Decree No. 47/2009/ND-CP on administrative sanctions for violations concerning copyright and related rights.

DECREE

Provisions on administrative penalties for violations concerning copyright and related rights

______________________

THE GOVERNMENT

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

Pursuant to the Civil Code dated June 14, 2005;

Based on the Intellectual Property Law dated November 29, 2005;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates administrative penalties for violations concerning copyright and related rights committed by organizations and individuals intentionally or negligently violating the provisions of the law on copyright and related rights that are not criminal offenses and must be subject to administrative penalties under this Decree.

2. Administrative violations concerning copyright and related rights as prescribed in this Decree include acts violating the provisions of the Civil Code and the Intellectual Property Law regarding copyright and related rights.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals, and foreign organizations and individuals who commit administrative violations concerning copyright and related rights within the territory of the Socialist Republic of Vietnam.

Article 3. Forms of Penalty

1. Main forms of penalty: each violation committed by an organization or individual shall be subject to one of two main forms of penalty, namely warning or fine.

2. Supplementary forms of penalty include:

a) Seizure of goods infringing copyright and related rights, raw materials, materials, means, and equipment used to produce and trade in goods infringing copyright and related rights;

b) Suspension of business, consulting, and service activities for a period of from ninety to one hundred eighty days;

c) Seizure of Copyright Registration Certificates, Related Rights Registration Certificates, and other relevant documents that have been altered, erased, falsified, or revoked;

d) Revocation of the Copyright Expert Certification Card and Related Rights Expert Certification Card.

Clause 1. The measures to remedy consequences as stipulated at Points a, b, c, d, đ, e, g, h, and i of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

In addition to the forms of penalty prescribed in Article 3 of this Decree, violators may also be compelled to apply one or more of the following remedial measures:

1. Compel restoration of the right to be named, titled, introduced, and protected against infringement of the integrity of the work, performance, sound recording, audiovisual recording, and broadcasting program;

2. Compel destruction of goods infringing copyright and related rights;

3. Compel destruction or distribution or use of raw materials, materials, and means used to produce goods infringing copyright and related rights, provided that such actions do not affect the exploitation of the rights of the copyright and related rights holders;

4. Compel removal from the territory of Vietnam or re-exportation of:

a) Transit and imported goods infringing copyright and related rights;

b) Means, equipment, raw materials, and materials imported for producing and trading unauthorized copies without permission from the copyright and related rights holders or their collective management organizations;

c) Transit and imported equipment used to render ineffective technical measures implemented by the copyright and related rights owners to protect their rights.

5. Compel recovery of confiscated infringing objects and means;

6. Compel removal of original or copied works, performances, sound recordings, audiovisual recordings, and broadcasting programs illegally transmitted on digital networks;

7. Compel removal of electronically reproduced copies of works, performances, sound recordings, audiovisual recordings, and broadcasting programs.

Article 5. Statute of limitations for administrative penalties, period considered as not having been penalized

1. The statute of limitations for administrative violations concerning copyright and related rights is two years, counted from the date the administrative violation was committed. If this period has passed, individuals or organizations that have committed the violation will not be subject to administrative penalties but may be subject to measures to remedy consequences as stipulated in Article 4 of this Decree.

2. Individuals who are indicted, prosecuted, or have a decision to bring the case to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or terminate the case shall be subject to administrative penalties if their actions indicate administrative violations; the statute of limitations for administrative penalties is three months, counted from the date the competent authority receives the decision to terminate the investigation and the case file of the violation.

3. Within the time limit prescribed in Clause 1 and Clause 2 of this Article, if organizations or individuals commit new administrative violations or intentionally evade or obstruct the penalty process, the statute of limitations prescribed in Clause 1 and Clause 2 of this Article shall not apply. The statute of limitations for administrative penalties shall be recalculated from the date of the new administrative violation or the date when the act of evading or obstructing the penalty process ceases.

4. Individuals or organizations subject to administrative penalties concerning copyright and related rights, if they do not reoffend within one year from the date of completion of the penalty decision or from the date the enforcement period of the penalty decision expires, shall be considered as not having been subject to administrative penalties.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS AND AMOUNTS OF FINES

Article 6. Violations regarding registration

1. Warning or a fine of VND 200,000 to VND 500,000 for the act of providing false information in the application form to obtain a Copyright Registration Certificate or Related Rights Registration Certificate.

2. A fine of VND 3,000,000 to VND 5,000,000 for the act of failing to return the Copyright Registration Certificate or Related Rights Registration Certificate when the competent authority has decided to revoke its validity and recover it.

3. A fine of VND 5,000,000 to VND 10,000,000 for the act of forging documents to obtain a Copyright Registration Certificate or Related Rights Registration Certificate.

4. A fine of VND 10,000,000 to VND 15,000,000 for the act of using a Copyright Registration Certificate or Related Rights Registration Certificate in transactions or other relationships when the competent authority has decided to revoke its validity and recover it.

5. Additional forms of punishment:

Seize the Copyright Registration Certificate, Related Rights Registration Certificate, and other related documents that have been altered, erased, forged, or revoked.

Article 7. Violations concerning the activities of collective representation organizations

1. A fine of VND 1,000,000 to VND 2,000,000 for collective representation organizations conducting activities outside the scope of the copyright and related rights agency agreement with the right holders.

2. A fine of VND 5,000,000 to VND 10,000,000 for collective representation organizations conducting activities outside the fields registered with the competent state authorities.

3. A fine of VND 10,000,000 to VND 15,000,000 for the act of impersonating a collective representation organization to carry out activities related to the functions and responsibilities of a collective representation organization for copyright and related rights.

Article 8. Violations in the activities of forensic examination concerning copyright and related rights

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals with the function of forensic examination concerning copyright and related rights who commit any of the following acts:

a) Failure to comply with the provisions on the procedures and formalities for forensic examination;

b) Failure to fulfill obligations towards organizations and individuals requesting forensic examination;

c) Accepting and conducting forensic examination in cases where they must refuse to conduct such examination according to the law;

d) Issuing a forensic conclusion that is not truthful, a conclusion without sufficient grounds, or grounds that are inconsistent with the case;

đ) Disclosing confidential information obtained during the forensic examination without permission from the relevant parties.

2. Additional forms of punishment:

Suspension of the right to use the Copyright Forensic Examiner Card for a period of 180 days to 360 days or indefinitely for individuals who violate the provisions stipulated in Clause 1 of this Article.

Article 9. Violations in the activities of advisory and service organizations

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of providing advisory and service activities outside the scope of the agency agreement with the copyright and related rights holders.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on advisory and service organizations operating without meeting the conditions prescribed by law.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of providing advisory and service activities outside the scope registered with the competent state authority.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of impersonating an advisory and service organization to carry out advisory and service activities concerning copyright and related rights.

