications exceeding the quantity recorded in the publication decision or publication permit, or foreign printing processing permit over 500 finished products;

b) Print non-publication products exceeding the quantity recorded in the contract or foreign printing processing permit over 1,000 finished products.

6. Additional forms of punishment:

a) Confiscate the objects and means of administrative violation for the acts prescribed in Clauses 1, 2, 3, 4, and 5 of this Article;

b) Suspend operations for a period of from 01 to 03 months for the act prescribed in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compel the recall or destruction of printed products for the acts prescribed in Clauses 1, 2, 3, 4, and 5 of this Article;

b) Compel the return of illegal profits obtained for the acts prescribed in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 26. Violation of regulations on import, registration, and use of color photocopiers

1. Impose a fine of from 3,000,000 VND to 5,000,000 VND for the act of failing to register or re-register the use of color photocopiers with competent state agencies.

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

a) Import color photocopiers without the import permit of competent state agencies;

b) Use color photocopiers for purposes other than those registered with competent state agencies.

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

a) Use color photocopiers illegally;

b) Use color photocopiers to reproduce publications or non-publication products containing content violating legal provisions.

4. Additional forms of administrative punishment:

Confiscate the objects of administrative violation for the act prescribed in Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the return of illegal profits obtained for the act prescribed in Clause 3 of this Article.

Article 27. Violation of regulations on storing, distributing, and publishing printed products and non-publishing printed products

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

a) Storing, distributing, or publishing printed products that are illegally printed, copied, forged, illegally combined, or without invoices or certificates showing legitimate origin under 50 copies;

b) Selling publications that are not for business or internal circulation;

c) Distributing publications without registering activities with competent state agencies or without meeting the required conditions as stipulated.

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

a) Storing, distributing printed products that are illegally printed, copied, forged, illegally combined, or without invoices or certificates showing legitimate origin from 50 to less than 100 copies;

b) Organizing exhibitions or trade fairs of publications without a permit or implementing them contrary to the contents stated in the permit;

c) Illegally distributing non-publishing printed products.

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

a) Transferring or erasing the permit for organizing exhibitions or trade fairs of publications;

b) Operating contrary to the contents stated in the permit for representative offices of foreign publication distribution organizations in Vietnam.

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

a) Storing, distributing imported publications or illegally published publications;

b) Storing, distributing publications that have been suspended from distribution, subject to recall, confiscated, banned from circulation, or destroyed;

c) Storing, distributing printed products that are illegally printed, copied, forged, illegally combined, or without invoices or certificates showing legitimate origin from 100 to less than 300 copies;

d) Illegally distributing publications or non-publishing printed products that are printed for foreign countries within Vietnam's territory.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following acts:

a) Storing, distributing printed products that are illegally printed, copied, forged, illegally combined, or without invoices or certificates showing legitimate origin from 300 copies or more;

b) Storing, distributing publications containing prohibited content in publication activities;

c) Establishing representative offices of foreign publication distribution organizations in Vietnam without a permit;

d) Displaying or selling at exhibitions or trade fairs publications that are illegally published, illegally imported, not permitted to circulate, subject to recall, confiscated, or containing prohibited content in publication activities;

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

6. Additional forms of punishment:

a) Seizing the objects and means of administrative violations for acts specified in Point a and Point b Clause 1, Clause 2, Clause 4, Points a, b, and d Clause 5 of this Article;

b) Suspending activities for nine to twelve months for acts specified in Point b Clause 5 of this Article;

c) Deporting for acts specified in Point b Clause 5 of this Article;

d) Revoking the right to use permits for one to three months for acts specified in Point b Clause 3 of this Article.

7. Measures to remedy consequences:

a) Compelling the recall or destruction of publications or non-publishing printed products for acts specified in Point a and Point b Clause 1, Point a and Point c Clause 2, Clause 4, Points a, b, and d Clause 5 of this Article;

b) Compelling the return of illegal profits obtained for acts specified in Point a and Point c Clause 2, Clause 4, Points a, b, and d Clause 5 of this Article;

c) Compelling the recall of permits for acts specified in Point a Clause 3 of this Article.

