Decree No. 28/2017/ND-CP Amending and supplementing some articles of Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government stipulating administrative penalties for violations concerning copyright and related rights, and Decree No. 158/2013/ND-CP dated November 12, 2013 of the Government stipulating administrative penalties for violations in the fields of culture, sports, tourism, and advertising.

 

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 131/2013/NĐ-CP OF OCTOBER 16, 2013 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS CONCERNING COPYRIGHT AND RELATED RIGHTS AND THE DECREE NO. 158/2013/NĐ-CP OF NOVEMBER 12, 2013 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF CULTURE, SPORTS, TOURISM AND ADVERTISING

Pursuant to the Law on Government Organization dated June 19, 2015;

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

At the proposal of the Minister of Culture, Sports and Tourism,CoatSports and Tourism Lunar New Year;

The Government promulgates this Decree amending and supplementing certain provisions of the Decree No. 131/2013/NĐ-CP of October 16, 2013 of the Government on administrative sanctions concerning copyright and related rights and the Decree No. 1158/2013/NĐ-CP of November 11 2013 of the Government on administrative sanctions in the field of culture,Coatsports, tourism and advertising.

Article 1. Amending and supplementing certain provisions of the Decree No. 131/2013/NĐ-CP of October 16, 2013 of the Government on administrative sanctions concerning copyright and related rights

1. Amending Clause 2 of Article 16 as follows:

"2. Measures to remedy consequences:

Compel re-exportation of infringing objects in relation to the acts stipulated in Clause 1 of this Article. If the measure of compelling re-exportation cannot be applied, apply the measure of compelling destruction."

2. Amending Clause 4 of Article 20 as follows:

"4. Measures to remedy consequences:

a) Compel destruction of infringing objects in relation to the acts stipulated in Clause 2 of this Article;

b) Compel re-exportation of infringing objects in relation to the import acts stipulated in Clause 3 of this Article. If the measure of compelling re-exportation cannot be applied, apply the measure of compelling destruction."

3. Amending Clause 6 of Article 35 as follows:

"6. Measures to remedy consequences:

a) Compel destruction of infringing objects in relation to the acts stipulated in Clauses 2 and 5 of this Article;

b) Compel re-exportation of infringing objects in relation to the import acts stipulated in Clauses 3 and 4 of this Article. If the measure of compelling re-exportation cannot be applied, apply the measure of compelling destruction."

4. Amending Article 38 as follows:

"Article 38. Competence to impose administrative sanctions of the Inspectorate

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) Imposing fines up to VND 500,000;

b) Confiscating infringing objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) Applying measures to remedy consequences prescribed at point d of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Chief Inspector of the Department, the Head of the specialized inspection team at the provincial level, the Chief Inspector of the Civil Aviation Administration, the Chief Inspector of the Maritime Administration have the authority:

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

b) Suspending the right to use professional certificates for a period of time;

c) Confiscating infringing objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply the measures to remedy consequences prescribed in Article 3 of this Decree.

3. The Head of the specialized inspection team at the ministerial level has the authority:

a) Imposing fines up to VND 175,000,000;

b) Suspending the right to use professional certificates for a period of time;

c) Confiscating infringing objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply the measures to remedy consequences prescribed in Article 3 of this Decree.

4. The Chief Inspector of the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Civil Aviation Administration, the Director of the Radio Frequency Management Bureau, the Director of the Telecommunications Bureau, the Director of the Broadcasting, Television and Information Technology Bureau, the Director of the Press Bureau, the Director of the Publishing, Printing and Distribution Bureau have the authority:

a) Imposing fines up to VND 250,000,000;

b) Suspending the right to use professional certificates for a period of time;

c) Confiscating infringing objects;

d) Applying measures to remedy consequences prescribed in Article 3 of this Decree."

5. Reordering Clauses 3, 4, and 5 following Clause 3 of Article 39 as Clauses 4, 5, and 6 respectively.

6. Amending Article 40 as follows:

"Article 40. Allocation of competence to impose administrative sanctions of the Border Guard, Coast Guard, Customs, Market Management, and Inspectorate

1. Those authorized to impose administrative sanctions of the Border Guard have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in Clause 1 of Article 8; Article 16; import and export acts stipulated in Clause 3 of Article 20; import acts stipulated in Clause 3 and import and export acts stipulated in Clause 4 of Article 35 of this Decree according to Article 40a of this Decree and their assigned functions, tasks, and powers.

2. Those authorized to impose administrative sanctions of the Coast Guard have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in Clause 1 of Article 8; Article 16; import and export acts stipulated in Clause 3 of Article 20; point b of Clause 2 of Article 29; import acts stipulated in Clause 3 and import and export acts stipulated in Clause 4 of Article 35 of this Decree according to Article 40b of this Decree and their assigned functions, tasks, and powers.

3. Those authorized to impose administrative sanctions of the Customs have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in Clause 1 of Article 8 and Article 16; import and export acts stipulated in Clause 3 of Article 20; import acts stipulated in Clause 3 and import and export acts stipulated in Clause 4 of Article 35 of this Decree according to Article 40c of this Decree and their assigned functions, tasks, and powers.

4. Those authorized to impose administrative sanctions of the Market Management have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in Articles 8, 14, 15, 18, 19; production, assembly, modification, distribution, sale, or rental acts stipulated in Clause 3 of Article 20; Articles 24, 26, 27, 28, 29, 31, 33, and 34; distribution acts stipulated in Clause 3 and production, assembly, modification, distribution, sale, or rental acts stipulated in Clauses 4 and 5 of Article 35 of this Decree according to Article 40d of this Decree and their assigned functions, tasks, and powers.

5. Those authorized to impose administrative sanctions of the Inspectorate have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in this Decree as follows:

a) Those authorized to impose administrative sanctions of the Cultural, Sports and Tourism Inspectorate, the Cultural and Sports Inspectorate have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in Chapter II of this Decree according to the authority prescribed in Article 38 of this Decree;

b) Persons authorized to impose administrative penalties of the Inspection of Information and Communications have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations stipulated in Articles 9, 10, 11, 12, and Clause 2 Article 13; Articles 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28; Point a Clause 2 and Clause 3 Article 29; Articles 30, 31, 32, 33, 34, and 35 of this Decree according to the authority prescribed in Article 38 of this Decree and their assigned functions, tasks, powers, and responsibilities.

c) Persons authorized to impose administrative penalties of the Inspection of Transport have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations stipulated in Clause 1 Article 8; Point b Clause 2 Article 29 of this Decree according to the authority prescribed in Article 38 of this Decree and their assigned functions, tasks, powers, and responsibilities.”

