This Decree stipulates administrative sanctions for violations in cultural activities, including cinema, performing arts, advertising, and other fields. Violations may be fined from several hundred thousand to tens of millions of dong, depending on the severity of the violation.
Đối tượng áp dụng
Vietnamese organizations and individuals, and foreign organizations and individuals operating in the field of culture within the territory of Vietnam.
Các điểm cốt lõi
- Individuals/authorities committing violations in cultural activities shall be fined from 200,000 dong to 40,000,000 dong, depending on the severity of the violation and the type of behavior.
- Violations of regulations concerning permits and registration for activities may be fined from 3,000,000 dong to 50,000,000 dong.
- Repeated offenses or serious violations may result in confiscation of evidence and means of violation, and revocation of the right to use permits indefinitely.
- Violations of advertising regulations may be fined from 300,000 dong to 40,000,000 dong, depending on the severity of the violation.
- The statute of limitations for administrative sanctions is one year for violations in the import and export of cultural products, and two years for other violations.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps maintain social order, safety, and traditional customs.
- Negative impact: May impose economic burdens on small businesses or cultural sectors that fail to comply with regulations.
❓ Câu hỏi thường gặp
What are the penalties for violating advertising regulations?
Penalties range from 300,000 dong to 40,000,000 dong, depending on the severity of the violation and the type of behavior.
What is the statute of limitations for administrative sanctions in cultural activities?
The statute of limitations for administrative sanctions is one year for violations in the import and export of cultural products, and two years for other violations.
What are the penalties for violating regulations concerning business licenses?
Penalties range from 3,000,000 dong to 50,000,000 dong, depending on the severity of the violation and the type of behavior.
How will repeated offenses in cultural activities be handled?
Repeated offenses or serious violations may result in confiscation of evidence and means of violation, and revocation of the right to use permits indefinitely.
What are the penalties for violating regulations concerning cinema?
Penalties range from 2,000,000 dong to 40,000,000 dong, depending on the severity of the violation and the type of behavior.
Toàn văn
DECREE
Rules on administrative penalties for violations in cultural activities
_______________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;
Based on the Cinema Law dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Cinema Law dated June 18, 2009;
Pursuant to the Library Ordinance dated December 28, 2000;
Based on the Advertising Ordinance dated November 16, 2001;
Based on the Administrative Violation Handling Decree dated July 2, 2002 and the Decree Amending and Supplementing Certain Provisions of the Administrative Violation Handling Decree dated April 2, 2008.
Considering the proposal of the Minister of Culture, Sports and Tourism,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates acts of administrative violation in cultural activities; forms of penalty, levels of penalty; authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.
2. Acts of administrative violation in cultural activities are those acts that violate the provisions of laws on cinema, various types of performing arts, cultural activities and public cultural service business; fine arts, cultural and artistic exhibitions, photography; advertising, signposting; cultural heritage; libraries; cultural and artistic works; export and import of cultural products; publication and dissemination of works abroad carried out intentionally or negligently by organizations and individuals without reaching the level of criminal prosecution and according to the law must be subject to administrative penalties.
3. Other acts of administrative violation in cultural activities not provided for in this Decree shall be applied according to the provisions of the law on administrative penalties in the relevant state management fields.
Article 2. Applicability
1. Organizations and individuals of Vietnam committing administrative violations in cultural activities.
2. Foreign organizations and individuals committing administrative violations in cultural activities within the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall apply.
Article 3. Principles of administrative penalties, aggravating circumstances, mitigating circumstances in administrative penalties
1. The principles of administrative penalties in cultural activities are implemented according to the provisions of Article 3 of the Administrative Violation Handling Ordinance and Article 3 of Decree No. 128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.
2. Aggravating circumstances and mitigating circumstances in administrative penalties in cultural activities are implemented according to the provisions of Articles 8 and 9 of the Administrative Violation Handling Ordinance 2005 and Article 6 of Decree No. 128/2008/ND-CP dated December 16, 2008.
Article 4. Time Limit for Administrative Sanctions
1. The statute of limitations for administrative penalties in cultural activities is one year, except for violations in the field of export and import of cultural products, the statute of limitations is two years, counted from the date the administrative violation was committed. If the administrative violation is discovered beyond the aforementioned period, it will not be penalized but still subject to remedial measures prescribed in this Decree.
The person authorized to impose penalties who commits an error in exceeding the statute of limitations for penalties shall be dealt with according to the provisions of Article 121 of the Administrative Violation Handling Ordinance 2020.
2. For individuals who have been indicted, prosecuted, or have a decision to bring the case to trial under criminal procedure, but later have a decision to terminate investigation or terminate the case, they will be subject to administrative penalties if their actions indicate administrative violations; within three days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision to the person authorized to impose penalties; in this case, the statute of limitations for administrative penalties is three months, counted from the date the person authorized to impose penalties receives the decision to terminate and the case file.
3. Within the time limit specified in Clause 1 and Clause 2 of this Article, if the violator commits a new administrative violation in cultural activities or deliberately avoids or obstructs the imposition of penalties, the statute of limitations for penalties specified in Clause 1 and Clause 2 of this Article will not be applied; the statute of limitations for penalties will be recalculated from the date of committing the new administrative violation or the date when the act of avoiding or obstructing the imposition of penalties ceases.
Article 5. Forms of administrative penalties and measures to remedy consequences
1. Principal forms of administrative penalty:
Organizations and individuals committing administrative violations in cultural activities shall be subject to one of the following main forms of penalties.
a) Warning;
b) Fine.
2. Additional forms of punishment:
Depending on the nature and degree of violation, the violator may also be subject to one or more supplementary forms of penalty as follows:
a) Confiscation of property or means used to commit the administrative violation.
b) Revocation of license.
3. Remedial measures, other measures:
Depending on the nature and degree of violation, the violator may also be subject to one or more remedial measures or other measures specifically provided for in the Articles of Chapter II of this Decree.
In cases where administrative violations in cultural activities are discovered after the statute of limitations for penalties has expired, no penalties will be imposed, but the competent agency or person authorized may apply one or more remedial measures specifically provided for in the Articles of Chapter II of this Decree.
Article 6. Period considered as not having been administratively punished
Organizations and individuals subject to administrative penalties in cultural activities, if they do not reoffend within one year from the date of completion of the penalty decision or from the date the statute of limitations for enforcement of the penalty decision expires as provided for in Article 69 of the Administrative Violation Handling Ordinance 2002, shall be considered as not having been subject to administrative penalties.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION IN CULTURAL ACTIVITIES, FORMS AND LEVELS OF PENALTY
Section 1. VIOLATIONS IN THE FIELD OF FILM AND PUNISHMENT FORMS AND AMOUNTS
Article 7. Violations of regulations on filming and film production
1. A fine of from VND 2,000,000 to VND 5,000,000 for filming in prohibited areas.
2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:
a) Producing films containing private information of others without their consent;
b) Not complying with the content specified in the film production permit for foreign organizations and individuals producing films in Vietnam;
c) Altering, erasing, transferring the film production permit for foreign organizations and individuals who have been granted such permits in Vietnam.
3. A fine of from VND 15,000,000 to VND 25,000,000 for any of the following acts:
a) Providing film services to foreign organizations and individuals or cooperating with them in joint film production not in accordance with the content specified in the permit;
b) Producing films containing defamatory or insulting content against organizations, the honor and dignity of individuals.
4. A fine of from VND 25,000,000 to VND 30,000,000 for any of the following acts:
a) Producing films containing pornographic, violent, socially harmful, criminal, superstitious, or other content detrimental to social customs and ecological environment;
b) Cooperating or jointly producing films, providing film production services to foreign organizations and individuals without a permit;
c) Not establishing a script review board, a project selection advisory board, or conducting bidding for state-budget-funded film productions as prescribed.
5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following acts:
a) Producing films containing content opposing the Socialist Republic of Vietnam; undermining national solidarity;
b) Producing films containing obscene, war propaganda, divisive, reactionary cultural, or criminal content;
c) Producing films distorting history, denying revolutionary achievements, offending ethnic groups, national heroes, and great men;
d) Foreign organizations and individuals producing films in Vietnam without a permit.
6. Additional forms of punishment:
a) Revoking the permit indefinitely for the act stipulated in point c, Clause 2, and point a, Clause 3 of this Article;
b) Seizing the contraband items for the acts stipulated in Clauses 1, 2, 3, 4, and 5 of this Article;
c) Seizing the contraband equipment for the acts stipulated in point a, b, Clause 4, and Clause 5 of this Article.