5. Additional forms of punishment:

Suspension of advisory and service activities for a period of 90 days to 180 days for advisory and service organizations that violate the provisions stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 10. Illegal obstruction of state management activities, inspection, and supervision concerning copyright and related rights

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed on organizations and individuals who fail to present or present incomplete documents, information, or data to the state management agency concerning copyright and related rights or to authorized persons when requested.

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

a) Refusing to comply with decisions or requests for inspection or supervision made by authorized organizations or individuals;

b) Failing to provide documents, data, or providing incomplete or false information for inspection or supervision as required by authorized organizations or individuals;

c) Causing difficulties and obstructing inspections and supervisions conducted by authorized organizations and individuals.

3. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following acts:

a) Insulting, defaming, or humiliating authorized persons conducting inspections and supervisions.

b) Delaying, evading, or failing to implement administrative decisions of persons with authority, not fulfilling requirements, conclusions, or decisions of inspection or supervision.

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

a) Unauthorized removal, destruction of seals, unauthorized alteration of the scene, change in quantity or type of goods which are infringing objects under inspection, sealing, or temporary detention concerning copyright and related rights;

b) Disposing of or destroying infringing objects, means of transportation under inspection.

5. Measures to remedy consequences:

Order the recovery of the objects disposed of as provided in point a of Clause 4 of this Article.

Article 11. Acts of transporting goods violating copyright and related rights

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of transporting goods violating copyright and related rights.

2. Additional forms of punishment:

Confiscation of goods violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of goods violating the provisions of Clause 1 of this Article;

b) Order the export of goods passing through Vietnam in violation of regulations or re-export of goods in violation of regulations, raw materials, materials, means of transportation, and equipment imported for the production and business of goods violating the provisions of Clause 1 of this Article.

Article 12. Acts of storing or harboring goods infringing copyright and related rights

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for acts of storing or harboring goods infringing copyright and related rights.

2. Additional forms of punishment:

Confiscation of goods violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of goods violating the provisions of Clause 1 of this Article.

b) Order the re-exportation of goods violating the provisions of Clause 1 of this Article, raw materials, materials, means, and equipment imported for the production and business of such goods.

Article 13. Acts of advertising goods infringing copyright and related rights

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for acts of advertising on signs, billboards, dedicated advertising screens, banners, and similar forms; on other media.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for acts of advertising on transportation media.

3. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for acts of advertising in publications, printed newspapers, and other printed materials.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts of advertising on broadcasting media, including digital media.

5. Additional forms of punishment:

Confiscate the objects and means used to commit violations stipulated in Clauses 1, 2, 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

Order the removal of the content of advertisements violating the provisions of Clauses 1, 2, 3, and Clause 4 of this Article.

Article 14. Acts of infringing the right to attribution and integrity of authorship

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for acts of reasonably quoting another person's work in one's own work without indicating the author's name and source of the work.

2. A fine of VND 500,000 to VND 2,000,000 shall be imposed for acts of using a work without indicating the real name or pseudonym of the author, the title of the work, or incorrectly indicating the real name or pseudonym of the author, the title of the work as prescribed by law.

3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for acts of using a work without indicating the real name or pseudonym of the author, the title of the work, or incorrectly indicating the real name or pseudonym of the author, the title of the work on sound recordings, audiovisual works, broadcast programs with fixed form, and other products as prescribed by law.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for acts of impersonating the author or forging the author's signature.

5. Additional forms of punishment:

Confiscate goods violating the provisions, raw materials, materials, means, and equipment used for producing and trading goods violating the provisions of Clauses 1, 2, 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

a) Order the restoration of the right to attribution and integrity stipulated in Clauses 1, 2, and Clause 3 of this Article.

b) Order the destruction of goods violating the provisions; order the destruction or use of raw materials, materials, means, and equipment used for producing goods violating the provisions of Clause 4 of this Article.

Article 15. Acts of infringing the right to protect the integrity of the work

1. A fine of VND 3,000,000 to VND 10,000,000 shall be imposed for acts of modifying or excerpting a work in any form without the author's consent.

2. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for acts of modifying, excerpting, or distorting a work in any form that harms the reputation and prestige of the author.

3. Additional forms of punishment:

Confiscate goods violating the provisions, raw materials, materials, means, and equipment used for producing and trading goods violating the provisions of Clauses 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Order the destruction of goods violating the provisions; order the destruction or use of raw materials, materials, means, and equipment used for producing goods violating the provisions of Clauses 1 and Clause 2 of this Article.

Article 16. Acts Infringing the Right to Publish Works

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on the act of publishing for the first time a work of co-authors or co-owners of copyright without the permission of other co-authors, other co-owners of copyright, or the collective rights management organization as prescribed by law.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the act of publishing for the first time a work without the permission of the author, co-authors, owner of copyright, co-owner of copyright, or the collective rights management organization as prescribed by law.

3. Additional forms of punishment:

Seize goods that violate the provisions of Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of goods that violate the provisions of Clause 1 and Clause 2 of this Article;

b) Order the removal of copies of works in electronic form on the Internet, in electronic information devices and other devices as prescribed in Clause 1 and Clause 2 of this Article.

Article 17. Acts Infringing the Right to Create Derivative Works

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of creating derivative works without the permission of other co-authors, other co-owners of copyright, or the collective rights management organization as prescribed by law.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of creating derivative works without the permission of the author, co-authors, owner of copyright, co-owner of copyright, or the collective rights management organization as prescribed by law.

3. Additional forms of punishment:

Seize works created due to violations as prescribed in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Order the destruction of works created due to violations as prescribed in Clause 1 and Clause 2 of this Article.

Article 18. Acts Infringing the Right to Perform Works Publicly

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of using a work for direct performance without the consent of other co-owners of copyright or the collective rights management organization as prescribed by law.

2. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed on the act of using a work for direct performance without the consent of the owner of copyright, co-owners of copyright, or the collective rights management organization as prescribed by law.

3. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed on the act of using a work for performance through sound recordings, film recordings, or any technical means accessible to the public without the consent of the owner of copyright or the collective rights management organization as prescribed by law.

4. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the act of using a work for performance through sound recordings, film recordings, or any technical means accessible to the public without permission from other co-owners of copyright or the collective rights management organization as prescribed by law.

5. Additional forms of punishment:

a) Seize goods that violate the provisions of Clause 3 and Clause 4 of this Article;

b) Suspend business operations for ninety to one hundred eighty days for organizations or individuals who commit acts as prescribed in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

a) Order the destruction of goods that violate the provisions of Clause 3 and Clause 4 of this Article.

b) Order the removal of copies of works in electronic form on the Internet, in electronic information devices and other devices as prescribed in Clause 3 and Clause 4 of this Article.

Article 19. Acts infringing upon the right to lease original or copied works of cinematographic works or computer programs

1. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed on acts of leasing cinematographic works or computer programs without permission from other co-right owners or collective rights management organizations as prescribed by law.