7. Supplement Articles 40a, 40b, 40c, and 40d as follows:

“Article 40a. Authority to impose administrative penalties of the Border Guard

1. The Commander of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port have the right:

a) To impose fines up to 25,000,000 VND;

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

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

2. The Commander of a Provincial Border Guard Force, and the Commander of a Border Guard Squadron under the Command of the Border Guard Force Headquarters have the right:

a) Imposing fines up to VND 250,000,000;

b) Suspending the right to use professional certificates for a period of time;

c) Confiscating infringing objects;

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

Article 40b. Authority to impose administrative penalties of the Coast Guard

1. The Head of a Coast Guard Operational Team has the right to impose fines up to 5,000,000 VND.

2. The Head of a Coast Guard Operational Unit, the Head of a Coast Guard Station have the right:

a) To impose fines up to 10,000,000 VND;

b) To apply remedial measures prescribed in Point d Clause 1 Article 28 of the Law on Handling Administrative Violations.

3. The Commander of a Coast Guard Squadron has the right:

a) To impose fines up to 25,000,000 VND;

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) To apply remedial measures prescribed in Points d and d Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

4. The Commander of a Coast Guard Flotilla has the right:

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

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) To apply remedial measures prescribed in Points d and d Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

5. The Commander of a Coast Guard Zone has the right:

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

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) To apply remedial measures prescribed in Points d and d Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

6. The Commander of the Coast Guard has the right:

a) Imposing fines up to VND 250,000,000;

b) Suspending the right to use professional certificates for a period of time;

c) Confiscating infringing objects;

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

Article 40c. Authority to impose administrative penalties of Customs

1. The Director of a Customs Branch, the Director of a Post-Clearance Audit Branch, the Head of a Control Team under a Provincial Customs Department, a City Customs Department, or a Central City Customs Department, the Head of an Anti-Smuggling Control Team, the Head of a Customs Procedure Team, the Commander of a Maritime Control Squadron, and the Head of an Intellectual Property Protection Control Team under the General Department of Customs Investigation and Anti-Smuggling have the right:

a) To impose fines up to 25,000,000 VND;

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) To apply remedial measures prescribed in Points d, d, and g Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

2. The Director of the General Department of Customs Investigation and Anti-Smuggling, the Director of the Post-Clearance Audit Department under the General Department of Customs, and the Director of a Provincial Customs Department, a City Customs Department, or a Central City Customs Department have the right:

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

b) Suspending the right to use professional certificates for a period of time;

c) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

d) To apply remedial measures prescribed in Points d, d, and g Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

3. The Director of the General Department of Customs has the right:

a) Imposing fines up to VND 250,000,000;

b) To confiscate objects of administrative violations;

c) To apply remedial measures prescribed in Points d, d, and g Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

Article 40d. Administrative Sanctioning Authority of Market Management

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

a) To impose fines up to 25,000,000 VND;

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) Apply the measures to remedy consequences specified in Points d, e, and g Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, and 4 Article 3 of this Decree.

2. The Heads of the Market Management Sub-Department under the Department of Industry and Trade, the Head of Anti-Smuggling Department, the Head of Fake Goods Prevention Department, and the Head of Product Quality Control Department under the Market Management Department have the authority to:

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

b) To confiscate objects of administrative violations with a value not exceeding the fine amount specified in Point a of this Clause;

c) Temporarily suspend the right to use a professional practice certificate for a limited period.

d) Apply the measures to remedy consequences prescribed in Article 3 of this Decree.

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

a) Imposing fines up to VND 250,000,000;

b) To confiscate objects of administrative violations;

c) Temporarily suspend the right to use a professional practice certificate for a limited period.

d) Apply the measures to remedy consequences specified in Article 3 of this Decree.”

Article 2. Amending and Supplementing Certain Articles of Decree No. 158/2013/NĐ-CP dated November 12, 2013 of the Government on Administrative Sanctions for Violations in the Field of Culture, Sports, Tourism, and Advertising

1. Supplement Clauses 8, 9, 10, and 11 to Article 2 as follows:

“8. Compel compliance with material and equipment requirements for film screening rooms using special effects that impact viewers.

9. Compel removal of infringing works in electronic form, on online platforms, and digital technology.

10. Compel revocation of titles, awards granted to individuals winning beauty pageant or model contests; certificates of eligibility for business operations in sports activities; certificates of eligibility for business operations in antique appraisal; certificates of eligibility for restoration of cultural relics; restoration certificates of cultural relics; international travel agency licenses; tour guide cards; tourist guide certificates; signs of tourist transportation vehicles.

11. Compel cessation of business operations of video games, karaoke, and nightclubs not maintaining the required distance as stipulated.”

"Article 6. Services and activities carried out within the Cam Ranh International Port area

“2. The monetary fines prescribed in Chapter II and Chapter III of this Decree apply to individuals, except in cases specified in Point a Clause 1, Point a Clause 3, Point d Clause 4 Article 4; Point b Clause 4, Clause 5 Article 6; Article 8; Point a and Point c Clause 1, Clause 3 Article 10; Point b Clause 1, Point a Clause 3, Points a, b, and c Clause 5, Clauses 6, 7, and 8 Article 13; Clause 1, Clause 3, Point d Clause 5, Clauses 6 and 7 Article 14; Point b Clause 2 Article 15; Clause 1 and Clause 3 Article 16; Point a Clause 1, Point b Clause 3 Article 17; Point c Clause 3 Article 23; Clauses 1, 2, and 4 Article 23a; Clauses 1, 2, and 4 Article 23c; Clause 1, Points a and b Clause 2 Article 24; Clause 2 and Clause 4 Article 27; Point b Clause 1, Clause 2 Article 30; Clause 2 Article 32; Article 33; Clauses 1, 2, and 4 Article 34; Clause 1 and Clause 5 Article 40; Article 41; Points a, b, and e Clause 1, Clauses 2, 3, 4, 5, 6, 7, 8, and 10 Article 42; Point c Clause 1 Article 52; Clauses 2 and 3 Article 55; Clause 2 Article 56; Article 57; Article 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 violation, the fine for organizations is twice the fine for individuals.”

3. Amend Article 5 as follows:

“Article 5. Violation of Film Distribution Regulations

1. Fine from VND 1,000,000 to VND 2,000,000 for one of the following acts:

a) Selling or renting films intended for internal circulation only;

b) Altering or removing control labels affixed to film tapes or discs.