Article 8. Violations of regulations on printing, duplicating, and storing films
1. A fine of from VND 500,000 to VND 2,000,000 for illegally storing films that are unauthorized copies in quantities from 10 to less than 50 copies.
2. A fine of from over VND 2,000,000 to VND 3,000,000 for illegally storing films that are unauthorized copies in quantities from 50 to less than 100 copies.
3. A fine of from over VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Duplicating unauthorized films in quantities under 20 copies;
b) Illegally storing films that are unauthorized copies in quantities from 100 to less than 500 copies;
c) Storing prohibited content films for circulation in quantities under 10 films.
4. A fine of from over VND 5,000,000 to VND 15,000,000 for any of the following acts:
a) Duplicating unauthorized films in quantities from 20 to less than 100 copies;
b) Illegally storing films that are unauthorized copies in quantities from 500 copies and above;
c) Storing prohibited content films for circulation in quantities from 10 to 50 films.
5. A fine of from over VND 15,000,000 to VND 20,000,000 for any of the following acts:
a) Duplicating films not yet permitted for public dissemination with 100 copies or more;
b) Inserting advertisements for prohibited products into films for distribution;
c) Inserting obscene, pornographic, or violent content into permitted films for distribution;
d) Storing prohibited content films for circulation in quantities from 50 to less than 100 films.
6. A fine of from VND 20,000,000 to VND 40,000,000 for any of the following acts:
a) Duplicating films that have been recalled, confiscated, destroyed, or banned;
b) Duplicating films containing obscene, pornographic, or violent content;
c) Storing prohibited content films for circulation in quantities of 100 films and above;
7. Additional forms of administrative sanction:
a) Seizing the contraband items for the acts stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article;
b) Seizing the contraband equipment for the acts stipulated in point a, Clause 4, Clauses 5 and 6, and repeated offenses stipulated in point a, Clause 3 of this Article.
Article 9. Violations of regulations on the issuance of film reels, video discs
1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:
a) Purchasing video discs without labels in quantities from 10 copies to less than 20 copies;
b) Selling or renting video discs without labels or with false labels in quantities under 20 copies;
c) Buying, selling counterfeit video disc labels in quantities from 10 labels to less than 50 labels;
d) Erasing, altering labels on video discs.
2. A fine from VND 1,000,000 to VND 2,500,000 shall be imposed for any of the following acts:
a) Selling, renting, or circulating film reels, video discs not yet permitted for public distribution in quantities under 20 copies;
b) Buying, selling, or renting video discs without labels or with false labels in quantities from 20 copies to less than 100 copies;
c) Swapping contents of labeled video discs for business purposes;
d) Buying, selling counterfeit video disc labels in quantities 50 labels or more.
3. A fine from VND 2,500,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Purchasing video discs without labels in quantities from 100 copies to less than 500 copies;
b) Selling, renting video discs without labels or with false labels in quantities from 100 copies to less than 500 copies;
c) Selling, renting video discs not yet permitted for public distribution in quantities from 20 copies to less than 100 copies.
4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Issuing film reels, video discs without a permit for public distribution or without a broadcasting decision from the head of the television or radio-television station;
b) Issuing film reels, video discs beyond the permitted scope for domestic distribution;
c) Buying, selling, renting video discs without labels or with false labels in quantities from 500 copies to less than 1,000 copies;
d) Selling, renting video discs not yet permitted for public distribution in quantities 100 copies or more;
đ) Producing counterfeit video disc labels for sale;
e) Selling, renting, or circulating film reels, video discs containing pornographic or violent content.
5. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Altering the content of films already permitted for public distribution for sale or rental;
b) Buying, selling, renting video discs without labels or with false labels in quantities from 1,000 copies to less than 5,000 copies.
6. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Storing for the purpose of distributing prohibited films or those subject to recall, confiscation, or destruction;
b) Selling, renting, or issuing film reels, video discs that have been decided to be recalled, confiscated, banned from distribution, or destroyed;
c) Selling, renting, or issuing film reels, video discs containing obscene content;
d) Buying, selling, renting video discs without labels or with false labels in quantities 5,000 copies or more;
đ) Exporting films required to have a permit for public distribution but lacking such a decision or broadcast on Vietnam Television;
7. Additional forms of administrative sanction:
a) Seizure of evidence of violation for acts stipulated in Clauses 1, 2, and 3, Points a, c, d, đ, and e Clause 4, Clause 5, and Clause 6 of this Article;
b) Seizure of means of violation for the act stipulated in Point đ Clause 4 of this Article.
Article 10. Violations of film screening regulations
1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed for any of the following acts:
a) Screening films in public places causing noise levels exceeding the prescribed limit or after midnight;
b) Allowing children under 16 years old to enter cinemas to watch films prohibited for children under 16 years old.
2. A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed for the act of screening unlabelled film tapes or discs in public places.
3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of screening films not permitted for circulation in public places.
4. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed for the act of screening films with pornographic or violent content in public places.
5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Screening films that have been decided to be recalled, confiscated, banned, or destroyed in public places;
b) Screening films with obscene content in public places.
6. Additional forms of punishment:
a) Confiscation of contraband items for violations stipulated in Clauses 2, 3, 4, and 5 of this Article;
b) Confiscation of contraband equipment for violations stipulated in Clauses 4 and 5 of this Article.
Article 11. Violations of film submission and storage regulations
1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of submitting and storing insufficient quantities or incorrect types of film works as prescribed.
2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to submit and store film works as prescribed.
3. Measures to remedy consequences:
Compulsory submission and storage of film works in accordance with the provisions of the law for violations stipulated in Clauses 1 and 2 of this Article.
Section 2. VIOLATIONS IN THE FIELD OF PERFORMING ARTS AND PUNISHMENT LEVELS
Article 12. Violations of regulations on duplicating music and stage performance tapes and discs
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of duplicating unauthorized music and stage performance tapes and discs in quantities from 10 copies to less than 100 copies.
2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of duplicating unauthorized music and stage performance tapes and discs in quantities from 100 copies to less than 300 copies.
3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Duplicating unauthorized music and stage performance tapes and discs in quantities from 300 copies to less than 500 copies.
b) Duplicating music and stage performance tapes and discs containing pornographic or violent content.
4. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed for the act of duplicating unauthorized music and stage performance tapes and discs in quantities from 500 copies to less than 1,000 copies;
5. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Duplicating music and stage performance tapes and discs that have been decided to be banned or recalled, confiscated;
b) Duplicating music and stage performance tapes and discs containing obscene content;
c) Duplicating unauthorized music and stage performance tapes and discs in quantities from 1,000 copies to less than 5,000 copies.
6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of duplicating unauthorized music and stage performance tapes and discs in quantities of 5,000 copies or more.
7. Additional forms of administrative sanction:
a) Seizing the contraband items for the acts stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article;
b) Confiscation of contraband equipment for violations stipulated in Clauses 2, 3, 4, 5, and 6 of this Article.
Article 13. Violations of regulations on producing, issuing, and labeling music and stage performance tapes and discs
1. A fine of from VND 3,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Altering the issuance permit for music and stage performance tapes and discs;
b) Labeling incorrectly the program issued with a permit in quantities from 50 copies to less than 500 copies;
c) Changing the content of music and stage performance tapes and discs after issuance;
d) Failing to submit music and stage performance tapes and discs for record keeping.
đ) Recording studios that record tapes and discs with content violating points b, c, and d of Clause 1 of Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009.
2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:
a) Splicing, adding prohibited sound or images to music and stage performance tapes and discs that have been permitted for issuance;
b) Labeling incorrectly the program issued with a permit in quantities from 500 copies to less than 1,000 copies.
c) Recording studios that record tapes and discs with content violating point a of Clause 1 of Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009.
3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Issuing tapes and discs containing prohibited content;
b) Labeling incorrectly the program issued with a permit in quantities of 1,000 copies or more;
c) Producing tapes and discs containing content violating points b, c, and d of Clause 1 of Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009.
4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of producing tapes and discs containing content violating point a of Clause 1 of Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009.
5. Additional forms of punishment:
a) Revocation of the right to use the issuance permit for violations stipulated in points a and c of Clause 1 of this Article;
b) Confiscation of contraband items for violations stipulated in points b, c, and đ of Clause 1, Clause 2, Clause 3, and Clause 4 of this Article;
c) Confiscation of contraband equipment for violations stipulated in point đ of Clause 1, points a and c of Clause 2, point c of Clause 3, and Clause 4 of this Article.
