Chương III Nghị định 119/2020/NĐ-CP: Hành vi vi phạm hành chính trong hoạt động xuất bản; hình thức xử phạt và biện pháp khắc phục hậu quả

Chapter III

ADMINISTRATIVE VIOLATIONS IN PUBLICATION, PENALTIES APPLIED AND RECOVERY METHOD

Article 22. Violations in publication licenses, operating conditions of publication

1. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Failure to send a written notice to MIC when the publisher's head office is relocated;

b) Failure to apply for re-issuance of a license for establishment of representative office of a foreign publisher or a foreign publishing organization in Vietnam when the license is lost or damaged;

c) Failure to amend the license for establishment of representative office in Vietnam of a foreign publisher or a foreign publishing organization when changing the representative office’s head, name, or activities.

2. A fine from VND 5,000,000 to 10,000,000 for changing one of the following contents without replacement of license for establishment of publisher:  Change of the governing body, change of the name of publisher's governing body or the name of the publisher; change of the publisher's organization type; change of the principles, purposes, readers, and major publications of the publisher.

3. A fine from VND 10,000,000 to VND 20,000,000 for the action below:

a) Failure to properly implement the content expressed in the license for establishment of publisher;

b) Violations against regulations on operating conditions of publisher;

c) Operating a representative office of the foreign publisher a foreign publishing organization in Vietnam but failure to meet requirements or properly implement the content expressed in the establishment license.

4. A fine from VND 20,000,000 to VND 30,000,000 for failure to terminate operation of the representative office when the foreign publisher or foreign publishing organization ceases operation, disbands, or goes bankrupt abroad.

5. A fine from VND 30,000,000 to VND 50,000,000 for continuing to operate representative offices of the foreign publisher or foreign publishing organization in Vietnam but the license has expired.

6. A fine from VND 50,000,000 to VND 100.000.000 for operating representative offices of the foreign publisher or foreign publishing organization in Vietnam without an establishment license.

7. A fine from VND 140,000,000 to VND 200,000,000 for operating the publisher without a license for establishment of publisher.

8. Recovery method:

a) Must recall publications, for the action specified in clause 7 of this Article;

b) Must return the illegal benefits gained from the violation specified in clause 7 of this Article.

Article 23. Violations in the process and procedures in publishing activities

1. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Failure to provide sufficient information in the publishing decision form as prescribed;

b) Insufficient storage of manuscript editing documents and related documents of the publication;

c) Using a written consent of the author, the copyright owner that does not have enough information in the prescribed form;

d) Signing and approving the complete manuscript for printing or releasing electronic publication in contravention of regulations or not adequately as prescribed;

dd) Signing the printing contract between the publisher, the entity licensed to publish non-commercial documents and the printing establishment but failure to express the publication quantity or with the excess of publication quantity compared with the publishing decision or license to publish non-commercial documents.

2. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Failure to issue a publishing decision for each publication;

b) Revealing or leaking the contents of the work or document before being released that affects the interests of the author or the copyright owner to each publication;

c) Failure to comply with the contents of the license to publish non-commercial documents in terms of the name of the document, scope of release, form of release, and place of printing for each publication;

d) Publishing the publication inconsistently with the content of the certification of publication registration with regard to the publication's name, author's name, translator's name (if any), genre, publication language, and associated partner for each publication.

3. A fine from VND 10,000,000 to VND 15,000,000 for the action below:

a) Increasing the retail price indicated on the publication without the consent of the publisher's director for each publication;

b) Putting the name as editor-in-chief or editor in a publication without an editorial practice certificate for each publication;

c) Publishing the publication that is inconsistent with the summary of contents, topic in the certification of publication registration for each publication;

d) Organizing or permitting the release of the publication but not issuing the release decision for each publication;

dd) Signing the publishing decision beyond authority or without a legal authorization;

e) Failure to enter into a printing contract with the printing establishment for each publication;

g) Entering into a printing contract with a printing establishment that does not have a license to print publications.