2. Fine from VND 2,000,000 to VND 5,000,000 for selling or renting film tapes or discs without control labels or with incorrect labels relative to the film licensed for distribution.

3. Fine from VND 10,000,000 to VND 15,000,000 for substituting the content of a film already labeled with a control label.

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 distributing film reels, tapes, or discs without permission to distribute;

b) Distributing film reels, tapes, or discs beyond the scope permitted in the distribution license.

5. Fine from VND 20,000,000 to VND 25,000,000 for selling, renting, or distributing film reels, tapes, or discs that have been decided to be recalled, confiscated, banned from distribution, or destroyed.

6. Measures to remedy consequences:

a) Compel destruction of evidence of violations for acts specified in Clauses 1, 2, and 3, Point a Clause 4, and Clause 5 of this Article;

b) Compel return of illegal profits obtained through acts specified in Clauses 1, 2, 3, 4, and 5 of this Article.”

4. Amending and supplementing Clause 2 of Article 6 as follows:

“2. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Publicly showing films stored on any medium at public places without control labels;

b) Publicly showing films at public places not in accordance with the content and scope specified in the distribution permit or broadcasting decision;

c) Failing to comply with material and equipment requirements for film screening rooms using special effects that impact viewers during operation.”

5. Amend and supplement Clause 4 of Article 6 as follows:

“4. Fine from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Showing films that have been decided to be recalled, confiscated, banned from distribution, destroyed, or contain pornographic, violent, or obscene content;

b) Organizing specialized or themed film festivals without approval from the competent authority as prescribed.”

6. Amend Clause 6 and Clause 7 of Article 6 as follows:

“6. Additional forms of administrative sanctions:

Confiscate the means of violation for the act specified in Point a Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compel destruction of evidence of violations for acts specified in Point a and Point b Clause 2; Clause 3; Point a Clause 4 and Clause 5 of this Article;

b) Compel removal of infringing works in electronic form, on online platforms, and digital technology for acts specified in Point a and Point b Clause 2; Clause 3 and Point a Clause 4 of this Article;

c) Compel compliance with material and equipment requirements for film screening rooms using special effects that impact viewers according to regulations for the act specified in Point c Clause 2 of this Article.”

7. Amend Article 7 as follows:

“Article 7. Violation of Regulations on Film Duplication and Storage

1. Fine from VND 15,000,000 to VND 20,000,000 for duplicating films without permission to distribute.

2. Fine from VND 20,000,000 to VND 25,000,000 for one of the following acts:

a) Duplicating films that have been decided to be recalled, confiscated, destroyed, or banned from distribution;

b) Illegally storing films that have been decided to be recalled, confiscated, destroyed, or banned from distribution.

3. Additional forms of punishment:

Confiscate the means of violation for the acts prescribed in Clause 1, Point a, Clause 2 of this Article.

4. Measures to remedy consequences:

Order the destruction of evidence of violation for the acts prescribed in Clause 1 and Clause 2 of this Article.

8. Amend Article 9 as follows:

"Article 9. Violations concerning the unauthorized duplication of audio and video recordings of music and stage performances

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of duplicating audio and video recordings of music and stage performances without a permit for content approval.

2. Fine from VND 20,000,000 to VND 25,000,000 for one of the following acts:

a) Duplicating audio and video recordings of music and stage performances that have been decided to prohibit circulation or recall, confiscation, or destruction.

b) Duplicating audio and video recordings of music and stage performances containing pornographic, violent, or immoral content.

3. Additional forms of punishment:

Confiscate the means of violation for the acts prescribed in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of evidence of violation for the acts prescribed in Clause 1 and Clause 2 of this Article;

b) Order the return of illegal profits obtained through the acts prescribed in Clause 1 and Clause 2 of this Article."

9. Amend Clause 3 and Clause 4 of Article 10 as follows:

"3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of incorrectly labeling control programs that have been approved for content.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of producing audio and video recordings of music and stage performances containing pornographic, violent, or socially harmful content; content not in line with social values, moral standards, customs, and cultural traditions of Vietnam."

10. Amend Article 11 as follows:

"Article 11. Violations concerning the sale, rental, or distribution of audio and video recordings of music and stage performances

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of selling, renting, or distributing audio and video recordings of music and stage performances without a permit for content approval.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of selling, renting, or distributing audio and video recordings of music and stage performances that have been decided to prohibit circulation or recall, confiscation, or destruction."

3. Measures to remedy consequences:

a) Order the destruction of evidence of violation for the acts prescribed in Clause 1 and Clause 2 of this Article;

b) Order the return of illegal profits obtained through the acts prescribed in Clause 1 and Clause 2 of this Article."

11. Amend Article 12 as follows:

"Article 12. Violations concerning the storage and dissemination of audio and video recordings of music and stage performances

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of illegally storing or disseminating audio and video recordings of music and stage performances that have not been permitted for distribution or have not been labeled for control.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of illegally storing or disseminating audio and video recordings of music and stage performances containing socially harmful content, not in line with social values, moral standards, customs, and cultural traditions of Vietnam.

3. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on the act of illegally storing or disseminating audio and video recordings of music and stage performances that have been decided to prohibit distribution or recall, confiscation, or destruction.

4. Measures to remedy consequences:

a) Order the destruction of evidence of violation for the acts prescribed in Clauses 1, 2, and 3 of this Article;

b) Order the removal of infringing works in electronic form, on online environments, and digital technology for the acts prescribed in Clauses 1, 2, and 3 of this Article."

12. Supplement Point đ and Point e to Clause 5 of Article 13 as follows:

"đ) Disseminate or distribute images of performing artists or fashion models with inappropriate content, not in line with social values, moral standards, customs, and cultural traditions of Vietnam;

e) Engage in actions inconsistent with customs, traditions, or cultural values of Vietnam or actions that negatively impact foreign relations during the organization of artistic performances or fashion shows."

13. Supplement Clause 9a to Article 13 as follows:

"9a. Suspend performance activities for twelve months for performers who repeatedly commit any of the acts prescribed in Clause 9 of this Article."

14. Amend Point a of Clause 10 of Article 13 as follows:

"a) Suspend performance activities for three to six months for performers who commit acts prescribed in Points b and c of Clause 3, Points d and e of Clause 5 of this Article;"

15. Supplement Clause 11 to Article 13 as follows:

"11. Measures to rectify consequences:

Order the destruction of evidence of violation for the acts prescribed in Point đ of Clause 5 of this Article."

16. Amend and supplement Clause 2 and the beginning of Clause 3 of Article 14 as follows:

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

a) Defaming the reputation of organizations, the dignity, and personal integrity of contestants in beauty and modeling contests;

b) Announcing or using titles obtained at beauty and modeling contests entered illegally.