6. Measures to remedy consequences:
Compulsory submission of music and stage performance tapes for violations stipulated in point d of Clause 1 of this Article.
Article 14. Violations of regulations on purchasing, selling, and renting music tapes, discs, and stage performances
1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on any of the following acts:
a) Selling or renting music tapes, discs, and stage performances that have not been permitted for distribution with a quantity under 50 copies;
b) Selling or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity under 50 copies;
c) Circulating music tapes, discs, and stage performances not for business purposes that have not been permitted for distribution with a quantity of 50 copies or more.
2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Purchasing, selling, or renting music tapes, discs, and stage performances that have not been permitted for distribution with a quantity from 50 copies to less than 100 copies;
b) Purchasing, selling, or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity from 50 copies to less than 100 copies.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Selling or renting music tapes, discs, and stage performances containing prohibited content with a quantity under 20 copies;
b) Purchasing, selling, renting, or circulating music tapes, discs, and stage performances that have not been permitted for distribution with a quantity from 100 copies to less than 300 copies;
c) Purchasing, selling, or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity from 100 copies to less than 300 copies.
4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Purchasing, selling, or renting music tapes, discs, and stage performances containing prohibited content with a quantity from 20 copies to less than 50 copies;
b) Purchasing, selling, renting, or circulating music tapes, discs, and stage performances that have not been permitted for distribution with a quantity from 300 copies to less than 500 copies;
c) Purchasing, selling, or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity from 300 copies to less than 500 copies.
5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:
a) Purchasing, selling, or renting music tapes, discs, and stage performances containing prohibited content with a quantity from 50 copies to less than 100 copies;
b) Purchasing, selling, or renting music tapes, discs, and stage performances that have not been permitted for distribution with a quantity from 500 copies to less than 1,000 copies;
c) Purchasing, selling, or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity from 500 copies to less than 1,000 copies.
6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts:
a) Purchasing, selling, or renting music tapes, discs, and stage performances containing prohibited content with a quantity of 100 copies or more;
b) Purchasing, selling, or renting music tapes, discs, and stage performances that have not been permitted for distribution with a quantity of 1,000 copies or more;
c) Purchasing, selling, or renting music tapes, discs, and stage performances that are illegally printed or duplicated with a quantity of 1,000 copies or more.
7. Additional forms of administrative sanction:
Seizure of contraband items for violations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article.
Article 15. Violations of regulations on storing and disseminating music tapes, discs, and stage performances
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for disseminating music tapes, discs, and stage performances that have not been permitted for public dissemination at public places.
2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for one of the following acts:
a) Disseminating music tapes, discs, and stage performances containing superstitious or unscientific content at public places;
b) Storing and disseminating illegally duplicated music tapes, discs, and stage performances with a quantity under 50 copies.
3. A fine of from over VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Illegally storing and disseminating music tapes, discs, and stage performances that are prohibited from being disseminated with a quantity under 20 copies;
b) Illegally storing and disseminating music tapes, discs, and stage performances that are illegally duplicated with a quantity from 50 copies to less than 100 copies;
c) Disseminating music tapes, discs, and stage performances containing pornographic or violent inciting content at public places;
d) Distributing music tapes, discs, and stage performances without affixing control labels or affixing incorrect labels for permitted music tapes, discs, and stage performances with a quantity under 300 copies.
4. A fine of from over VND 5,000,000 to VND 15,000,000 for any of the following acts:
a) Storing music tapes, discs, and stage performances that are prohibited from being disseminated with a quantity from 20 copies to less than 100 copies;
b) Illegally storing and disseminating music tapes, discs, and stage performances that are illegally duplicated with a quantity from 100 copies to less than 300 copies;
c) Storing and disseminating music tapes, discs, and stage performances containing reactionary or obscene content;
d) Distributing music tapes, discs, and stage performances without affixing control labels or affixing incorrect labels for permitted music tapes, discs, and stage performances with a quantity of 300 copies or more;
đ) Illegally storing and disseminating music tapes, discs, and stage performances that have not been permitted for circulation with a quantity from 50 copies to less than 300 copies.
5. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for one of the following acts:
a) Illegally storing and disseminating music tapes, discs, and stage performances that are prohibited from being disseminated with a quantity of 100 copies or more;
b) Illegally storing and disseminating music tapes, discs, and stage performances that are illegally duplicated with a quantity of 300 copies or more;
c) Illegally storing and disseminating music tapes, discs, and stage performances that have not been permitted for circulation with a quantity of 300 copies or more.
6. Additional forms of punishment:
Seizure of contraband items for violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.
Article 16. Violations of regulations on artistic performances and fashion shows
1. A fine of VND 2,000,000 to VND 5,000,000 for any of the following acts:
a) Adding or deleting lyrics, dialogue, or other acting movements different from those approved for public performance, causing adverse effects;
b) Changing costumes without approval from the competent authority;
c) Wearing costumes or makeup that cause discomfort, are inappropriate to Vietnamese customs and traditions;
d) Performers exploiting interactions with audiences to engage in uncivilized behavior or uttering vulgar, inappropriate statements.
2. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts:
a) Artists who are Vietnamese citizens residing abroad or foreigners performing in Vietnam without a permit;
b) Using pre-recorded tapes, discs, or other sound recording devices instead of the live voice of the performer;
c) Buying, selling, transferring, repairing, lending, or renting performance permits for organizing performances;
d) Performing after midnight without permission from the competent state agency;
đ) Organizing performances for charitable purposes but not implementing the permitted purpose;
3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Unilaterally changing the content of the approved artistic performance or fashion show program;
b) Organizing performances of works that have not been permitted for dissemination;
4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:
a) Organizing foreign art groups or artists to perform in public places without a performance permit or not in accordance with the content specified in the permit;
b) Organizing performances for individuals prohibited from performing by the competent state management agency for culture, sports, and tourism;
c) Organizing performances by Vietnamese art groups or artists required to have a performance permit but lacking such a permit;
d) Falsifying a performance permit to organize performances;
đ) Artists, actors, models performing abroad without permission from the competent authority;
e) Performing or organizing performances containing content promoting social evils, superstitions, or destroying ethnic customs and traditions; defaming organizations or insulting the dignity and personality of individuals;
g) Organizing fashion shows without a permit.
5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Performing or organizing performances of works containing pornographic or violent incitement content;
b) Sending models abroad to participate in contests or fashion shows without a permit.
6. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following acts:
a) Performing or organizing performances of banned works;
b) Performing or organizing performances of artistic works containing content inciting war invasion, fostering enmity and division among nations and peoples;
c) Performing or organizing performances of artistic works containing content distorting history, negating revolutionary achievements, or insulting national heroes and martyrs.
7. Additional forms of administrative sanction:
a) Revoking the right to use a performance permit for the act stipulated in point c Clause 2, point a Clause 3 of this Article;
b) Seizing means of transportation for the acts stipulated in point b Clause 2, point e Clause 4, point a Clause 5, and Clause 6 of this Article;
c) Seizing evidence for the acts stipulated in point b Clause 2, point e Clause 4, and point a Clause 5 of this Article.
8. Applying other measures to remedy consequences:
a) Prohibiting performances for six months to two years for performers violating the provisions of point e Clause 4, point a Clause 5, and Clause 6 of this Article;
b) Confiscating illicit gains from the act stipulated in point đ Clause 2 of this Article.
Article 17. Violations of regulations on organizing Miss, First Lady, and Beauty contests
1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on contestants in Miss, First Lady, and Beauty contests who engage in acts that infringe upon the reputation of organizations or the dignity and personality rights of individuals.
2. A fine shall be imposed for organizing contests not in accordance with the permitted content as follows:
a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for organizing a Beauty contest.
b) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for organizing a First Lady contest.
c) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for organizing a Miss contest.
3. A fine shall be imposed for organizing contests without a permit as follows:
a) A fine of VND 20,000,000 shall be imposed for organizing a Beauty contest.
b) A fine of VND 30,000,000 shall be imposed for organizing a First Lady contest.
c) A fine of VND 40,000,000 shall be imposed for organizing a Miss contest.
4. A fine shall be imposed for participating in a Miss contest abroad or bringing contestants to participate in a Miss contest abroad without a permit as follows:
a) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on contestants participating in a Miss contest abroad without a permit.
b) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for bringing contestants to participate in a Miss contest abroad without a permit.