2. A fine of from VND 25,000,000 to VND 50,000,000 shall be imposed on acts of leasing cinematographic works or computer programs without permission from the copyright owner, co-copyright owners, or collective rights management organizations as prescribed by law.

3. Additional forms of punishment:

a) Seizure of infringing goods, means, and equipment used to commit the acts stipulated in Clause 1 and Clause 2 of this Article;

b) Suspension of business operations for from ninety to one hundred eighty days for organizations and individuals committing the acts stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compulsory destruction of infringing goods; compulsory destruction or utilization of means and equipment used to produce infringing goods as stipulated in Clause 1 and Clause 2 of this Article;

b) Order the removal of copies of works in electronic form on the Internet, in electronic information devices and other devices as prescribed in Clause 1 and Clause 2 of this Article.

Article 20. Acts infringing upon the right to distribute works through sale

Acts of distributing works through sale without permission from the copyright owner or collective rights management organizations shall be punished as follows:

1. A fine of from VND 500,000 to VND 1,500,000 in cases where the value of infringing goods does not exceed VND 5,000,000;

2. A fine of from VND 1,500,000 to VND 2,500,000 in cases where the value of infringing goods ranges from over VND 5,000,000 to VND 10,000,000;

3. A fine of from VND 2,500,000 to VND 5,000,000 in cases where the value of infringing goods ranges from over VND 10,000,000 to VND 20,000,000;

4. A fine of from VND 5,000,000 to VND 10,000,000 in cases where the value of infringing goods ranges from over VND 20,000,000 to VND 30,000,000;

5. A fine of from VND 10,000,000 to VND 15,000,000 in cases where the value of infringing goods ranges from over VND 30,000,000 to VND 50,000,000;

6. A fine of from VND 15,000,000 to VND 25,000,000 in cases where the value of infringing goods ranges from over VND 50,000,000 to VND 100,000,000;

7. A fine of from VND 25,000,000 to VND 50,000,000 in cases where the value of infringing goods ranges from over VND 100,000,000 to VND 200,000,000;

8. A fine of from VND 50,000,000 to VND 100,000,000 in cases where the value of infringing goods ranges from over VND 200,000,000 to VND 300,000,000;

9. A fine of from VND 100,000,000 to VND 150,000,000 in cases where the value of infringing goods ranges from over VND 300,000,000 to VND 400,000,000;

10. A fine of from VND 150,000,000 to VND 200,000,000 in cases where the value of infringing goods ranges from over VND 400,000,000 to VND 500,000,000;

11. A fine of from VND 200,000,000 to VND 250,000,000 in cases where the value of infringing goods exceeds VND 500,000,000.

12. Additional forms of punishment:

Seizure of infringing goods and means used to commit the acts stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article;

13. Measures to remedy consequences:

a) Compulsory destruction of infringing goods; compulsory destruction or utilization of raw materials, materials, means, and equipment used to produce infringing goods as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article;

b) Compulsory removal of electronic copies of works on the Internet, in electronic computing devices, and other devices as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

Article 21. Acts Infringing the Right to Import Originals or Copies of Works

1. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed on acts of importing originals or copies of works without permission from other co-right owners or collective rights management organizations as prescribed by law.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on acts of importing originals or copies of works without permission from right owners, co-right owners, or collective rights management organizations as prescribed by law.

3. Additional forms of punishment:

Seize goods that violate the provisions of Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of goods violating the provisions of Clause 1 and Clause 2 of this Article.

b) Order the removal of goods in transit that violate the provisions of Clause 1 and Clause 2 of this Article out of the territory of Vietnam, or order the re-exportation of goods violating the provisions of Clause 1 and Clause 2 of this Article.

Article 22. Acts Infringing the Right to Communicate Works to the Public

1. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on acts of communicating works to the public without permission from other co-right owners or collective rights management organizations as prescribed by law.

2. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed on acts of communicating works to the public without permission from right owners, co-right owners, or collective rights management organizations as prescribed by law.

3. Additional forms of punishment:

a) Confiscate means and equipment used to commit the acts provided for in Clause 1 and Clause 2 of this Article.

b) Suspend business or service operations of organizations or individuals committing the acts provided for in Clause 1 and Clause 2 of this Article for ninety to one hundred eighty days.

4. Measures to remedy consequences:

a) Order the destruction or use of means and equipment violating the provisions of Clause 1 and Clause 2 of this Article.

b) Order the removal of copies of works in electronic form on the Internet, in electronic information devices and other devices as prescribed in Clause 1 and Clause 2 of this Article.

Article 23. Acts Infringing the Right to Reproduce Works

Acts of reproducing works without permission from right owners or collective rights management organizations shall be punished as follows:

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed if the value of infringing goods does not exceed VND 5,000,000.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed if the value of infringing goods exceeds VND 5,000,000 but does not exceed VND 10,000,000.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed if the value of infringing goods exceeds VND 10,000,000 but does not exceed VND 20,000,000.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed if the value of infringing goods exceeds VND 20,000,000 but does not exceed VND 30,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed if the value of infringing goods exceeds VND 30,000,000 but does not exceed VND 50,000,000.

6. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed if the value of infringing goods exceeds VND 50,000,000 but does not exceed VND 100,000,000.

7. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed if the value of infringing goods exceeds VND 100,000,000 but does not exceed VND 200,000,000.

8. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed if the value of infringing goods exceeds VND 200,000,000 but does not exceed VND 300,000,000.

9. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed if the value of infringing goods exceeds VND 300,000,000 but does not exceed VND 400,000,000.

10. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed if the value of infringing goods exceeds VND 400,000,000 but does not exceed VND 500,000,000.

11. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed if the value of infringing goods exceeds VND 500,000,000.

12. Additional forms of punishment:

Confiscate infringing goods, means used to commit the acts provided for in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means, and equipment violating the provisions of Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

b) Order the removal of infringing work copies in electronic form on the Internet, in electronic information devices, and other devices provided for in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

Article 24. Acts of creating works with the author's signature being forged

1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for the act of creating a work with the author's signature being forged.

2. Additional forms of punishment:

Seize goods in violation, raw materials, materials, means, and equipment used to produce goods in violation as stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

Order the destruction of goods in violation; order the destruction or use of raw materials, materials, means, and equipment in violation as stipulated in Clause 1 of this Article.

Article 25. Acts of selling works with the author's signature being forged

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of selling a work with the author's signature being forged.

2. Additional forms of punishment:

Confiscation of goods violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

Order the destruction of goods in violation as stipulated in Clause 1 of this Article.

Article 26. Acts of infringing upon the right to apply technological measures for self-protection of copyright

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for the intentional act of canceling or rendering ineffective technical measures implemented by the copyright owner to protect their copyright over the work.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for the intentional act of deleting or altering electronic management information attached to the original or copy of the work.

3. A fine of VND 30,000,000 to VND 60,000,000 shall be imposed for the act of producing, assembling, modifying, distributing, importing, exporting, selling, or renting equipment that renders ineffective technical measures implemented by the copyright owner to protect their copyright over the work.