3. A fine shall be imposed on the act of organizing beauty and modeling contests not in accordance with the content recorded in the permit or the proposal for organizing the contest submitted to the competent state authority as follows:"

17. Amend and supplement Clause 5 of Article 14 as follows:

"5. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Participating in international beauty and modeling contests abroad according to regulations requiring a permit but without a permit;

b) Participating in international beauty and modeling contests abroad engaging in actions inconsistent with customs, traditions, or cultural values of Vietnam or actions that negatively impact the image of Vietnam and foreign relations;

c) Engaging in actions inconsistent with social values, moral standards, customs, and cultural traditions of Vietnam after winning titles at beauty and modeling contests;

d) Not recalling titles awarded to individuals who won prizes at beauty and modeling contests when requested by the competent authority."

18. Amend Clause 8 of Article 14 as follows:

"8. Measures to remedy consequences:

a) Order an apology to organizations or individuals for the acts prescribed in Point a of Clause 2 of this Article;

b) Order corrections to information for the acts prescribed in Point b of Clause 2 of this Article;

c) Order the recall of titles awarded to individuals who won prizes at beauty and modeling contests for the acts prescribed in Points c and d of Clause 5 of this Article."

19. Amend Clause 1 of Article 15 as follows:

"1. Warning or a fine from 200,000 VND to 500,000 VND for the acts of lighting incense or burning joss paper not in accordance with the regulations of the festival organizing committee or heritage management board; throwing or releasing money into wells, ponds, lakes; using vulgar language, insulting spirituality affecting the solemn atmosphere; littering indiscriminately causing environmental sanitation issues within the festival area or heritage site."

20. Amend Article 16 as follows:

"Article 16. Violations of the conditions for organizing cultural activities and public cultural service businesses

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

a) Not establishing a festival organizing committee as prescribed;

b) Selling tickets, collecting fees for participation in festivals;

c) Not having toilets or having toilets but not ensuring standards as prescribed within the festival area or heritage site.

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

a) Operating electronic games at locations not maintaining the required distance from primary schools, junior high schools, and senior high schools;

b) Operating karaoke bars, dance clubs at locations not maintaining the required distance from schools, hospitals, religious and belief facilities, historical-cultural relics, state agencies;

c) Operating catering services, restaurants, hotels, parking lots serving festival participants encroaching on heritage site premises, obstructing traffic within the festival area;

d) Operating electronic games outside the prescribed time;

đ) Not ensuring sufficient lighting in dance clubs, karaoke rooms as prescribed.

3. A fine from 5,000,000 VND to 10,000,000 VND for the act of issuing tickets exceeding the number of seats or capacity at places organizing artistic performances, fashion shows, beauty contests, model competitions.

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

a) Not ensuring the prescribed area of dance clubs, karaoke rooms;

b) Not ensuring the prescribed design of karaoke room doors.

5. A fine from 15,000,000 VND to 20,000,000 VND for the act of using alarm equipment at karaoke and dance club establishments not in accordance with regulations.

6. Additional forms of punishment:

Seize the contraband items involved in the violation stipulated in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order the return of illegal profits obtained from implementing the act stipulated in Point b Clause 1 and Clause 3 of this Article;

b) Order cessation of business operations for the act stipulated in Point a and Point b Clause 2 of this Article.”

21. Amend Point a and supplement Point c in Clause 2 Article 19 as follows:

“a) Selling or disseminating paintings, photographs, other cultural products containing pornographic, violent, obscene content, spreading social evils, not in line with Vietnamese traditional customs and culture, or containing content that has been decided to stop circulation, ban, recall, confiscate, destroy by competent authorities;

c) Repairing, splicing images to distort their content with the aim of distorting history, denying revolutionary achievements; insulting national heroes, ethnic heroes, leaders, cultural figures; slandering, infringing upon the reputation of organizations, defaming the dignity and personality of individuals.”

22. Amend and supplement Clause 2 Article 23 as follows:

“2. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Disseminating and practicing distorted contents of intangible cultural heritage or arbitrarily adding new elements not in line with reducing the value of intangible cultural heritage;

b) Misinforming, misrepresenting the content and value of historical-cultural relics, scenic spots;

c) Exploiting the protection and promotion of cultural heritage for profit.”

23. Amend Point a and Point c Clause 3 Article 23 as follows:

“a) Damaging objects in museums, historical-cultural relics, scenic spots;"

"c) Altering, erasing certificates of ranking for historical-cultural relics or certificates of intangible cultural heritage included in the National List of Intangible Cultural Heritage."

24. Amend Point a Clause 5 Article 23 as follows:

"a) Severely damaging objects in museums, historical-cultural relics, scenic spots; severely damaging cultural and artistic works."

25. Amend Point b Clause 7 Article 23 as follows:

"b) Buying, selling, exchanging, transporting illegally within the territory of Vietnam cultural artifacts, antiques, national treasures belonging to historical-cultural relics, scenic spots and cultural artifacts, antiques, national treasures of illegal origin."

26. Amend Point c Clause 9 Article 23 as follows:

"c) Order the return of illegal profits obtained from implementing the act stipulated in Point c Clause 2 and Clause 7 of this Article."

27. Supplement Articles 23a, 23b, and 23c as follows:

"Article 23a. Violations of the conditions for operating antique appraisal businesses

1. A fine from 1,000,000 VND to 3,000,000 VND for the act of not reapplying for certification of qualification for antique appraisal business 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) Falsifying documents, materials in the application for certification of qualification for antique appraisal business;

b) Not ensuring the minimum number of specialized antique appraisers as prescribed during operation;

c) Erasing, altering the content of the certificate of qualification for antique appraisal business.

3. A fine from 25,000,000 VND to 35,000,000 VND for the act of operating antique appraisal business without certification of qualification for antique appraisal business as prescribed.

4. Suspension of the right to use the certificate of qualification for antique appraisal business from three months to six months for the act of allowing another business to use the certificate of qualification for antique appraisal business.

5. Additional forms of punishment:

Seize the contraband items involved in the violation stipulated in Point c Clause 2 of this Article.

6. Measures to remedy consequences:

a) Order the return of illegal profits obtained from implementing the acts stipulated in Clauses 1, 2, 3, and 4 of this Article.

b) Order the recall of the certificate of qualification for antique appraisal business for the act stipulated in Point a Clause 2 of this Article.