5. A fine shall be imposed for failing to award prizes and issue certificates to winners immediately after the final night as follows:
a) A fine of VND 10,000,000 shall be imposed on organizers of a Beauty contest.
b) A fine of VND 20,000,000 shall be imposed on organizers of a First Lady contest.
c) A fine of VND 30,000,000 shall be imposed on organizers of a Miss contest.
Section 3. VIOLATIONS IN CULTURAL ACTIVITIES AND PUBLIC CULTURAL SERVICE BUSINESS OPERATIONS, FORMS AND AMOUNTS OF FINES
Article 18. Violations of regulations on cultural practices
1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:
a) Allowing intoxicated persons to enter dance halls, public dance venues, karaoke rooms;
b) Being intoxicated at workplaces, hotels, restaurants, eateries, dance halls, public dance venues, karaoke rooms, cultural activity venues, cultural service business venues, on transportation means, and other public places;
c) Burning joss paper at festival sites, historical-cultural relics, and other public places.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Organizing spirit possession activities, fortune-telling, soul-calling, divination, card-shaking, cursing, incantation, spreading prophecies, and other superstitious forms;
b) Promoting superstition to sell joss paper products;
c) Hanging national flags at festival areas not higher or more solemn than other flags;
d) Exploiting beliefs to solicit money and other materials.
3. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for reviving customs contrary to Vietnamese traditional morals.
4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for exploiting festivals to organize disorderly activities; illegal propaganda; and to divide ethnic unity.
5. Additional forms of punishment:
a) Confiscate the objects and means of violation for the acts specified in point a, b Clause 2, Clause 3, and Clause 4 of this Article;
b) Confiscate and transfer to the state treasury the illicit proceeds for the acts specified in points a and d Clause 2 of this Article.
6. Measures to remedy consequences:
a) Order the hanging of the national flag higher and more solemn than other flags for the act specified in point c Clause 2 of this Article;
b) Order the remediation of environmental pollution and landscape damage for the act specified in point c Clause 1 of this Article.
Article 19. Violations of provisions on conditions for organizing cultural activities and public cultural service businesses
1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for allowing persons under 18 years old to dance at a discotheque.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Operating electronic game facilities within 200 meters from schools or past 10:00 PM until 8:00 AM.
b) Failing to ensure adequate lighting as prescribed at discotheques, public dancing venues, and karaoke rooms.
c) Employing workers at discotheques and karaoke restaurants without labor contracts as required.
d) Issuing tickets exceeding the number of seats, capacity, or quantity permitted by authorized agencies at places organizing cultural activities and public cultural service businesses.
3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Failing to ensure the prescribed area for discotheques, public dancing venues, and karaoke rooms after obtaining permits.
b) Covering doors or implementing any form that prevents outsiders from seeing the entire karaoke room.
c) Turning off lights at discotheques, public dancing venues, and karaoke rooms during operation; locking or securing karaoke room doors during operation.
d) Employing persons under 18 years old at discotheques and karaoke restaurants.
4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for installing alarm devices at karaoke restaurants to counteract state agency inspections.
5. Additional forms of punishment:
a) Revoking the permit usage rights for three to twelve months for violations specified in point a and b of Clause 3 of this Article.
b) Revoking the permit usage rights indefinitely for violations specified in Article 4 and repeated violations specified in point b of Clause 2 of this Article.
c) Confiscating contraband items for violations specified in Article 4 of this Article.
Article 20. Violations of provisions on business licenses
1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:
a) Using loudspeakers or other sound equipment to advertise or promote at public places without a permit or not in accordance with the content stated in the permit.
b) Organizing festivals as required to report in writing to competent state agencies but failing to report or reporting without approval and still organizing.
c) Hotels and accommodation establishments rated one star or higher operating karaoke without ensuring door and room size requirements as prescribed.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:
a) Operating discotheques and karaoke not in accordance with the content, scope prescribed in the license, or not complying with legal regulations.
b) Transferring the license to another organization or individual or using another organization's or individual's license to operate discotheques, karaoke, and fashion shows.
3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Operating karaoke without a license.
b) Organizing festivals as required to have a permit but lacking such a permit.
4. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for operating discotheques without a license.
5. Additional forms of punishment:
a) Revoking the permit usage rights for violations specified in point b of Clause 2 of this Article.
b) Confiscating contraband items and means of violation for violations specified in point a of Clause 1, point a of Clause 3, and Article 4 of this Article.
Article 21. Violations of provisions on production and circulation of electronic game tapes and discs
1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:
a) Organizing electronic games with pornographic, violent, or other harmful content.
b) Selling or renting electronic game tapes and discs with pornographic, violent, or other harmful content.
c) Importing machines, tapes, and discs of electronic games with violent, subversive, obscene, or other harmful content.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:
a) Organizing electronic games with subversive, obscene content.
b) Selling or renting tapes and discs of electronic games with subversive, obscene content.
c) Producing machines, tapes, and discs of electronic games with pornographic, violent, subversive, obscene, or other harmful content.
3. Additional forms of punishment:
a) Confiscating contraband items for violations specified in Articles 1 and 2 of this Article.
b) Confiscating contraband means for violations specified in point c of Clause 2 of this Article.
Article 22. Violations of prohibitions on cultural activities and public cultural service businesses
1. A fine of VND 500,000 to VND 1,500,000 for the act of drinking alcohol in a karaoke room;
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Selling alcohol in a karaoke room;
b) Using from two to three service staff in one karaoke room;
c) Selling paintings, photographs with pornographic, obscene, or violent content.
3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Hanging, displaying paintings, photographs, calendars, or other items with pornographic, obscene, or violent content at nightclubs, public dance venues, karaoke restaurants, or other places of cultural activities and public cultural service businesses;
b) Circulating films, tapes, discs, or materials containing music, stage performances, or musical and dance performances that have not been permitted for circulation at nightclubs, public dance venues, karaoke restaurants;
c) Using from four to five service staff in one karaoke room;
d) Operating karaoke, bars, film screenings, artistic performances, fashion shows, entertainment beyond permitted hours;
đ) Producing, importing, selling toys harmful to children's character education and health, encouraging violence, or being frightening;
4. A fine of VND 5,000,000 to VND 15,000,000 for any of the following acts:
a) Using services with pornographic characteristics at nightclubs, public dance venues, karaoke restaurants, or other places of cultural activities and public cultural service businesses;
b) Using six or more service staff in one karaoke room;
c) Operating a nightclub beyond permitted hours.
5. A fine of VND 10,000,000 to VND 30,000,000 for any of the following acts:
a) Sheltering, covering up activities with pornographic, obscene, or violent characteristics, prostitution, drug use, gambling, or "betting" with money or goods at nightclubs, public dance venues, karaoke restaurants, and other places organizing cultural activities and public cultural service businesses;
b) Circulating tapes, discs of music, stage performances that have been decided to prohibit circulation, confiscate, or seize, or contain pornographic, obscene, or violent content at nightclubs, public dance venues, karaoke restaurants, and other places organizing cultural activities and public cultural service businesses;
c) Organizing dancing businesses or failing to be responsible enough to allow customers to dance at locations not permitted to operate nightclubs according to regulations;
d) Performing nude dancing at nightclubs, karaoke restaurants, dining establishments, or other places organizing cultural activities and public cultural service businesses.
6. A fine of VND 20,000,000 to VND 40,000,000 for circulating films that have been decided to prohibit circulation, confiscate, or seize, or contain pornographic, obscene, or violent content at nightclubs, public dance venues, karaoke restaurants, and other places organizing cultural activities and public cultural service businesses.
7. A fine of VND 30,000,000 to VND 40,000,000 for organizing or failing to be responsible enough to allow customers to perform self-nude dancing or other activities with pornographic characteristics at nightclubs, public cultural venues, dining establishments, refreshment places, karaoke restaurants.
8. Additional forms of punishment:
a) Revoking the right to use the license indefinitely for the acts specified in points a and b Clause 4, Clause 5, Clause 6, and Clause 7, repeated violation of the acts specified in Clause 2 points a, b, and đ Clause 3, point b Clause 5, points c and d Clause 5 of this Article;
b) Confiscating the objects of violation for the acts specified in Clause 1, points a and c Clause 2, points a, b, and đ Clause 3, point b Clause 5 and 6 of this Article.