4. Additional forms of administrative punishment:

Seize raw materials, materials, means, and equipment used to carry out acts as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Order the destruction or use of raw materials, materials, means, and equipment in violation as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

b) Order the removal from the territory of Vietnam of transiting equipment in violation or re-exportation of equipment in violation as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 27. Acts of appropriating copyright

1. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of appropriating one of the following personal rights:

a) The right to name the work;

b) The right to sign the real name or pen name on the work; to state the real name or pen name when the work is published or used;

c) The right to publish the work;

d) The right to protect the integrity of the work.

2. A fine of VND 200,000,000 to VND 500,000,000 shall be imposed for the act of appropriating one of the following property rights:

a) The right to create derivative works;

b) The right to perform the work publicly;

c) The right to reproduce the work;

d) The right to distribute, import the original or copy of the work;

đ) The right to communicate the work to the public through wired, wireless, internet, or any other technical means;

e) The right to rent the original or copy of cinematographic works or computer programs.

3. Additional forms of punishment:

a) Seize goods in violation, raw materials, materials, means, and equipment used to produce and trade goods in violation as stipulated at point c Clause 1 and Clause 2 of this Article.

b) Suspend business operations and services for 90 to 180 days for organizations and individuals who commit acts as stipulated at point c Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of goods in violation; order the destruction or use of raw materials, materials, means, and equipment used to carry out acts as stipulated at point c Clause 1 and Clause 2 of this Article.

b) Order the removal of the original, copy of the work in electronic form on the Internet, in electronic devices and other devices as stipulated in Clause 1 and Clause 2 of this Article.

Article 28. Acts Infringing upon the Right to be Credited as Performer

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for the act of not crediting or incorrectly crediting the name of the performer during performance.

2. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed for the act of not crediting or incorrectly crediting the name of the performer on sound recordings, audiovisual recordings, or broadcast programs.

3. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed for the act of impersonating a performer to perform.

4. Additional forms of administrative punishment:

Seize goods violating the provisions of Clause 2 of this Article.

5. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means, and equipment used to commit the acts provided for in Clause 2 of this Article.

b) Order the removal of original copies or reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices as provided for in Clause 2 of this Article.

Article 29. Acts Infringing upon the Right to Protect the Integrity of the Performance

1. A fine of from VND 3,000,000 to VND 10,000,000 shall be imposed for the act of altering or cutting without the consent of the performer in any manner that violates the right to protect the integrity of the performance.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of distorting the image of the performance in any manner.

3. Additional forms of punishment:

Seize infringing goods, raw materials, materials, means used to produce and trade in infringing goods as provided for in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of goods violating the provisions of Clause 1 and Clause 2 of this Article.

b) Order the removal of reproductions in electronic form on the Internet, in electronic computing devices, and other devices as provided for in Clause 1 and Clause 2 of this Article.

Article 30. Acts Infringing upon the Right to Fix the Performance Directly

1. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed for the act of fixing the direct performance on sound recordings or audiovisual recordings without the permission of the owner of the rights or the collective management organization representing related rights.

2. Additional forms of punishment:

Seize the fixed performance, means used to fix the performance for the act provided for in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of the fixed performance for the act provided for in Clause 1 of this Article.

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices as provided for in Clause 1 of this Article.

Article 31. Acts Infringing upon the Right to Make Direct or Indirect Copies of the Performance

The act of making direct or indirect copies of a performance that has been fixed on sound recordings or audiovisual recordings without the permission of the owner of the rights or the collective management organization representing related rights shall be punished as follows:

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed if the value of infringing goods does not exceed VND 5,000,000.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed if the value of infringing goods exceeds VND 5,000,000 but does not exceed VND 10,000,000.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed if the value of infringing goods exceeds VND 10,000,000 but does not exceed VND 20,000,000.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed if the value of infringing goods exceeds VND 20,000,000 but does not exceed VND 30,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed if the value of infringing goods exceeds VND 30,000,000 but does not exceed VND 50,000,000.

6. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed if the value of infringing goods exceeds VND 50,000,000 but does not exceed VND 100,000,000.

7. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed if the value of infringing goods exceeds VND 100,000,000 but does not exceed VND 200,000,000.

8. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed if the value of infringing goods exceeds VND 200,000,000 but does not exceed VND 300,000,000.

9. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed if the value of infringing goods exceeds VND 300,000,000 but does not exceed VND 400,000,000.

10. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed if the value of infringing goods exceeds VND 400,000,000 but does not exceed VND 500,000,000.

11. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed if the value of infringing goods exceeds VND 500,000,000.

12. Additional forms of punishment:

Confiscate infringing goods, means used to commit the acts provided for in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means, and equipment violating the provisions of Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11 of this Article.

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 32. Acts Infringing upon the Right to Communicate the Performance to the Public by Broadcasting or Otherwise Before It Has Been Fixed

1. A fine of from VND 30,000,000 to VND 70,000,000 shall be imposed for the act of broadcasting or communicating the performance to the public by other means before it has been fixed without the permission of the owner of the rights or the collective management organization representing related rights, except where the performance is intended for broadcasting.

2. Additional forms of punishment:

Seize the infringing fixed performance, raw materials, materials, means, and equipment used to commit the acts provided for in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of the infringing fixed performance; order the destruction or use of raw materials, materials, means, and equipment used to commit the acts provided for in Clause 1 of this Article;

b) Order the removal of reproductions of the performance in electronic form on the Internet, in electronic computing devices, and other devices as provided for in Clause 1 of this Article.

Article 33. Acts Infringing on the Right to Distribute to the Public the Original or Reproductions of Performances

An act of distributing to the public the original or reproductions of performances without the consent of the rights owner or related rights collective management organization shall be subject to the following penalties:

1. A fine of from VND 500,000 to VND 1,500,000 in cases where the value of infringing goods does not exceed VND 5,000,000;

2. A fine of from VND 1,500,000 to VND 2,500,000 in cases where the value of infringing goods ranges from over VND 5,000,000 to VND 10,000,000;

3. A fine of from VND 2,500,000 to VND 5,000,000 in cases where the value of infringing goods ranges from over VND 10,000,000 to VND 20,000,000;

4. A fine of from VND 5,000,000 to VND 10,000,000 in cases where the value of infringing goods ranges from over VND 20,000,000 to VND 30,000,000;

5. A fine of from VND 10,000,000 to VND 15,000,000 in cases where the value of infringing goods ranges from over VND 30,000,000 to VND 50,000,000;

6. A fine of from VND 15,000,000 to VND 25,000,000 in cases where the value of infringing goods ranges from over VND 50,000,000 to VND 100,000,000;

7. A fine of from VND 25,000,000 to VND 50,000,000 in cases where the value of infringing goods ranges from over VND 100,000,000 to VND 200,000,000;