Article 23b. Violation of regulations on practice certificates for cultural heritage restoration

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of not processing the reissue procedures for the practice certificate for cultural heritage restoration as prescribed, except in cases where the practice certificate for cultural heritage restoration has expired.

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

a) Falsely declaring documents and materials in the application dossier for issuance or reissuance of the practice certificate for cultural heritage restoration;

b) Erasing, altering the content of the practice certificate for cultural heritage restoration.

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

a) Engaging in cultural heritage restoration without a practice certificate for cultural heritage restoration as prescribed;

b) Using another person's practice certificate for cultural heritage restoration;

c) Using an expired practice certificate for cultural heritage restoration;

d) Allowing another person to use the practice certificate for cultural heritage restoration.

4. Additional forms of administrative punishment:

a) Seizing the contraband items involved in the violation stipulated in point b, Clause 2, and point c, Clause 3 of this Article;

b) Revoking the right to use the practice certificate for cultural heritage restoration for three to six months for the violation stipulated in point d, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the return of illegal profits obtained from implementing the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article;

b) Compelling the revocation of the practice certificate for cultural heritage restoration for the act stipulated in point a, Clause 2 of this Article.

Article 23c. Violation of regulations on certificates of eligibility for practice in cultural heritage restoration

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of not processing the reissue procedures for the certificate of eligibility for practice in cultural heritage restoration as prescribed, except in cases where the certificate of eligibility for practice in cultural heritage restoration has expired.

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

a) Falsely declaring documents and materials in the application dossier for issuance or reissuance of the certificate of eligibility for practice in cultural heritage restoration;

b) Erasing, altering the content of the certificate of eligibility for practice in cultural heritage restoration;

c) Not ensuring the minimum number of people holding the practice certificate for cultural heritage restoration during operation;

d) Using an expired certificate of eligibility for practice in cultural heritage restoration.

3. A fine of VND 25,000,000 to VND 35,000,000 shall be imposed on the act of engaging in cultural heritage restoration without a certificate of eligibility for practice in cultural heritage restoration as prescribed or using another organization's certificate of eligibility for practice in cultural heritage restoration.

4. Revoking the right to use the certificate of eligibility for practice in cultural heritage restoration for three to six months for the act of allowing another organization to use the certificate of eligibility for practice in cultural heritage restoration.

5. Additional forms of punishment:

a) Revoking the right to use the certificate of eligibility for practice in cultural heritage restoration for one to three months for the act stipulated in point c, Clause 2 of this Article;

b) Seizing the contraband items involved in the violations stipulated in point b and point d, Clause 2 of this Article.

6. Measures to remedy consequences:

a) Compelling the return of illegal profits obtained from implementing the acts stipulated in Clauses 1, 2, 3, and 4 of this Article;

b) Compelling the revocation of the certificate of eligibility for practice in cultural heritage restoration for the act stipulated in point a, Clause 2 of this Article.”

28. Amend Article 34 as follows:

"Article 34. Violation of regulations on certificates of eligibility for business operations in sports 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 processing the reissue procedures for the certificate of eligibility for business operations in sports activities as prescribed;

b) Not returning the certificate of eligibility for business operations in sports activities for revocation 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) Falsely declaring documents and materials in the application dossier for issuance or reissuance of the certificate of eligibility for business operations in sports activities;

b) Erasing, altering the content of the certificate of eligibility for business operations in sports activities.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of engaging in sports activities without a certificate of eligibility for business operations in sports activities as prescribed or using another organization's certificate of eligibility for business operations in sports activities.

4. Revoking the right to use the certificate of eligibility for business operations in sports activities for three to six months for the act of allowing another enterprise to use the certificate of eligibility for business operations in sports activities.

5. Additional forms of punishment:

Seize the contraband items involved in the violation stipulated in point b, Clause 2 of this Article.

6. Measures to remedy consequences:

a) Compelling the return of illegal profits obtained from implementing the acts stipulated in Clauses 1, 2, 3, and 4 of this Article;

b) Compelling the revocation of the certificate of eligibility for business operations in sports activities for the act stipulated in point a, Clause 2 of this Article.”

29. Supplement point e to Clause 1 of Article 42 as follows:

“e) Failing to comply with the reporting regime to competent state agencies as prescribed.”

30. Supplement points e, g, and h to Clause 3 of Article 42 as follows:

“e) Not having a written travel contract with tourists or their representatives; not having a travel agency contract with the receiving travel agency as prescribed;

g) The travel contract signed with tourists or their representatives lacking one of the prescribed contents;

h) Not having a written tour program for tourists or their representative groups as prescribed.”

31. Amend Clause 9 of Article 42 as follows:

“9. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of engaging in international travel agency business without an international travel agency business license or using another organization’s international travel agency business license or failing to establish a company when conducting domestic travel agency business.”

32. Amend point a and supplement point c of Clause 11 of Article 42 as follows:

“a) Revoking the right to use the international travel agency business license for six to twelve months for the acts stipulated in point d and point đ, Clause 4, point a and point c, Clause 5, point c, Clause 6 of this Article;”

“c) Seizing the contraband items involved in the violations stipulated in point d and point đ, Clause 3 of this Article.”

33. Amend Clause 12 of Article 42 as follows:

“12. Measures to remedy consequences:

a) Compelling the revocation of the international travel agency business license for the act stipulated in point d, Clause 6 of this Article;

b) Compelling the return of illegal profits obtained from implementing the acts stipulated in point c, Clause 5, point a, Clause 6, points a, b, c, d, đ, and g, Clause 7, Clauses 8, 9, and 10 of this Article.”

34. Amend point e of Clause 3 of Article 44 as follows:

“e) Falsely declaring documents and materials in the application dossier for issuance, exchange, or reissuance of the tour guide card or tour guide certificate;”

35. Amend points b, c, and d of Clause 7 of Article 44 as follows:

"b) Confiscate the tour guide card for a period of six to twelve months for the acts specified in point c, Clause 3, point b, Clause 4, and points b and c, Clause 5 of this Article;"

"c) Confiscate the tour guide certificate for a period of six to twelve months for the acts specified in point c, Clause 3 of this Article;"

"d) Confiscate the objects of violation for the acts specified in points d and đ, Clause 3, and points a and đ, Clause 4 of this Article."

36. Amend Clause 8 of Article 44 as follows:

"8. Measures to remedy consequences:

"a) Compel the recovery of the tour guide card and the tour guide certificate for the acts specified in point e, Clause 3 of this Article;"

"b) Compel the return of the unlawful profits obtained from the acts specified in point e, Clause 4, and point b, Clause 5 of this Article."