Article 23. Violations of prohibitive provisions concerning cultural activities and cultural service businesses at accommodation facilities, restaurants, and public services
1. A fine of from VND 3,000,000 to VND 5,000,000 for the act of hanging or displaying paintings or photographs with pornographic, provocative, or violent-stimulating content at accommodation facilities, restaurants, or other public places.
2. A fine of from VND 5,000,000 to VND 15,000,000 for the act of providing services with provocative characteristics at accommodation facilities, restaurants, refreshment establishments, or other business service establishments.
3. Additional forms of punishment:
Seizure of the objects of violation for the acts stipulated in Clause 1 of this Article.
Article 24. Violations of regulations on teaching music and dancing by non-state-owned music and dance teaching institutions
1. A fine of from VND 2,000,000 to VND 5,000,000 for the act of teaching music or dancing without registering with the provincial Department of Culture, Sports, and Tourism as required.
2. A fine of from VND 3,000,000 to VND 6,000,000 for the act of organizing music or dance teaching or using teachers who do not meet the required conditions.
3. A fine of from VND 5,000,000 to VND 15,000,000 for the act of teaching music or dancing with prohibited content.
Section 4. VIOLATIONS IN THE FIELD OF FINE ARTS; CULTURAL AND ART EXHIBITIONS; PHOTOGRAPHY, FORMS AND AMOUNTS OF FINES
Article 25. Violations of licensing and registration regulations
1. A fine of from VND 3,000,000 to VND 5,000,000 for organizing cultural and artistic exhibitions, photo contests, or photo festivals that do not conform to the registered content.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:
a) Organizing cultural and artistic exhibitions as required to register with competent state agencies but failing to do so;
b) Permitting the holding of cultural and artistic exhibitions when the organizers do not have exhibition registration certificates or permits from competent state agencies;
c) Organizing cultural and artistic exhibitions, photo contests, or photo festivals that do not conform to the permit content.
3. A fine of from VND 10,000,000 to VND 20,000,000 for organizing cultural and artistic exhibitions, photo contests, or photo festivals without a permit.
4. A fine of from VND 20,000,000 to VND 30,000,000 for constructing monuments or grand paintings that do not conform to the permit content.
5. A fine of from VND 30,000,000 to VND 40,000,000 for constructing monuments or grand paintings without a permit.
6. Additional forms of punishment:
Seizure of the objects of violation for the acts stipulated in Clause 3 of this Article;
7. Measures to remedy consequences:
a) Order the removal of exhibitions as stipulated in Clause 1, Points a and c Clause 2, and Clause 3 of this Article;
b) Order the demolition of illegally constructed works for acts stipulated in Clauses 4 and 5 of this Article;
Article 26. Violations of prohibitive provisions in the field of fine arts, cultural and artistic exhibitions, and photography
1. A fine of from VND 1,000,000 to VND 3,000,000 for taking photos in areas where photography is prohibited.
2. A fine of from VND 3,000,000 to VND 10,000,000 for any of the following acts:
a) Incorporating photographs that cause adverse effects on others' relationships or offend individuals, families, organizations, or agencies;
b) Replicating Chairman Ho Chi Minh statues for commercial purposes without approval from competent state agencies;
c) Producing, selling, or placing Chairman Ho Chi Minh statues that do not ensure solemnity and respect for the leader.
3. A fine of from VND 10,000,000 to VND 20,000,000 for creating harmful fine art or photographic works for dissemination or storage with the intent to disseminate.
4. A fine of from VND 15,000,000 to VND 30,000,000 for exhibiting prohibited publications, fine art, photographic works, and other cultural and artistic products.
5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following acts:
a) Constructing monuments or grand paintings with content inciting violence, war of aggression, hatred among ethnic groups and peoples, reactionary thoughts, culture, licentiousness, pornography, and criminal acts;
b) Constructing monuments or grand paintings with content distorting history, negating revolutionary achievements, offending national heroes and great men;
c) Constructing monuments or grand paintings with harmful content not covered under Points a and b of this Clause.
6. Additional forms of punishment:
a) Confiscate the evidence of violation for acts stipulated in Clause 1, 2, 3, and 4 of this Article;
b) Confiscate the means of violation for acts stipulated in Clause 1, Point a and b Clause 2, Clauses 3 and 4 of this Article.
7. Measures to remedy consequences:
a) Order the assurance of solemnity and respect for the leader for acts stipulated in Point c Clause 2 of this Article;
b) Order the demolition of the constructed work for acts stipulated in Clause 5 of this Article.
Section 5. VIOLATIONS IN THE FIELD OF ADVERTISING, WRITING, INSTALLING SIGNS, AND PENALTIES
Article 27. Violations of regulations on advertising permits
1. A fine of from VND 500,000 to VND 1,000,000 for each billboard advertisement without a permit.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Advertising using cargo boxes with an area of 0.5 square meters or more attached to each motorcycle without a permit;
b) Advertising using billboards that have exceeded the duration specified in the permit without removing them;
c) Advertising using posters without indicating the name of the publisher or the printing facility.
3. A fine of from VND 1,000,000 to VND 3,000,000 for each square meter exceeding the permitted area in advertising permits on boards or signs.
4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Not indicating the permit number, permit validity period, name of organization or individual applying for the advertising permit on boards, signs, or similar forms;
b) Advertising on boards, signs, light boxes with an area under 40 square meters, luminous objects, aerial objects, underwater objects without an advertising implementation permit;
c) Exceeding the permitted area in advertising on transportation means and other mobile objects;
d) Organizations or individuals operating advertising services setting up branches or representative offices in other provinces or cities without notifying the Department of Culture, Sports and Tourism where the branch or representative office is located.
5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:
a) Advertising in the health sector contrary to the provisions of Clause 4, Article 17 of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government;
b) Advertising in the agricultural sector contrary to the provisions of Clause 6, Article 17 of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government;
c) Advertising on boards or signs that have exceeded the duration specified in the permit without removing them;
d) Advertising on similar transportation means and mobile objects without a permit;
đ) Advertising on film, video discs, music discs, stages, without prior approval from the competent state agency for circulation and permission of those products;
e) Transferring an advertising implementation permit to another organization or individual or using another organization's or individual's permit to conduct advertising;
g) Displaying advertisements on electronic screens without submitting the product to the local Department of Culture, Sports and Tourism as required.
6. A fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:
a) Hanging, erecting, placing, attaching boards or signs with an area of 40 square meters or more or placing advertising screens without an advertising implementation permit;
b) Representative offices or branches of foreign organizations or individuals operating advertising services changing their name, nationality, representative's name, number of foreigners working at the representative office or branch, scope of activities, location of the representative office or branch headquarters without notifying the licensing authority;
c) Advertising for activities that require a permit but have not yet obtained it.
7. A fine of from VND 10,000,000 to VND 30,000,000 for the act of using symbols, trademarks in any form to advertise goods or services prohibited from advertising;
8. A fine of from VND 30,000,000 to VND 40,000,000 for any of the following acts:
a) Foreign organizations or individuals conducting advertising services or advertising in Vietnam without permission from the competent Vietnamese state management agency;
b) Representative offices of foreign organizations or individuals conducting advertising services continuing to operate beyond the duration specified in the permit.
9. Additional forms of punishment:
a) Confiscation of contraband for violations stipulated in Clause 1, point a Clause 2, point đ Clause 5, point a Clause 6, Article 27 of this Law;
b) Revocation of the right to use the permit indefinitely for violations stipulated in point e Clause 5 of this Article.
10. Measures to address consequences:
a) Compelling removal or deletion of advertising products for violations stipulated in point b and c Clause 2, point b Clause 4, points c and d Clause 5, point a Clause 6, Article 27 of this Law;
b) Compelling complete information to be indicated on boards or signs for violations stipulated in point a Clause 4 of this Article.
Article 28. Violations of provisions on advertising forms
1. A warning or a fine of from VND 300,000 to VND 1,000,000 shall be imposed for the act of using sound to advertise the sale of newspapers or street vending, causing noise in public places.
2. A fine of from VND 500,000 to VND 1,500,000 shall be imposed for the act of using mannequins or similar forms to display advertisements that cause aesthetic degradation.