8. A fine of from VND 50,000,000 to VND 100,000,000 in cases where the value of infringing goods ranges from over VND 200,000,000 to VND 300,000,000;

9. A fine of from VND 100,000,000 to VND 150,000,000 in cases where the value of infringing goods ranges from over VND 300,000,000 to VND 400,000,000;

10. A fine of from VND 150,000,000 to VND 200,000,000 in cases where the value of infringing goods ranges from over VND 400,000,000 to VND 500,000,000;

11. A fine of VND 200,000,000 to VND 250,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 34. Acts Infringing on the Right to Directly or Indirectly Reproduce Sound Recordings and Audiovisual Fixations

An act of reproducing or excerpting sound recordings and audiovisual fixations without permission from the rights owner or related rights collective management organization shall be subject to the following penalties:

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed if the value of infringing goods does not exceed VND 5,000,000.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed if the value of infringing goods exceeds VND 5,000,000 but does not exceed VND 10,000,000.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed if the value of infringing goods exceeds VND 10,000,000 but does not exceed VND 20,000,000.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed if the value of infringing goods exceeds VND 20,000,000 but does not exceed VND 30,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed if the value of infringing goods exceeds VND 30,000,000 but does not exceed VND 50,000,000.

6. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed if the value of infringing goods exceeds VND 50,000,000 but does not exceed VND 100,000,000.

7. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed if the value of infringing goods exceeds VND 100,000,000 but does not exceed VND 200,000,000.

8. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed if the value of infringing goods exceeds VND 200,000,000 but does not exceed VND 300,000,000.

9. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed if the value of infringing goods exceeds VND 300,000,000 but does not exceed VND 400,000,000.

10. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed if the value of infringing goods exceeds VND 400,000,000 but does not exceed VND 500,000,000.

11. A fine of VND 400,000,000 to VND 500,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 35. Acts Infringing on the Right to Distribute to the Public the Original or Reproductions of Sound Recordings and Audiovisual Fixations

An act of distributing sound recordings and audiovisual fixations without permission from the rights owner or related rights collective management organization shall be subject to the following penalties:

1. A fine of from VND 500,000 to VND 1,500,000 in cases where the value of infringing goods does not exceed VND 5,000,000;

2. A fine of from VND 1,500,000 to VND 2,500,000 in cases where the value of infringing goods ranges from over VND 5,000,000 to VND 10,000,000;

3. A fine of from VND 2,500,000 to VND 5,000,000 in cases where the value of infringing goods ranges from over VND 10,000,000 to VND 20,000,000;

4. A fine of from VND 5,000,000 to VND 10,000,000 in cases where the value of infringing goods ranges from over VND 20,000,000 to VND 30,000,000;

5. A fine of from VND 10,000,000 to VND 15,000,000 in cases where the value of infringing goods ranges from over VND 30,000,000 to VND 50,000,000;

6. A fine of from VND 15,000,000 to VND 25,000,000 in cases where the value of infringing goods ranges from over VND 50,000,000 to VND 100,000,000;

7. A fine of from VND 25,000,000 to VND 50,000,000 in cases where the value of infringing goods ranges from over VND 100,000,000 to VND 200,000,000;

8. A fine of from VND 50,000,000 to VND 100,000,000 in cases where the value of infringing goods ranges from over VND 200,000,000 to VND 300,000,000;

9. A fine of from VND 100,000,000 to VND 150,000,000 in cases where the value of infringing goods ranges from over VND 300,000,000 to VND 400,000,000;

10. A fine of from VND 150,000,000 to VND 200,000,000 in cases where the value of infringing goods ranges from over VND 400,000,000 to VND 500,000,000;

11. A fine of VND 200,000,000 to VND 250,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 36. Acts of Using Sound Recordings and Audiovisual Fixations for Commercial Purposes

1. A fine of VND 20,000,000 to VND 30,000,000 for using sound recordings and audiovisual fixations for commercial purposes without payment to the rights owner.

2. A fine of VND 30,000,000 to VND 50,000,000 for using sound recordings and audiovisual fixations for commercial purposes in restaurants, hotels, stores, supermarkets; karaoke service establishments, postal and telecommunications services, digital environments; in tourism, aviation, public transportation activities, and other commercial business activities without payment to the rights owner.

3. Additional forms of punishment:

Suspension of business operations and services violating from ninety to one hundred eighty days for organizations and individuals committing the acts prescribed in Clause 2 of this Article.

4. Measures to remedy consequences:

Order the removal of electronic copies of sound recordings and audiovisual fixations on the Internet, in computer electronic devices, and other devices prescribed in Clause 2 of this Article.

Article 37. Acts Infringing on the Rights to Publish, Produce, and Distribute Sound Recordings and Audiovisual Fixations

An act of publishing, producing, and distributing sound recordings and audiovisual fixations without permission from the rights owner or related rights collective management organization shall be subject to the following penalties:

1. A fine of from VND 500,000 to VND 1,500,000 in cases where the value of infringing goods does not exceed VND 5,000,000;

2. A fine of from VND 1,500,000 to VND 2,500,000 in cases where the value of infringing goods ranges from over VND 5,000,000 to VND 10,000,000;

3. A fine of from VND 2,500,000 to VND 5,000,000 in cases where the value of infringing goods ranges from over VND 10,000,000 to VND 20,000,000;

4. A fine of from VND 5,000,000 to VND 10,000,000 in cases where the value of infringing goods ranges from over VND 20,000,000 to VND 30,000,000;

5. A fine of from VND 10,000,000 to VND 15,000,000 in cases where the value of infringing goods ranges from over VND 30,000,000 to VND 50,000,000;

6. A fine of from VND 15,000,000 to VND 25,000,000 in cases where the value of infringing goods ranges from over VND 50,000,000 to VND 100,000,000;

7. A fine of from VND 25,000,000 to VND 50,000,000 in cases where the value of infringing goods ranges from over VND 100,000,000 to VND 200,000,000;

8. A fine of from VND 50,000,000 to VND 100,000,000 in cases where the value of infringing goods ranges from over VND 200,000,000 to VND 300,000,000;

9. A fine of from VND 100,000,000 to VND 150,000,000 in cases where the value of infringing goods ranges from over VND 300,000,000 to VND 400,000,000;

10. A fine of from VND 150,000,000 to VND 200,000,000 in cases where the value of infringing goods ranges from over VND 400,000,000 to VND 500,000,000;

11. A fine of VND 200,000,000 to VND 250,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 38. Acts Infringing on the Right to Broadcast and Rebroadcast Programs

1. A fine of VND 50,000,000 to VND 100,000,000 for broadcasting and rebroadcasting programs without permission from the rights owner or related rights collective management organization.

2. Additional forms of punishment:

Seizure of raw materials and materials used to commit the acts prescribed in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of infringing program master copies prescribed in Clause 1 of this Article;

b) Order the removal of electronic copies of infringing program master copies on the Internet, in computer electronic devices, and other devices prescribed in Clause 1 of this Article.