37. Amend Clause 10 of Article 45 as follows:

"10. Remedial measures:

"a) Compel the return of the unlawful profits obtained from the acts specified in points b and c, Clause 6, and Clause 7 of this Article;"

"b) Compel the destruction of the objects of violation for the acts specified in point b, Clause 5 of this Article."

38. Amend points b, c, and d of Clause 6 of Article 48 as follows:

"b) Failure to allocate human resources to monitor and manage environmental protection work in tourism as prescribed;"

"c) Failure to display vehicle signs on cars meeting the standard for serving tourists or waterway transport signs for tourist transportation as prescribed;"

"d) Using drivers, crew members, or staff on tourist transportation vehicles without a training certificate in tourism or with an expired training certificate in tourism."

39. Amend point a and supplement point c of Clause 7 of Article 48 as follows:

"a) Using fake vehicle signs on cars meeting the standard for serving tourists or fake waterway transport signs for tourist transportation to conduct business;"

"c) Falsely declaring documents and materials in the application file for vehicle signs for tourist transportation."

40. Supplement Clause 8 and Clause 9 to Article 48 as follows:

"8. Additional penalties:

Confiscate the objects of violation for the acts using an expired training certificate in tourism as specified in point d, Clause 6; and point a, Clause 7 of this Article.

9. Remedial measures:

"a) Compel the recovery of the signs issued for tourist transportation vehicles for the acts specified in point c, Clause 7 of this Article;"

"b) Compel the return of the unlawful profits obtained from the acts specified in point a, Clause 1 of this Article."

41. Supplement Clause 5 to Article 49 as follows:

"5. Remedial measures:

Compel the return of the unlawful profits obtained from the acts specified in Clause 2 of this Article."

42. Amend Clause 1 and point b of Clause 2 of Article 51 as follows:

"1. Fine for the act of hanging, placing, pasting, or painting advertisements for products, goods, or services on utility poles, power poles, traffic signal posts, and public greenery trees as follows:

"a) From VND 1,000,000 to VND 2,000,000 for individuals hanging, placing, pasting, or painting advertisements for products, goods, or services;"

"b) From VND 5,000,000 to VND 10,000,000 for individuals with advertised products, goods, or services;"

"b) Advertising that affects aesthetics, traffic safety, and social safety, except in cases provided for in Clause 1 of this Article, Clause 1 and Clause 3 of Article 61, point a, Clause 2 of Article 63, and Clause 3 of Article 66 of this Decree;"

43. Supplement point c of Clause 1 of Article 55 as follows:

"c) Directly advertising on the website of foreign organizations or individuals operating cross-border advertising services without going through organizations or individuals operating advertising services legally registered in Vietnam;"

44. Amend point c of Clause 2 of Article 59 as follows:

"c) Advertising exceeding the area prescribed on calendar blocks or the content and images of advertisements on calendar blocks not being appropriate to Vietnamese customs and traditions;"

45. Amend point b and point c of Clause 3 of Article 59 as follows:

"b) Advertising on one of the back covers two, three, and four of book publications and non-commercial book-like documents, except for advertisements about authors, works, publishers, and dedicated advertising books;"

"c) Advertising on the front cover or content page of book publications and non-commercial book-like documents, except for dedicated advertising books;"

46. Amend Clause 4 of Article 59 as follows:

"4. Fine from VND 15,000,000 to VND 30,000,000 for the act of advertising on printed products such as administrative maps, valuable papers, certificates, and state management documents."

47. Amend point c and supplement point d of Clause 1 of Article 60 as follows:

"c) Incorrectly notifying the content of advertisements on each board or banner to the competent state authority where the advertisement is implemented;"

"d) Advertising on boards or banners without the approval of the competent state authority where the advertisement is implemented after notifying the content of the advertisement;"

48. Supplement point c of Clause 2 of Article 60 as follows:

"c) Failure to notify the content of advertisements on each board or banner to the competent state authority where the advertisement is implemented;"

49. Amend Article 61 as follows:

"Article 61. Violations of advertising regulations affecting aesthetics, traffic order, and society, and on transportation means

"1. Warning or fine from VND 200,000 to VND 500,000 for the act of distributing promotional flyers affecting aesthetics, traffic safety, and social order;"

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

"a) Advertising on the front, back, and roof of a transportation means;"

"b) Exceeding the permitted advertising area on each side of a transportation means as prescribed;"

"3. Fine from VND 5,000,000 to VND 10,000,000 for individuals with advertised products, goods, or services on promotional flyers affecting aesthetics, traffic safety, and social order;"

4. Measures to remedy consequences:

"Compel removal or erasure of advertisements for the acts specified in Clause 2 of this Article."

50. Amend Clause 4 of Article 66 as follows:

"4. Measures to remedy consequences:

"Compel removal of signs for the acts specified in Clause 1, points a, b, c, d, and g, Clause 2, and Clause 3 of this Article."

51. Amend Clause 1 of Article 67 as follows:

"1. Fine from VND 15,000,000 to VND 20,000,000 for the act of advertising special products, goods, or services without prior confirmation of the content by the competent state authority before implementing the advertisement as prescribed."

52. Amend point a of Clause 3 of Article 68 as follows:

"a) Advertising drugs not in accordance with the content confirmed by the competent state agency; advertising drugs during the period for examination and resolution of the dossier as prescribed; advertising drugs based on promotional materials whose value has been confirmed to have expired; advertising drugs before submitting the drug advertisement registration dossier to the competent state agency;"

53. Amend Point c Clause 2 Article 70 as follows:

“c) Advertising on electronic devices in public places; distributing or presenting at trade fairs, seminars, conferences, exhibitions products printed, recorded, filmed, or data storage devices that introduce food and food additives not in accordance with the declaration of conformity or the declaration of compliance with food safety regulations or the application for confirmation of advertising content.”

54. Amend Point a Clause 4 Article 70 as follows:

“a) Advertising food under the guise of articles written by doctors, pharmacists, healthcare personnel containing descriptions of food having therapeutic effects; using images, reputation, letters from units, healthcare facilities, healthcare personnel, or patient thank-you letters to advertise food;"

55. Supplement Point c Clause 4 Article 70 as follows:

“c) Advertising functional foods by listing the benefits of each component of the product.”

56. Supplement Article 77a as follows:

“Article 77a. Violation of regulations on fertilizer and biological product advertising for crop production

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for advertising fertilizers and biological products for crop production that are inconsistent with the Product Quality Certificate or the Product Quality Declaration.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for advertising fertilizers and biological products for crop production that lack any of the following contents:

a) The name of the fertilizer or biological product for crop production;

b) Origin and raw materials used in processing;

c) 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 stipulated in Clause 1 and Clause 2 of this Article;

b) Order removal, dismantling, or deletion of advertisements for violations stipulated in Clause 1 and Clause 2 of this Article.”