3. A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed for the act of forcing advertising in all forms.
4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Advertising products manufactured by foreign organizations or individuals not operating in Vietnam without entering into an advertising contract with Vietnamese organizations or individuals providing advertising services;
b) On a product advertisement, having both Vietnamese and ethnic minority languages of Vietnam and foreign languages, where the foreign language appears before the Vietnamese and ethnic minority languages of Vietnam, or the size of the foreign language and ethnic minority languages of Vietnam is larger than that of the Vietnamese language;
c) Advertising that slanders, compares, or causes confusion with the business activities of others' goods or services;
d) Using the name or image of another organization or individual for advertising without their permission;
đ) Advertising a common emblem or brand for multiple types of goods or services, including prohibited goods or services, but not clearly indicating the type of goods or services allowed to be advertised under the law;
5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:
a) Advertising in the press without distinguishing signs from non-advertising information;
b) Using sound to advertise on outdoor electronic screens;
c) Hanging, placing, pasting, or erecting sponsor advertisements in cultural, sports, conference, seminar events exceeding the permitted quantity according to regulations;
6. Additional forms of punishment:
Seizure of contraband items for violations stipulated in Clauses 1 and 2 of this Article.
7. Measures to remedy consequences:
Forced removal of advertisements for violations stipulated at point b Clause 4, points b and c Clause 5 of this Article.
Article 29. Violations of provisions on advertising locations and positions
1. A warning or a fine of from VND 100,000 to VND 300,000 shall be imposed for each poster, flyer, brochure that does not comply with the designated location and does not clearly indicate the quantity and printing place.
2. A fine of from VND 200,000 to VND 500,000 shall be imposed for each banner that does not comply with the designated location specified in the permit.
3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Advertising that affects the solemnity of the workplace of state agencies;
b) Hanging, erecting, placing, attaching boards or signs in violation of the designated location and position specified in the permit.
4. A fine of from VND 3,000,000 to VND 10,000,000 shall be imposed for advertising in prohibited locations.
5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:
a) Hanging, erecting, placing, attaching boards or signs in traffic safety corridors, within the scope of protection of transportation works, power grids, telecommunications facilities, dykes, affecting traffic safety, power grid safety, telecommunications facilities, dykes;
b) Advertising telephone numbers, addresses of service providers in violation of designated locations; writing, drawing, pasting advertisements on walls, tree trunks, utility poles, and other objects causing urban aesthetic degradation and environmental landscape damage.
6. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for repeated offenses stipulated at point b Clause 5 of this Article.
7. Additional forms of administrative sanction:
Seizure of contraband items for violations stipulated at point a Clause 5 of this Article.
8. Measures to remedy consequences:
a) Forced removal and erasure of advertisements for violations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article;
b) Disconnecting telephone connections for violations stipulated at point b Clause 5, Clause 6 of this Article;
c) Forced collection of posters, flyers, brochures that do not comply with designated locations for violations stipulated in Clause 1 of this Article.
Article 30. Violations of provisions on advertising content
1. A fine of VND 500,000 to VND 1,500,000 for each poster, photograph, billboard, leaflet, brochure, umbrella, cart, flagpole, and similar forms used to advertise goods and services prohibited from being advertised.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Advertising goods and services that generate profit using the national flag as a background or hanging across traffic roads.
b) Advertising that is unclear, unclean, and affects aesthetics.
c) Advertising using inappropriate language.
3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Advertising through posters, leaflets, brochures, and similar forms containing prohibited advertising content.
b) Trading in goods with advertisements for prohibited goods and services.
4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Advertising on boards and signs that resemble the shape, color, and form of traffic signals and public signs.
b) Using images of Vietnamese currency for advertising purposes.
c) Advertising without using Vietnamese speech or writing except in cases provided for in Clause 1, Article 8 of the Advertising Ordinance.
5. A fine of VND 10,000,000 to VND 20,000,000 for one of the following acts:
a) Altering the approved advertising content in the permit.
b) Advertising goods not permitted to be traded or services not permitted to be performed at the time of advertisement.
c) Advertising prohibited goods and services on boxes attached to motorcycles, transportation vehicles, or other mobile objects, or placed permanently in public places.
d) Using symbols or trademarks in any form to advertise prohibited goods and services.
đ) Advertising alcohol with an alcohol content of 30 degrees or higher.
e) Advertising that incites violence or is gruesome in nature.
6. A fine from VND 20,000,000 to VND 30,000,000 for any of the following acts:
a) Advertising falsely or inaccurately regarding the quality of registered goods.
b) Using advertising to defame the reputation or credibility or infringe upon the lawful rights and interests of organizations or individuals.
c) Advertising with comparative content that diminishes the reputation or quality of another organization's or individual's goods.
d) Producing goods with advertisements for prohibited goods and services.
đ) Advertising that discriminates against ethnic groups, promotes racial discrimination, or infringes upon freedom of belief and religion.
e) Advertising prohibited goods and services except in the cases provided for in Clause 1, Point a and b of Clause 3, Point c of Clause 4 of this Article.
7. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:
a) Advertising that discloses state secrets, harms national independence, sovereignty, defense, security, and social safety.
b) Using the National Flag, National Anthem, State Emblem, image of the leader, Party Flag, International Anthem for advertising purposes.
8. Additional forms of punishment:
Seizure of evidence of violation for acts stipulated in Clause 1, Point a of Clause 2, Clause 3, Point a of Clause 4, Clause 5, Point d of Clause 6, and Clause 7 of this Article.
9. Remedial measures:
Order to remove or dismantle the violating advertising products for acts stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.
Article 31. Violations of provisions on advertising products not yet permitted for publication, distribution, or dissemination.
A fine of VND 3,000,000 to VND 10,000,000 for advertising films, film tapes, music tapes, stage performances, or artistic works not yet permitted for publication, distribution, dissemination, or public performance.
Article 32. Violations of advertising regulations in the fields of artistic performances, fashion, cultural activities, and sports competitions
1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:
a) Advertising during festivals, conferences, seminars, artistic performances, fashion shows, cultural exchanges, sports competitions, or entertainment programs on television where the backdrop displays, erects, places, or attaches sponsors' products without mentioning the name of the program or mentions the name of the program but hangs, erects, places, or attaches advertisements at the same level or higher than the name of the program, with larger font sizes.
b) Advertising through artistic performances or interwoven within artistic performance programs that do not conform to the permitted content or have not been approved and permitted by competent state authorities.
c) Advertising about impersonating artists or professional artistic units; advertising introducing actors that do not match the titles or artistic achievements conferred by the State or competent agencies.
2. A fine of from VND 10,000,000 to VND 15,000,000 for advertising goods or services prohibited from being advertised in artistic performance, fashion, entertainment, and sports competition programs, except in cases stipulated in Clause 3 of this Article.
3. A fine of from VND 15,000,000 to VND 25,000,000 for advertising goods or services prohibited from being advertised in national-scale festivals, artistic performances, fashion shows, cultural exchanges, and sports competitions.
Article 33. Violations of regulations on writing and placing signs
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Hanging, erecting, placing, or attaching signs away from the entrance or front facade of the office, organization, hotel, restaurant, shop, store, or exceeding the allowed number of signs.
b) Hanging, erecting, placing, or attaching signs that impair the urban aesthetics.
c) Not correctly or fully writing the name in Vietnamese on the sign.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) On the sign of Vietnamese organizations, it is only written in foreign languages and not in Vietnamese.
b) Displaying on the sign the personal name, abbreviation, international trade name in a foreign language above the name in Vietnamese.
c) Displaying on the sign the name, abbreviation, international trade name in a foreign language with a larger size than the name in Vietnamese.
d) The sign includes advertising.
3. A fine of from VND 5,000,000 to VND 10,000,000 for organizations or individuals registered for business but without a sign.
4. Measures to remedy consequences:
a) Order to dismantle the sign for violations specified in Clauses 1 and 2 of this Article.
b) Order to install a sign for violations specified in Clause 3 of this Article.
Section 6. VIOLATIONS IN THE FIELD OF CULTURAL HERITAGE, LIBRARIES, CULTURAL AND ARTISTIC WORKS, FORMS AND AMOUNTS OF FINES
Article 34. Violations of regulations on protecting cultural and artistic works, and cultural heritage
1. Warning or a fine of from VND 300,000 to VND 1,000,000 for acts defacing historical, cultural relics, scenic spots, cultural and artistic works.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Misrepresenting the content and value of intangible cultural heritage in promotion, dissemination, or performance.
b) Misrepresenting the content and value of historical and cultural relics in promotion or introduction.