Article 39. Acts infringing upon the right to distribute programs to the public.

Acts infringing upon the right to distribute copies of programs without the permission of the rights owner or related collective rights organization shall be punished as follows:

1. A fine of from VND 500,000 to VND 1,500,000 in cases where the value of infringing goods does not exceed VND 5,000,000;

2. A fine of from VND 1,500,000 to VND 2,500,000 in cases where the value of infringing goods ranges from over VND 5,000,000 to VND 10,000,000;

3. A fine of from VND 2,500,000 to VND 5,000,000 in cases where the value of infringing goods ranges from over VND 10,000,000 to VND 20,000,000;

4. A fine of from VND 5,000,000 to VND 10,000,000 in cases where the value of infringing goods ranges from over VND 20,000,000 to VND 30,000,000;

5. A fine of from VND 10,000,000 to VND 15,000,000 in cases where the value of infringing goods ranges from over VND 30,000,000 to VND 50,000,000;

6. A fine of from VND 15,000,000 to VND 25,000,000 in cases where the value of infringing goods ranges from over VND 50,000,000 to VND 100,000,000;

7. A fine of from VND 25,000,000 to VND 50,000,000 in cases where the value of infringing goods ranges from over VND 100,000,000 to VND 200,000,000;

8. A fine of from VND 50,000,000 to VND 100,000,000 in cases where the value of infringing goods ranges from over VND 200,000,000 to VND 300,000,000;

9. A fine of from VND 100,000,000 to VND 150,000,000 in cases where the value of infringing goods ranges from over VND 300,000,000 to VND 400,000,000;

10. A fine of from VND 150,000,000 to VND 200,000,000 in cases where the value of infringing goods ranges from over VND 400,000,000 to VND 500,000,000;

11. A fine of VND 200,000,000 to VND 250,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 40. Acts infringing upon the right to shape programs for broadcasting

1. A fine of VND 20,000,000 to VND 50,000,000 for acts infringing upon the right to shape programs for broadcasting without the permission of the rights owner or related collective rights organization.

2. Additional forms of punishment:

Seize the infringing program shapes, materials, and substances used to commit the act stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the destruction of the infringing program shapes as prescribed in Clause 1 of this Article.

b) Order the removal of electronic copies of infringing program master copies on the Internet, in computer electronic devices, and other devices prescribed in Clause 1 of this Article.

Article 41. Acts infringing upon the right to copy programs for broadcasting

Acts copying program shapes without the permission of the rights owner or related collective rights organization shall be punished as follows:

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed if the value of infringing goods does not exceed VND 5,000,000.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed if the value of infringing goods exceeds VND 5,000,000 but does not exceed VND 10,000,000.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed if the value of infringing goods exceeds VND 10,000,000 but does not exceed VND 20,000,000.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed if the value of infringing goods exceeds VND 20,000,000 but does not exceed VND 30,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed if the value of infringing goods exceeds VND 30,000,000 but does not exceed VND 50,000,000.

6. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed if the value of infringing goods exceeds VND 50,000,000 but does not exceed VND 100,000,000.

7. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed if the value of infringing goods exceeds VND 100,000,000 but does not exceed VND 200,000,000.

8. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed if the value of infringing goods exceeds VND 200,000,000 but does not exceed VND 300,000,000.

9. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed if the value of infringing goods exceeds VND 300,000,000 but does not exceed VND 400,000,000.

10. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed if the value of infringing goods exceeds VND 400,000,000 but does not exceed VND 500,000,000.

11. A fine of VND 400,000,000 to VND 500,000,000 where the infringing goods have a value exceeding VND 500,000,000;

12. Additional forms of punishment:

Seizure of infringing goods, means of production used to commit the acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article.

13. Measures to remedy consequences:

a) Order the destruction of infringing goods; order the destruction or use of raw materials, materials, means of production, and equipment that violate the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

b) Order the removal of reproductions of works in electronic form on the Internet, in electronic computing devices, and other devices for the acts provided for in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Clause 11 of this Article;

Article 42. Acts of excerpting and combining programs for broadcasting

Acts of excerpting and combining programs for broadcasting without the permission of the rights owner or related collective rights organization shall be punished as follows:

1. A fine of VND 10,000,000 to VND 20,000,000 where the value of the infringing goods does not exceed VND 10,000,000;

2. A fine of VND 20,000,000 to VND 50,000,000 where the value of the infringing goods exceeds VND 10,000,000;

3. Additional forms of punishment:

Seize the infringing goods, materials, substances, means, and equipment used to commit the acts stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of the infringing goods; order the destruction or use of the materials, substances, means, and equipment used to commit the acts stipulated in Clause 1 and Clause 2 of this Article.

b) Order the removal of electronic copies of program shapes on the Internet, in electronic information devices, and other devices stipulated in Clause 1 and Clause 2 of this Article.

Article 43. Acts infringing upon the right to apply technological measures for self-protection of related rights

1. A fine of VND 5,000,000 to VND 15,000,000 for acts of removing or altering electronic rights management information without the permission of the related rights owner or related collective rights organization.

2. A fine of VND 15,000,000 to VND 30,000,000 for acts of intentionally destroying or rendering ineffective technical measures implemented by the related rights owner or related collective rights organization to protect their related rights.

3. A fine of VND 30,000,000 to VND 60,000,000 for acts of broadcasting, distributing, importing for distribution to the public performances, fixed performances, sound recordings, or audiovisual recordings when electronic rights management information has been removed or altered without the permission of the related rights owner or related collective rights organization.

4. A fine of VND 50,000,000 to VND 70,000,000 for acts of producing, assembling, modifying, distributing, importing, exporting, selling, or renting unauthorized satellite signal descrambling equipment carrying encoded programs.

5. A fine of VND 50,000,000 to VND 100,000,000 for intentional acts of receiving or distributing satellite signals carrying encoded programs without the permission of the lawful distributor.

6. Additional forms of punishment:

Seize the infringing goods, materials, substances, means, and equipment used to produce and trade in infringing goods as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order the destruction or use of the materials, substances, means, and equipment violating as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article;

b) Order the removal of original works, copies of works, performances, sound recordings, audiovisual recordings, broadcast programs in electronic form on the Internet, in electronic information devices, and other devices as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article;

c) Order the removal from the territory of Vietnam of transiting infringing equipment or re-export of infringing equipment as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 44. Acts of Appropriating Related Rights

1. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for acts of appropriating any of the following moral rights of performers:

a) The right to be named when performing, when reproducing sound recordings, video recordings, or broadcasting performances;

b) The right to protect the integrity of the performance image from unauthorized modification, cutting, or distortion in any form that harms the performer's reputation and prestige.

2. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for acts of appropriating any of the following economic rights of performers:

a) The right to fix the performance directly on sound recordings or video recordings;

b) The right to reproduce directly or indirectly the performance fixed on sound recordings or video recordings;

c) The right to broadcast or transmit in any other way to the public an unfixed performance that the public can access, except where the performance is intended for broadcasting;

d) The right to distribute to the public the original and copies of the performance through sale, rental, or distribution by any technical means accessible to the public.

3. A fine of VND 200,000,000 to VND 500,000,000 shall be imposed for acts of appropriating any of the following economic rights of producers of sound recordings or video recordings:

a) The right to reproduce directly or indirectly sound recordings or video recordings;

b) The right to distribute to the public the original and copies of sound recordings or video recordings through sale, rental, or distribution by any technical means accessible to the public.

4. A fine of VND 200,000,000 to VND 500,000,000 shall be imposed for acts of appropriating any of the following economic rights of broadcasting organizations:

a) The right to broadcast or rebroadcast programs;

b) The right to distribute to the public broadcasting programs;

c) The right to fix broadcasting programs;

d) The right to reproduce the fixed broadcasting programs.

5. Additional forms of punishment:

a) Confiscation of materials, substances, means, and equipment used to produce and trade infringing goods as stipulated in Clause 1, 2, 3, and Clause 4 of this Article;

b) Suspension of business operations and services for ninety to one hundred eighty days for individuals and organizations committing acts as stipulated in Clause 1, 2, 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compulsory destruction of infringing goods; compulsory destruction or utilization of materials, substances, means, and equipment used in violation of the provisions of Clause 1, 2, 3, and Clause 4 of this Article;

b) Compulsory removal of original works, backup copies of performances, sound recordings, video recordings, and broadcasting programs in electronic form on the Internet, in electronic information devices, and other devices for acts as stipulated in Clause 1, 2, 3, and Clause 4 of this Article.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 45. Competence to Impose Administrative Sanctions for Copyright and Related Rights Violations

1. Specialized inspectors under the Ministry of Culture, Sports and Tourism, Departments of Culture, Sports and Tourism performing their duties have the authority:

a) Issue a warning or impose a fine up to 500,000 VND;

b) To apply supplementary sanctions prescribed in point a, Clause 2, Article 3 of this Decree against objects and means used in administrative violations with a value up to VND 2,000,000;

c) To apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6, and Clause 7, Article 4 of this Decree.

2. Heads of Inspection Departments under Departments of Culture, Sports and Tourism have the authority:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) To apply supplementary sanctions prescribed in Clause 2, Article 3 of this Decree;

c) To apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6, and Clause 7, Article 4 of this Decree.

3. Heads of Inspection Departments under the Ministry of Culture, Sports and Tourism have the authority:

a) To impose warnings or fines up to the maximum limit of the penalty range prescribed in this Decree;

b) To apply supplementary sanctions prescribed in Clause 2, Article 3 of this Decree;

c) To apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6, and Clause 7, Article 4 of this Decree.

4. Chairpersons of People's Committees at commune level have the authority:

a) To issue a warning or impose a fine up to 2,000,000 VND;

b) To apply supplementary sanctions prescribed in point a, Clause 2, Article 3 of this Decree against objects and means used in administrative violations with a value up to VND 2,000,000;

c) To apply measures to remedy consequences prescribed in Clause 1, 2, 3, and Clause 5, Article 4 of this Decree.

5. Chairpersons of People's Committees at district level have the authority:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) To apply supplementary sanctions prescribed in Clause 2, Article 3 of this Decree;

c) To apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6, and Clause 7, Article 4 of this Decree.

6. Chairpersons of People's Committees at provincial level have the authority:

a) To impose warnings or fines up to the maximum limit of the penalty range prescribed in this Decree;

b) To apply supplementary sanctions prescribed in Clause 2, Article 3 of this Decree;

c) To apply measures to remedy consequences prescribed in Article 4 of this Decree.

7. Customs officers performing their duties have the authority to impose sanctions on acts violating copyright and related rights as prescribed in Clause 1, Article 34 of the Administrative Violation Handling Ordinance.

Heads of Enforcement Teams under Customs Branches, Heads of Enforcement Teams under Post-Customs Clearance Inspection Branches have the authority to impose sanctions on acts violating copyright and related rights as prescribed in Clause 2, Article 34 of the Administrative Violation Handling Ordinance.

Heads of Customs Branches, Heads of Post-Customs Clearance Inspection Branches, Heads of Control Teams under Provincial, Interprovincial, and Central City Customs Branches (hereinafter referred to as Provincial Customs Branches), Heads of Anti-Smuggling Control Teams and Sea Patrol Team Leaders under the Anti-Smuggling Investigation Department of the General Customs Department have the authority to impose sanctions on acts violating copyright and related rights as prescribed in points a and b, Clause 3, Article 34 of the Administrative Violation Handling Ordinance; to apply supplementary sanctions prescribed in point a, Clause 2, Article 3 of this Decree.

Heads of the Anti-Smuggling Investigation Department, Heads of Post-Customs Clearance Inspection Departments under the General Customs Department, Heads of Customs Branches have the authority to impose sanctions on acts violating copyright and related rights as prescribed in points a and b, Clause 4, Article 34 of the Administrative Violation Handling Ordinance; to apply supplementary sanctions prescribed in Clause 2, Article 3 of this Decree; to apply measures to remedy consequences prescribed in Clause 2, 3, 4, and Clause 5, Article 4 of this Decree.

8. Market Inspectors performing their duties have the authority to impose sanctions on acts violating copyright and related rights as prescribed in Clause 1, Article 37 of the Administrative Violation Handling Ordinance.

The Head of the Market Management Team has the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 2 Article 37 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in point a Clause 2 Article 3 of this Decree for objects and means used to commit administrative violations with a value up to 30,000,000 VND; apply measures to remedy consequences prescribed in Clause 2 and Clause 3 Article 4 of this Decree.

The Head of the Market Management Sub-Department has the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 3 Article 37 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The Director of the Market Management Department has the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 4 Article 37 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

9. A People's Police officer performing official duties has the authority to impose penalties on acts violating copyright and related rights as stipulated in Clause 1 Article 31 of the Administrative Violation Handling Ordinance.

The Station Chief and Team Leader of People's Police officers performing official duties have the authority to impose penalties on acts violating copyright and related rights as stipulated in Clause 2 Article 31 of the Administrative Violation Handling Ordinance.

The Head of Public Security at commune level has the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 4 Article 31 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in point a Clause 2 Article 3 of this Decree for objects and means used to commit administrative violations with a value up to 2,000,000 VND; apply measures to remedy consequences prescribed in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The Head of Public Security at district level has the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 4 Article 31 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6 and Clause 7 Article 4 of this Decree.