Article 28. Violations concerning the export and import of publications

1. A fine of from three million to five million dong for the act of altering or erasing the confirmation certificate for registration of importing publications for business purposes, the permit for importing publications not for business purposes, or the permit for operating importation of publications.

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

a) Importing publications not for business purposes without an import permit or not in accordance with the contents stated in the permit;

b) Not re-exporting after use for publications imported as materials for international seminars or conferences in Vietnam that have been permitted by competent Vietnamese authorities or as property of organizations, families, or individuals for personal use;

c) Not processing import procedures for publications included in the standard baggage allowance for entry for personal use or for sending to organizations, institutions, or individuals through postal services or courier services with values exceeding the prescribed standards;

d) Transferring in any form the confirmation certificate for registration of importing publications for business purposes, the permit for importing publications not for business purposes, or the permit for operating importation of publications.

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

a) Engaging in the business of importing publications without meeting the required conditions after being granted a permit by a competent state authority;

b) Importing publications for business purposes without registering the import as required;

c) Not reviewing the content of imported publications before distribution;

d) Trading in imported publications that are prohibited from being traded;

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

a) Importing publications containing content prohibited by law;

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

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

5. Additional forms of punishment:

a) Confiscating the objects of administrative violations for acts specified in Points b, c, and d Clause 3, Clause 4 of this Article;

b) Revoking the right to use the permit for one to three months for acts specified in Clause 1 and Clause 3 of this Article;

c) Suspending operations for six to nine months for acts specified in Point a and Point b Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling re-exportation, recall, or destruction of publications for acts specified in Points a, b, and c Clause 2, Points b, c, and d Clause 3, Clause 4 of this Article;

b) Compelling the recall of permits or confirmation certificates for registration of importing publications for business purposes for acts specified in Point d Clause 2 of this Article.

Article 29. Violations concerning the publication and distribution of electronic publications

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

a) Publishing or distributing electronic publications without equipment and technical personnel as stipulated by laws on telecommunications, information technology, e-commerce, electronic transactions, and other relevant laws;

b) Not having technical measures as required to prevent unauthorized copying or interference with the content of electronic publications;

c) Not complying with the provisions of intellectual property law or not requiring organizations, institutions, or individuals using services to comply with intellectual property law when distributing electronic publications;

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

a) Publishing or distributing electronic publications on the Internet without a Vietnamese domain name as required by law;

b) Not registering the publication and distribution of electronic publications with competent state authorities as required;

c) Publishing or distributing electronic publications before obtaining approval from the author or copyright owner;

d) Converting electronic publications to printed publications for wide dissemination without complying with the required regulations;

đ) Not implementing technical measures to prevent interference with the content of publications or removing publications that violate the law upon request of competent state authorities.

3. Additional forms of punishment:

Confiscating the objects and means of administrative violations for acts specified in Point b and Point đ Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the removal of electronic publications for acts specified in Point b Clause 1, Point đ Clause 2 of this Article.

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ADMINISTRATIVE VIOLATIONS CONCERNING REPORTING REGULATIONS

Article 30. Violation of reporting regulations

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Not notifying in writing to the competent state agency when changing the headquarters of the press agency, representative office, permanent office of the press agency, or the permanent office of the press agency;

b) Not notifying in writing to the competent state agency about the establishment, suspension of activities of the representative office, permanent office of the press agency, or the dispatching and suspension of activities of permanent correspondents;

c) Not notifying in writing to the competent state agency when changing the headquarters of the foreign publisher's representative office in Vietnam or the organization issuing foreign publications;

d) Not notifying in writing and submitting files to the competent state agency when changing address, director, or owner of the printing facility;