3. A fine of from VND 3,000,000 to VND 10,000,000 for any of the following acts:
a) Damaging objects of value under VND 50,000,000 in museums or historical-cultural relics.
b) Failing to register national treasures with competent authorities or failing to notify competent authorities when changing ownership of national treasures as prescribed.
c) Altering or removing the classification of historical-cultural relics.
d) Making copies of antiques, national treasures without permission.
4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:
a) Damaging but not seriously historical-cultural relics, scenic spots, cultural and artistic works.
b) Changing original elements of cultural heritage.
5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Damaging objects of value over VND 50,000,000 in museums; seriously damaging historical-cultural relics, scenic spots, cultural and artistic works.
b) Illegally occupying or using historical-cultural relics, scenic spots, cultural and artistic works for any purpose.
c) Illegally constructing within protected areas of historical-cultural relics, scenic spots.
d) Illegally trading national treasures.
6. A fine of from VND 30,000,000 to VND 40,000,000 for destroying historical-cultural relics and cultural and artistic works.
7. Additional forms of punishment
Confiscation of evidence for violations specified in Point d Clause 3, Point d Clause 5 of this Article.
8. Measures to remedy consequences:
a) Order to restore the original condition for violations specified in Clauses 1 and 4, Point c Clause 5, Clause 6 of this Article.
b) Order to dismantle illegally constructed structures, recover occupied areas for violations specified in Points b and c Clause 5 of this Article.
Article 35. Violations of regulations on archaeological excavation, restoration, and preservation of historical and cultural relics
1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:
a) Conducting exploration and archaeological excavation not in accordance with the content stated in the permit;
b) Preserving, repairing, and restoring historical and cultural relics not in accordance with the approved content and technical design.
2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:
a) Conducting exploration and archaeological excavation without a permit; illegally excavating and salvaging at archaeological sites;
b) Restoring and preserving historical and cultural relics without a written agreement from the competent state authority.
3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on overseas Vietnamese residents, organizations, and foreign individuals who collect and study intangible cultural heritage in Vietnam without permission from the competent Vietnamese state authority or who fail to comply with the permitted content.
4. Additional forms of administrative punishment:
a) Revoking the right to use the permit indefinitely for the acts stipulated in Clauses 1 and 3 of this Article;
b) Confiscating the objects and means of violation for the acts stipulated in Clause 2 of this Article.
Article 36. Violations of regulations on the discovery, protection, declaration, and surrender of cultural property (antiquities, artifacts, national treasures)
1. A fine shall be imposed on the act of discovering cultural property but failing to declare it voluntarily and intentionally appropriating it as follows:
a) A fine of VND 3,000,000 to VND 5,000,000 for antiquities, artifacts, and national treasures valued under VND 10,000,000;
b) A fine of over VND 5,000,000 to VND 10,000,000 for antiquities, artifacts, and national treasures valued from VND 10,000,000 to under VND 20,000,000;
c) A fine of over VND 10,000,000 to VND 20,000,000 for antiquities, artifacts, and national treasures valued from VND 20,000,000 to under VND 50,000,000;
d) A fine of over VND 20,000,000 to VND 30,000,000 for antiquities, artifacts, and national treasures valued from VND 50,000,000 to under VND 100,000,000;
đ) A fine of over VND 30,000,000 to VND 35,000,000 for antiquities, artifacts, and national treasures valued from VND 100,000,000 to under VND 200,000,000;
e) A fine of over VND 35,000,000 to VND 40,000,000 for antiquities, artifacts, and national treasures valued from VND 200,000,000 to under VND 500,000,000;
2. A fine of VND 40,000,000 shall be imposed on the act of discovering cultural property valued at VND 500,000,000 or more but failing to declare it voluntarily and intentionally appropriating it.
3. A fine shall be imposed on the act of damaging cultural property discovered but failing to surrender it voluntarily as follows:
a) A fine of VND 3,000,000 to VND 10,000,000 for the act of damaging cultural property valued under VND 100,000,000;
b) A fine of VND 10,000,000 to VND 20,000,000 for the act of damaging cultural property valued from VND 100,000,000 to under VND 300,000,000;
c) A fine of VND 20,000,000 to VND 30,000,000 for the act of damaging cultural property valued from VND 300,000,000 to under VND 500,000,000;
d) A fine of VND 30,000,000 to VND 40,000,000 for the act of damaging cultural property valued at VND 500,000,000 or more.
4. Additional forms of administrative punishment:
Confiscation of the objects of violation for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Article 37. Violations in the field of libraries
1. A warning or a fine from 100,000 VND to 300,000 VND shall be imposed for the act of damaging or misusing library materials with a value under 500,000 VND.
2. A fine from 300,000 VND to 500,000 VND shall be imposed for one of the following acts:
a) Damaging or misusing library materials with a value from 500,000 VND to under 1,000,000 VND;
b) Illegally photocopying library materials;
c) Illegally using library materials specified in Article 5 of the Ordinance on Libraries and other limited-use materials;
d) Not registering library activities with competent state agencies.
3. A fine from 500,000 VND to 1,500,000 VND shall be imposed for the act of damaging or misusing library materials with a value from 1,000,000 VND to under 3,000,000 VND.
4. A fine from 1,500,000 VND to 3,000,000 VND shall be imposed for the act of seriously damaging or destroying library materials with a value from 3,000,000 VND to under 7,000,000 VND.
5. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of seriously damaging or destroying library materials with a value from 7,000,000 VND to under 15,000,000 VND.
6. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of seriously damaging or destroying library materials with a value from 15,000,000 VND to 30,000,000 VND.
7. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of seriously damaging or destroying library materials with a value from 30,000,000 VND to 50,000,000 VND.
8. A fine of 15,000,000 VND shall be imposed for the act of seriously damaging or destroying library materials with a value of 50,000,000 VND or more.
9. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of illegally storing materials with contents specified in Clause 1, Article 5 of the Ordinance on Libraries or publications that have been recalled by competent state agencies.
10. Additional forms of punishment:
Seizure of evidence of violation shall be carried out for the act stipulated in Clause 9 of this Article.
11. Remedial measures:
a) Compel the payment of costs for restoring damaged materials for the acts stipulated in Clause 1, Point a Clause 2, Clauses 3, 4, 5, 6, 7, and 8 of this Article;
b) Compel the return of misused library materials for the acts stipulated in Clause 1, Point a Clause 2, and Clause 3 of this Article.
Section 7. VIOLATIONS IN THE FIELD OF EXPORTING AND IMPORTING CULTURAL PRODUCTS; ANNOUNCING AND SPREADING WORKS ABROAD; FORMS AND AMOUNTS OF FINES
Article 38. Violations of export and import procedures for cultural products
1. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of falsely declaring or concealing cultural products subject to declaration according to regulations with a quantity under 10 copies during export and import procedures.
2. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed for the act of falsely declaring or concealing cultural products subject to declaration according to regulations with a quantity from 10 to 30 copies during export and import procedures.
3. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of falsely declaring or concealing cultural products subject to declaration according to regulations with a quantity over 30 copies during export and import procedures.
4. Additional forms of administrative punishment:
Confiscation of the objects of violation for the acts stipulated in Clauses 1, 2, and 3 of this Article.
Article 39. Violations of export and import permits for cultural products
1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on any of the following acts:
a) Importing cultural products exceeding the quantity stated in the permit with a quantity from 10 copies to under 30 copies;
b) Altering or erasing export and import permits for cultural products.
2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Importing cultural products not in accordance with the list stated in the permit with a quantity from 10 copies to under 30 copies;
b) Importing cultural products exceeding the quantity stated in the permit with a quantity of 30 copies or more;
c) Importing cultural products required to have a permit without a permit with a quantity under 30 copies.
3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Importing cultural products required to have a permit without a permit with a quantity from 30 copies to under 300 copies;
b) Exporting cultural heritage required to have a permit without a permit.
4. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of importing cultural products required to have a permit without a permit with a quantity of 300 copies or more.
5. Additional forms of punishment:
Seizure of evidence of violation shall be carried out for the acts stipulated in Clauses 1, 2, 3, and 4 of this Article.
Article 40. Violations of Prohibitions on Exporting and Importing Cultural Products
1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for the act of exporting or importing cultural products including manuscripts prohibited from export and import with a quantity under 10 copies.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Exporting or importing cultural products including manuscripts prohibited from export and import with a quantity from 10 copies to under 100 copies;
b) Using imported cultural products not for business purposes with a value from 5,000,000 VND to under 20,000,000 VND for business;
c) Changing the purpose of use of imported cultural products without permission from competent state agencies.