57. Amend Article 81 as follows:

“Article 81. Administrative Sanction Enforcement Authority of Inspection Agencies

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

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

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply remedial measures as provided for in Point a and Point đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. Heads of Provincial Inspection Agencies, Heads of Provincial Specialized Inspection Teams; Heads of Civil Aviation Inspection Agencies, Heads of Maritime Inspection Agencies, Heads of Food Safety Supervision Sub-Departments under Provincial Health Departments, Heads of Plant Protection, Veterinary, Aquaculture, Agricultural and Forestry Product Quality Management, Water Resources, Dike, Forestry, Rural Development Sub-Departments under Provincial Agriculture and Rural Development Departments, Directors of Regional Frequency Centers have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000 for administrative violations in the cultural, sports, and tourism sector; impose fines up to VND 50,000,000 for administrative violations in the advertising sector;

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 objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply remedial measures as provided for in Article 2 of this Decree.

3. Heads of Central Specialized Inspection Teams have the authority:

a) To issue warnings;

b) To impose fines up to VND 35,000,000 for administrative violations in the cultural, sports, and tourism sector and up to VND 70,000,000 for administrative violations in the advertising sector;

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 objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply remedial measures as provided for in Article 2 of this Decree.

4. Heads of Central Inspection Agencies, Directors of Vietnam Highway Administration, Directors of Vietnam Standardization, Metrology, and Quality Control Administration, Directors of Vietnam Water Resources Administration, Directors of Vietnam Environment Administration, Directors of Vietnam Land Management Administration, Directors of Vietnam Railway Administration, Directors of Vietnam Inland Waterway Administration, Directors of Vietnam Maritime Administration, Directors of Vietnam Civil Aviation Administration, Directors of Vietnam Animal Health Administration, Directors of Vietnam Plant Protection Administration, Directors of Vietnam Crop Production Administration, Directors of Vietnam Livestock Administration, Directors of Vietnam Radio Frequency Administration, Directors of Vietnam Telecommunications Administration, Directors of Vietnam Broadcasting, Television, and Information Technology Administration, Directors of Vietnam Press Administration, Directors of Vietnam Publishing, Printing, and Distribution Administration, Directors of Vietnam Drug Administration, Directors of Vietnam Medical Examination and Treatment Administration, Directors of Vietnam Environmental Health Administration, Directors of Vietnam Preventive Health Administration, Directors of Vietnam Food Safety Administration have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000 for administrative violations in the cultural, sports, and tourism sector; impose fines up to VND 100,000,000 for administrative violations in the advertising sector;

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 provided for in Article 2 of this Decree.”

58. Amend Article 83 as follows:

“Article 83. Division of Administrative Sanction Enforcement Authority of Border Guard, Coast Guard, Customs, Market Management, and Inspection

1. Persons authorized to impose sanctions by the Border Guard have the authority to impose administrative sanctions and apply remedial measures for administrative violations stipulated in Point b Clause 7 Article 23; Article 50; Points a, b, and c Clause 2, Clauses 3, 4, 5, and 6 Article 51; Points a and b Clause 1 Article 52; Article 53; Article 61; Point d Clause 3 Article 68; Point c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article 75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree according to the authority defined in Article 83a of this Decree and their assigned functions, tasks, and powers.

2. Persons authorized to impose sanctions by the Coast Guard have the authority to impose administrative sanctions and apply remedial measures for administrative violations stipulated in Point b Clause 7 Article 23; Article 50; Points a, b, and c Clause 2, Clauses 3, 4, 5, and 6 Article 51; Points a and b Clause 1 Article 52; Article 53; Article 61; Point d Clause 3 Article 68; Point c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article 75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree according to the authority defined in Article 83b of this Decree and their assigned functions, tasks, and powers.

3. The persons authorized to impose administrative penalties of the Customs authority responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Point b Clause 7 Article 23; Article 50; Points a, b and c Clause 2, Clauses 3, 4, 5 and 6 Article 51; Points a and b Clause 1 Article 52; Article 53; Point d Clause 3 Article 68; Point c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article 75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree shall do so within the scope of authority prescribed in Article 83c of this Decree and their assigned functions, tasks, and powers.

4. The persons authorized to impose administrative penalties of the Market Management authority responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Articles 5, 6, 7 and 9; Points a and d Clause 1, Clauses 2, 3, 4 and 5 Article 10; Articles 11 and 12; Article 18; Point b Clause 1, Point a Clause 2 Article 19; Point a Clause 1 Article 22; Clause 7 Article 23; Points b and d Clause 2, Point g Clause 3, Point c Clause 6 and Clause 7 Article 45; Article 46; Article 50; Point a Clause 3, Point b Clause 4, Points a, b and c Clause 5 Article 51; Points a and b Clause 1 Article 52; Article 53; Articles 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 77a and 78 of this Decree shall do so within the scope of authority prescribed in Article 83d of this Decree and their assigned functions, tasks, and powers.

5. Those authorized to impose administrative sanctions of the Inspectorate have the authority to impose administrative sanctions and apply measures to remedy consequences against administrative violations stipulated in this Decree as follows:

a) The persons authorized to impose administrative penalties of the Cultural, Sports and Tourism Inspectorate, the Culture and Sports Inspectorate, and the Tourism Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Chapter II and Chapter III of this Decree within the scope of authority prescribed in Article 81 of this Decree;

b) The persons authorized to impose administrative penalties of the Information and Communications Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Clause 5 Article 6; Point c Clause 1 Article 45; Section 1, Section 2 and Section 4 Chapter III of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

c) The persons authorized to impose administrative penalties of the Health Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Point c Clause 2 Article 35; Article 38; Articles 67, 68, 69, 70, 71, 72, 73 and 74 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

d) The persons authorized to impose administrative penalties of the Agriculture and Rural Development Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Point c Clause 3 Article 60 regarding advertising on boards, banners not complying with regulations on dike areas; and the violations stipulated in Articles 67, 75, 76, 77, 77a and 78 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