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

a) Not implementing reports, explanations, or providing inaccurate contents, deadlines, and requirements as requested by the competent state agency;

b) Not reporting to the competent state agency upon discovering publications for distribution or printed products containing prohibited content in publication activities;

c) Not fulfilling the responsibility to report on the provision of pay television services;

d) Not notifying in writing to the competent state agency when publishing advertising supplements;

3. A fine of from five million dong to ten million dong shall be imposed for dishonest reporting or explanation as prescribed or as required by the competent state agency;

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE ADMINISTRATIVE SANCTIONS

Article 31. Authority to impose administrative sanctions of the specialized inspection body for Information and Communications

1. Inspectors and officials of the specialized inspection body for Information and Communications while performing their duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Seize objects or means of administrative violations up to VND 500,000 in value;

d) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

2. The Chief Inspector of the Department of Information and Communications, the Head of the specialized inspection team of the Department of Information and Communications at the provincial level, the Head of the specialized inspection team of the Press Bureau, Broadcasting and Television and Electronic Information Bureau, Publishing, Printing and Distribution Bureau have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items or means of administrative violations with a value up to fifty million dong;

đ) To apply remedial measures as prescribed in Article 3 of this Decree;

e) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

The Chief Inspector of the Department of Information and Communications shall exercise the authority to impose administrative sanctions in press and publication activities against organizations and individuals under the management of the People's Committee at the same level; exercise the authority to impose administrative sanctions against central and local press agencies and publishers operating in his locality when authorized;

3. The Head of the specialized inspection team of the Ministry of Information and Communications has the authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

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

d) To confiscate contraband items or means of administrative violations with a value up to seventy million dong;

đ) To apply remedial measures as prescribed in Article 3 of this Decree;

e) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

4. The Chief Inspector of the Ministry of Information and Communications, the Director of the Press Bureau, the Director of the Broadcasting and Television and Electronic Information Bureau, the Director of the Publishing, Printing and Distribution Bureau have the authority:

a) To issue warnings;

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

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

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as prescribed in Article 3 of this Decree;

e) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

Article 32. Competence to impose penalties of other specialized inspectors

Within the scope of their state management authority as prescribed by the Government, inspectors, specialized inspection officials, heads of inspection teams, chief inspectors, and heads of agencies entrusted with the function of specialized inspection have the competence to impose penalties on administrative violations in press and publication activities as stipulated in this Decree within the scope of their state management.

Article 33. Competence to impose penalties of the Chairman of the People's Committee

1. The Chairman of the People's Committee at district level has the competence:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items or means of administrative violations with a value up to fifty million dong;

đ) To apply remedial measures as prescribed in Article 3 of this Decree;

e) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

2. The Chairman of the People's Committee at provincial level has the competence:

a) To issue warnings;

b) To impose fines up to 100,000,000,000 VND;

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) To apply remedial measures as prescribed in Article 3 of this Decree;

e) To exercise the rights stipulated in Clause 3, Article 125 of the Law on Handling Administrative Violations;

Article 34. Competence to impose penalties of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, and Market Management Agency

The People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, and Market Management Agency have the right to impose penalties according to the competencies prescribed in Articles 39, 40, 41, 42, 44, and 45 of the Law on Handling Administrative Violations for administrative violations in press and publication activities directly related to their areas of management as stipulated in this Decree.

Article 35. Competence to draw up administrative violation records

Those authorized to draw up administrative violation records in press and publication activities are those authorized to impose penalties as stipulated in Articles 31, 32, 33, and 34 of this Decree, and civil servants and employees performing their duties in press and publication activities.

Chapter IV

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from January 1, 2014.

2. Decree No. 02/2011/NĐ-CP dated January 6, 2011 of the Government prescribing penalties for administrative violations in press and publication activities ceases to be effective from the date this Decree takes effect.

Article 37. Transitional Provisions

For administrative violations in press and publication activities occurring before the date this Decree takes effect but discovered afterwards or currently under examination and resolution, the provisions most favorable to the violating organizations and individuals shall apply.

Article 38. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and Chairmen of People's Committees of centrally governed cities are responsible for implementing this Decree./.