3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Exporting or importing cultural products prohibited from export and import with a quantity of 100 copies or more;
b) Using imported cultural products not for business purposes for business with a value of 20,000,000 VND or more.
4. A fine shall be imposed for the act of exporting antiques, ancient objects, national treasures without permission as follows:
a) A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for violations where the object has a value under 10,000,000 VND;
b) A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for violations where the object has a value from 10,000,000 VND to under 20,000,000 VND;
c) A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for violations where the object has a value from 20,000,000 VND to under 50,000,000 VND;
d) A fine of from 15,000,000 VND to 30,000,000 VND shall be imposed for violations where the object has a value of 50,000,000 VND or more.
5. Additional forms of punishment:
Seizure of evidence of violation shall be carried out for the acts stipulated in Clauses 1, 2, 3, and 4 of this Article.
6. Measures to remedy consequences:
The violator must re-export or destroy the object of violation if it is not confiscated in cases stipulated in Clauses 1 and 2, Point a Clause 3 of this Article.
Article 41. Violations of Regulations on Publishing and Disseminating Works Abroad
1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Publishing or disseminating photographic works without a permit;
b) Publishing or disseminating fine art works without a permit.
c) Publishing or disseminating theatrical works without a permit;
d) Publishing or disseminating musical works without a permit.
2. A fine of from 15,000,000 VND to 25,000,000 VND shall be imposed for the act of publishing or disseminating film works without a permit.
3. A fine of from 25,000,000 VND to 30,000,000 VND shall be imposed for any of the following acts:
a) Publishing or disseminating fine art works prohibited from publication and dissemination;
b) Publishing or disseminating photographic works prohibited from publication and dissemination;
c) Publishing or disseminating musical works prohibited from publication and dissemination;
d) Publishing or disseminating theatrical works prohibited from publication and dissemination.
4. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of publishing or disseminating film works prohibited from publication and dissemination.
Chapter III
AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS IN CULTURAL ACTIVITIES
Article 42. Authority to Impose Administrative Sanctions of Chairpersons of People's Committees at All Levels
Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions according to Clause 4, Clause 5 Article 1 of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations dated April 2, 2008 and Article 30 of the Ordinance on Handling Administrative Violations in 2002 within their localities' jurisdiction for administrative violations in the field of culture as prescribed in this Decree.
Article 43. Administrative Sanctioning Authority of Specialized Inspection Agencies
1. A specialized cultural inspector performing official duties has the authority to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) Confiscate objects and means used in violation up to a value of 2,000,000 VND;
d) Apply measures to remedy consequences or other measures prescribed in Chapter II of this Decree, except for the measure of ordering the demolition of illegal construction works.
2. The Chief Inspector of the Department of Culture, Sports and Tourism has the authority to:
a) To issue warnings;
b) Impose fines up to thirty million dong;
c) Confiscate objects and means used to commit administrative violations.
d) Suspend the right to use licenses and professional certificates within their authority;
đ) Apply measures to remedy consequences or other measures prescribed in Chapter II of this Decree.
3. The Chief Inspector of the Ministry of Culture, Sports and Tourism has the authority to:
a) To issue warnings;
b) Impose fines up to 40,000,000 VND;
c) Confiscate objects and means used to commit administrative violations.
d) Suspend the right to use licenses and professional certificates within their authority;
đ) Apply measures to remedy consequences or other measures prescribed in Chapter II of this Decree.
Article 44. Administrative Sanctioning Authority of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management, and Other Specialized Inspectors
The People's Public Security, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management, and other specialized inspectors have the authority to impose sanctions on administrative violations defined in this Decree within their respective fields and sectors.
Article 45. Determination of Administrative Sanctioning Authority
1. In cases where administrative violations stipulated in this Decree fall under the sanctioning authority of multiple individuals, the sanction shall be carried out by the first person to handle the case.
2. The sanctioning authority of those specified in Articles 42, 43, and 44 of this Decree applies to certain administrative violations. When imposing fines, the sanctioning authority is determined based on the maximum amount of the fine prescribed for each specific violation.
3. In cases where an individual commits multiple administrative violations, the sanctioning authority is determined according to the principle set forth in Point 3, Clause 17, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations in 2002.
Article 46. Procedures for Imposing Sanctions
1. Upon discovering administrative violations in cultural activities, the authorized sanctioning authority must immediately issue an order to stop the administrative violation.
2. In cases where administrative sanctions are imposed through warnings or fines up to VND 200,000, the authorized sanctioning authority must issue a decision to impose sanctions on the spot according to the simplified sanctioning procedure prescribed in Clause 21, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations in 2008 and Article 21 of Decree No. 128/2008/NĐ-CP dated December 16, 2008.
3. In cases where administrative sanctions are imposed through fines exceeding VND 200,000, the authorized sanctioning authority must promptly prepare a record of the administrative violation. The procedures for preparing the record and the time limit for issuing the sanctioning decision are implemented according to the provisions of Articles 22 and 23 of Decree No. 128/2008/NĐ-CP dated December 16, 2008.
4. When imposing fines, the specific fine amount for each administrative violation is the midpoint of the fine range prescribed for that violation in this Decree. In cases with mitigating circumstances, the fine may be lower but not below the minimum level of the prescribed fine range. In cases with aggravating circumstances, the fine may be higher but not exceed the maximum level of the prescribed fine range. When imposing a fine, the fine range and the specific fine amount must be announced to the violator.
5. The sanctioning decision takes effect from the date of signature, except when another effective date is specified in the decision.
The sanctioning decision must be sent to the individual or organization being sanctioned and the revenue collection agency within three days from the date of issuance of the sanctioning decision.
Article 47. Collection and Payment of Administrative Fine
Organizations and individuals who violate administrative regulations in cultural activities and are fined must pay the fine at the location specified in Article 58 of the Administrative Violation Handling Ordinance 2002.
Article 48. Procedures for Seizure and Disposal of Evidence and Means of Violation
1. When applying the form of seizure of evidence and means of administrative violation in cultural activities, the authorized person imposing the penalty must strictly follow the procedures stipulated in Article 60 of the Administrative Violation Handling Ordinance 2002.
2. The person issuing the seizure decision shall be responsible for organizing the preservation of seized evidence and means. Within ten days from the date of seizure of evidence and means of violation, the person issuing the seizure decision must transfer the penalty decision, seizure record, and all seized evidence and means to the competent authority to organize public auction according to the provisions of Article 61 of the Administrative Violation Handling Ordinance 2002, except for tapes, discs, and cultural products with content.
3. For evidence that is relics, antiques, or national treasures, the person issuing the decision must report to the Ministry of Culture, Sports and Tourism so that the Minister of Culture, Sports and Tourism can assign the appropriate agency to manage and utilize them.
4. The proceeds from the sale of seized evidence and means, after deducting expenses as prescribed by law, must be deposited into the state budget.
Article 49. Procedures for Revoking License Usage Rights
The procedures for revoking license usage rights in cultural activities shall be carried out in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance and Article 11 of Decree No. 128/2008/NĐ-CP dated December 16, 2008.
Article 50. Procedures for Destroying Harmful Cultural Products
1. For cultural products that have been seized and are decided to be destroyed by the competent state authority on culture, a disposal committee must be established to carry out the destruction. The composition of the disposal committee includes representatives from the state management agency on culture, police, finance, and other relevant agencies at the same level.
2. When carrying out the destruction of cultural products, the responsible agency must prepare a destruction record. The record must be signed and confirmed by the members of the disposal committee. In necessary cases, representatives of related agencies and organizations may be invited to witness the destruction.
3. The Ministry of Culture, Sports and Tourism shall provide detailed guidance on the procedures for destroying various types of cultural products that need to be destroyed as prescribed in this Decree.
Chapter IV
IMPLEMENTING PROVISIONS
Article 51. Effectiveness of the Decree
1. This Decree takes effect from September 1, 2010.
2. The provisions regarding violations, forms, and penalties in the fields of culture in Sections 3, 4, 5, 6, 7, 8, 9, and 10 of Chapter II of Decree No. 56/2006/NĐ-CP dated June 6, 2006 of the Government on administrative penalties in cultural-information activities cease to be effective from the date this Decree takes effect.
Article 52. Responsibility for Implementing the Decree
1. The Ministry of Culture, Sports and Tourism shall take the lead in coordinating with relevant ministries and sectors to guide and implement this Decree.
2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for enforcing this Decree./.
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