The Heads of Departments of Social Order Management Police, Traffic Police, Criminal Investigation Police for Social Order, Economic and Official Crime Investigation Police, Narcotics Investigation Police, Highway Traffic Police, Waterway Traffic Police, Fire Prevention and Control Police, Judicial Support and Protection Police, Environmental Police, Exit and Entry Management Police, Leaders of Mobile Police Units from battalion level upwards, Station Chiefs of Public Security Stations, Port Border Guard Station Chiefs, Industrial Zone Station Chiefs have the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 5 Article 31 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6 and Clause 7 Article 4 of this Decree.

The Directors of Provincial Public Security, Fire Prevention and Control Departments have the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 6 Article 31 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6 and Clause 7 Article 4 of this Decree.

The Heads of Departments of Social Order Management Police, Criminal Investigation Police for Social Order, Economic and Official Crime Investigation Police, Narcotics Investigation Police, Highway Traffic Police, Waterway Traffic Police, Fire Prevention and Control Police, Judicial Support and Protection Police, Environmental Police, Exit and Entry Management Police have the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 7 Article 31 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3, 5, 6 and Clause 7 Article 4 of this Decree.

10. A Border Guard soldier performing official duties has the authority to impose penalties on acts violating copyright and related rights as stipulated in Clause 1 Article 32 of the Administrative Violation Handling Ordinance.

The Team Leader of Border Guard soldiers performing official duties, the Station Chief of Border Guard Inspection Stations have the authority to impose penalties on acts violating copyright and related rights as stipulated in Clause 2 Article 32 of the Administrative Violation Handling Ordinance.

The Commanders of Border Guard Posts, Coast Guard Battalions, Border Guard Districts, Port Border Guard Commands have the authority to impose penalties on acts violating copyright and related rights as stipulated in point a, b Clause 3 Article 32 of the Administrative Violation Handling Ordinance; apply supplementary penalty forms prescribed in point a Clause 2 Article 3 of this Decree; apply measures to remedy consequences prescribed in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The Commander of the Border Guard Force at the provincial level and the Commander of the Border Guard Coast Guard Squadron under the Command of the Border Guard Force have the authority to impose penalties on acts violating copyright and related rights as provided for in Point a, b Clause 4 Article 32 of the Ordinance on Handling Administrative Violations; apply supplementary penalty forms as provided for in Point a Clause 2 Article 3 of this Decree; and apply measures to remedy consequences as provided for in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

11. A coast guard officer of the coast guard investigation unit while performing official duties has the authority to impose penalties on acts violating copyright and related rights as provided for in Clause 1 Article 33 of the Ordinance on Handling Administrative Violations.

The head of the coast guard investigation unit has the authority to impose penalties on acts violating copyright and related rights as provided for in Clause 2 Article 33 of the Ordinance on Handling Administrative Violations.

The head of the coast guard investigation team has the authority to impose penalties on acts violating copyright and related rights as provided for in Clause 3 Article 33 of the Ordinance on Handling Administrative Violations.

The coast guard squadron commander has the authority to impose penalties on acts violating copyright and related rights as provided for in Point a, b Clause 4 Article 33 of the Ordinance on Handling Administrative Violations and apply measures to remedy consequences as provided for in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The coast guard fleet commander has the authority to impose penalties on acts violating copyright and related rights as provided for in Point a, b Clause 5 Article 33 of the Ordinance on Handling Administrative Violations and apply measures to remedy consequences as provided for in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The Commander of the Coast Guard Region has the authority to impose penalties on acts violating copyright and related rights as provided for in Point a, b Clause 6 Article 33 of the Ordinance on Handling Administrative Violations; apply supplementary penalty forms as provided for in Point a Clause 2 Article 3 of this Decree; and apply measures to remedy consequences as provided for in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

The Director of the Coast Guard Department has the authority to impose penalties on acts violating copyright and related rights as provided for in Point a, b Clause 7 Article 33 of the Ordinance on Handling Administrative Violations; apply supplementary penalty forms as provided for in Clause 2 Article 3 of this Decree; and apply measures to remedy consequences as provided for in Clause 1, 2, 3 and Clause 5 Article 4 of this Decree.

Article 46. Principles for determining the authority to impose penalties.

1. The Chairperson of People's Committees at all levels has the authority to impose administrative penalties for violations in the field of copyright and related rights within their respective localities.

2. The Inspector General and specialized Inspectors under the Ministry of Culture, Sports and Tourism, and Departments of Culture, Sports and Tourism have the authority to impose administrative penalties for violations in the field of copyright and related rights within their respective areas of state management.

In cases where the violation exceeds the authority of the Inspector General of the Department of Culture, Sports and Tourism, the violation file shall be transferred to the Chairperson of the Provincial People's Committee to impose administrative penalties according to their authority.

3. Where an administrative violation falls within the authority to impose penalties of several persons as prescribed by this Decree, the person who first takes charge shall carry out the imposition of penalties.

4. Where one person commits multiple administrative violations, if these violations fall within the authority to impose penalties of several persons from different sectors, the authority to impose penalties shall belong to the Chairperson of the People's Committee at the level with jurisdiction where the violation occurred.

Chapter IV

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 47. Complaints and Reports

1. Citizens have the right to report administrative violations by organizations or individuals concerning copyright and related rights as stipulated in this Decree to competent state agencies, or to report administrative violations by persons authorized to impose administrative penalties for copyright and related rights violations according to the law.

2. Organizations or individuals subject to administrative penalties, or their legitimate representatives, have the right to appeal administrative penalty decisions according to the law on complaints and reports.

3. Administrative litigation against administrative penalty decisions shall be carried out in accordance with the provisions of the law.

4. The procedures, formalities for complaints and reports, and the authority to resolve complaints and reports regarding administrative violations concerning copyright and related rights shall be applied according to the provisions of the law on complaints and reports.

Article 48. Handling Violations by Persons Authorized to Impose Administrative Penalties for Copyright and Related Rights

1. Persons authorized to impose administrative penalties for copyright and related rights who engage in harassment, tolerance, cover-up, non-enforcement, delayed enforcement, inappropriate enforcement level, enforcement beyond authority, or enforcement outside of authority, shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

2. Persons authorized to impose administrative penalties for copyright and related rights who commit acts of embezzlement or illegal use of confiscated money, evidence, or means of violation shall be subject to disciplinary action or criminal responsibility and compensation for damages according to civil law, depending on the nature and severity of the violation.

Article 49. Handling Violations by Persons Subject to Administrative Penalties for Copyright and Related Rights

Persons subject to administrative penalties for copyright and related rights who commit violations during the execution of penalty decisions or other violations shall be handled according to Article 122 of the Ordinance on Handling Administrative Violations.

Chapter V

IMPLEMENTING PROVISIONS

Article 50. Effective Date

This Decree takes effect from June 30, 2009. This Decree replaces the provisions at Articles 44, 45, 46, and 47 of Section 7 Chapter II and other provisions in Decree No. 56/2006/NĐ-CP dated June 6, 2006 of the Government on administrative penalties for violations in cultural and information activities that conflict with the provisions of this Decree.

Article 51. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.