đ) The persons authorized to impose administrative penalties of the Construction Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Clause 3 Article 22; placing, hanging, pasting, painting advertisements on public greenery trees as stipulated in Clause 1 Article 51; Clauses 5, 6 and 7 Article 60 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

e) The persons authorized to impose administrative penalties of the Transport Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Clause 3 Article 35; operating without a vehicle registration certificate or a technical safety certificate for the vehicle as stipulated in Clause 2 Article 36; Point a Clause 1 Article 39; failing to comply with reporting requirements for tourist transportation as stipulated in Point b Clause 1, Clauses 2, 3, 4, 5, Point c and Point d Clause 6 and Clause 7 Article 48; Point b Clause 2 Article 51; advertising on boards, banners not complying with regulations on traffic safety zones; obstructing traffic signals; setting up obstacles across roads as stipulated in Point c Clause 3 Article 60; Article 61; Point b Clause 3 Article 66 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

g) The persons authorized to impose administrative penalties of the Science and Technology Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Clause 2 Article 36 of this Decree regarding the use of measuring instruments and equipment without a certificate of conformity to measurement quality standards within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

h) The persons authorized to impose administrative penalties of the Labor, Invalids and Social Affairs Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Point c Clause 3, Point d Clause 4 Article 42; Point a Clause 3 Article 44 and Article 49 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers;

i) The persons authorized to impose administrative penalties of the Natural Resources and Environment Inspectorate are responsible for imposing administrative penalties and applying measures to remedy consequences for administrative violations stipulated in Point b Clause 5 Article 23; Point c Clause 3 Article 35; failing to comply with environmental protection reporting requirements for tourism authorities as stipulated in Point b Clause 1 Article 48; Point a Clause 1 Article 62 of this Decree within the scope of authority prescribed in Article 81 of this Decree and their assigned functions, tasks, and powers.

59. Supplement Articles 83a, 83b, 83c and 83d as follows:

"Article 83a. Authority to impose administrative penalties of the Border Guard

1. Border Guard soldiers performing official duties have the right:

a) To issue warnings;

b) A fine of VND 500,000.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) A fine of VND 2,500,000.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) A fine of up to VND 10,000,000 for administrative violations in the field of culture.

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

4. The Commander-in-Chief of the Border Guard Force at the provincial level, the Commander-in-Chief of the Border Guard Sea Battalion under the Border Guard Command, have the authority:

a) To issue warnings;

b) To impose a fine up to 50,000,000 dong for administrative violations in the field of culture.

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 the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

Article 83b. The Authority to Impose Administrative Sanctions of the Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong for administrative violations in the field of culture.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) To impose a fine of 2,500,000 dong for administrative violations in the field of culture.

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

a) To issue warnings;

b) To impose a fine of 5,000,000 dong for administrative violations in the field of culture;

c) Apply the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) A fine of up to VND 10,000,000 for administrative violations in the field of culture.

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to 15,000,000 dong for administrative violations in the field of culture;

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to 25,000,000 dong for administrative violations in the field of culture;

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points a and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to 50,000,000 dong for administrative violations in the field of culture.

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 the measures to remedy consequences specified in points a, b, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

Article 83c. The Authority to Impose Administrative Sanctions of Customs

1. Customs officials performing official duties have the right to:

a) To issue warnings;

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

2. The Team Leader of the Customs Sub-Department, the Team Leader of the Post-Clearance Inspection Sub-Department have the authority:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Director of the Customs Sub-Department, the Director of the Post-Clearance Inspection Sub-Department, the Team Leader of the Control Team under the Provincial, Inter-Provincial, Central City Customs Department, the Team Leader of the Anti-Smuggling Control Team, the Team Leader of the Customs Procedures Team, the Sea Control Squadron Leader, and the Team Leader of the Intellectual Property Protection Team under the Anti-Smuggling Investigation Department of the General Customs Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Clearance Inspection Department under the General Customs Department, the Director of the Provincial, Inter-Provincial, Central City Customs Department 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 objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) Apply the measures to remedy consequences specified in points đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

b) To impose a fine up to 50,000,000 dong for administrative violations in the field of culture.

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in points đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

Article 83d. The Authority to Impose Administrative Sanctions of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

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

2. The Head of the Market Management Team has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the measures to remedy consequences specified in points a, đ, e, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

3. The Director of the Market Management Sub-Department under the Industry and Trade Department, the Head of the Anti-Smuggling Department, the Head of the Counterfeit Goods Department, the Head of the Product Quality Supervision Department under the Market Management Department have the authority:

a) To issue warnings;

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

c) Confiscate contraband goods and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

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

đ) Apply the measures to remedy consequences specified in points a, đ, e, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.

4. The Director of the Market Management Department has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000 for administrative violations in the cultural, sports, and tourism sector; impose fines up to VND 100,000,000 for administrative violations in the advertising sector;

c) To confiscate objects and means of administrative violations;

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

đ) Apply the measures to remedy consequences specified in points a, đ, e, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 2 of this Decree.”

Article 3. Abolish provisions and replace phrases

1. Abolish Point b Clause 1 and Point b Clause 2 Article 10; Point b Clause 4 Article 13; Point c Clause 5 Article 23; Point c Clause 2 Article 24; Clause 2 and Clause 3 Article 38; Point d Clause 1, Point a and Point b Clause 2, Point b Clause 3 Article 42; Point a Clause 7 Article 44; Point a Clause 6 Article 51; Point đ and Point e Clause 2 Article 66 and Point b Clause 2 Article 76 of Decree No. 158/2013/NĐ-CP dated November 12, 2013 of the Government stipulating administrative penalties for violations in the fields of culture, sports, tourism, and advertising.

2. Replace the phrase "on the Internet environment" with the phrase "on the online environment" in Clause 3 Article 3, Point b Clause 3 Article 10, Clause 2 Article 12, Clause 2 Article 15, Clause 2 Article 18, Point b Clause 3 Article 21, Point b Clause 3 Article 22, Clause 2 Article 23, Clause 2 Article 24, Clause 2 Article 25, Clause 2 Article 26, Clause 2 Article 27, Clause 2 Article 28, Clause 4 Article 29, Clause 2 Article 30, Clause 2 Article 31, Clause 2 Article 32, Clause 2 Article 33 and Clause 3 Article 34 of Decree No. 131/2013/NĐ-CP dated October 16, 2013 of the Government stipulating administrative penalties for copyright and related rights violations.

Article 4. Effectiveness of the Decree

1. This Decree takes effect from May 5, 2017.

2. For administrative violations concerning copyright, related rights, and administrative violations in the fields of culture, sports, tourism, and advertising occurring before this Decree takes effect but discovered or under consideration for resolution thereafter, the most favorable provisions shall apply to the violators.

Article 5. Responsibility for Implementing the Decree

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

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.