4. A fine from VND 15,000,000 to VND 20,000,000 for the action below:

a) Publishing the publication without a certification of publication registration or without a license to publish non-commercial documents for each publication;

b) Publishing or reprinting publications without a publishing or reprinting decision for each publication;

c) Failure to edit the manuscript, or sign for approval of the manuscript before it is printed or released on the electronic means for each publication;

d) Modifying or falsifying contents of the approved manuscript or manuscript of non-commercial documents bearing the seal of the publishing licensing agency for each publication;

dd) Failure to retain manuscript editing documents and relevant documents of publications for each publication;

e) Failure to modify, suspend the release, revoke or destroy the publications upon written request of a competent authority for each publication;

g) Failure to assess the content of the work or document according to regulations or at the request of a competent authority for each publication;

h) Publishing the work or document and reprinting the publication without written consent of the author or copyright holder in accordance with the provisions of law applicable to each publication.

5. Recovery method:

Must recall the publications, for the actions specified in points a, b, d and h clause 4 of this Article.

Article 24. Violations in publication content

1. A fine from VND 10,000,000 to VND 20,000,000 for publishing the publication with less serious false contents for each publication title.

2. A fine from VND 20,000,000 to VND 40,000,000 for the act of publishing the publication with contents in one of the following cases:

a) Disclosing the secrets of the organization or individual for each publication title;

b) Serious false contents for each publication title.

3. A fine from VND 40,000,000 to VND 80,000,000 for the act of publishing the publication with contents in one of the following cases:

a) Obscenity and debauchery, incitement to violence, superstition or inconformity with Vietnamese fine customs for each publication title;

b) Offending the reputation of the corporate and the honor and dignity of the individual for each publication title;

c) Disclosing state secrets for each publication title but not to the extent where criminal prosecution is needed.

4. A fine from VND 80,000,000 to VND 140.000.000 for publishing the publication with serious false contents for each publication title.

5. A fine from VND 140.000.000 to VND 200.000.000 for the act of publishing the publication with contents in one of the following cases:

a) Distorting historical truths, denying revolutionary achievements; insulting the nation, personalities and national heroes; prejudicing the national interests; causing national disunity for each publication title;

b) Failure to express or to correctly express national sovereignty over each title of published map.

6. Additional penalties:

Suspend the operation from 01 to 03 months for the actions mentioned in clauses 4 and 5 of this Article.

7. Recovery method:

a) Must recall the publications, for the actions specified in clauses 1 and 2 of this Article;

b) Must recall the publications, for the actions specified in clauses 3, 4 and 5 of this Article;

c) Must making public apology, for the actions mentioned at point a clause 2 and point c clause 3 of this Article;

d) Must return the illegal benefits gained from the violations specified in clauses 4 and 5 of this Article.

Article 25. Violations in layout and illustration of publications and compulsory information on publications

1. A fine from VND 1,000,000 to VND 3,000,000 for placing information in the wrong position or insufficient information on the publication for each publication title, except for cases of specified at points b and c, clause 2 of this Article.

2. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Incorrect compulsory information on the publication for each publication title;

b) Failure to write “Advertising book” on the fourth cover, for advertising books, for each publication title;

c) Using images of children for illustration on publications without the consent of parents or guardians in accordance with current regulations for children under 7 years of age or without the consent of children and of parents, guardians according to the current regulations, for 7-year-old or older children, for each publication title.

3. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Using pictures, drawings, symbols or characters to present or illustrate the publication that are offensive or inconsistent with the Vietnamese fine traditions and customs applicable to each publication name;

b) Using map images for presentation or illustration on publications but incorrectly expressing the national sovereignty over each publication's name.

4. Recovery method:

a) Must recall the publication, for the action specified in clause 2 of this Article;

b) Must recall the publication, for the action specified in clause 3 of this Article.

Article 26. Violations in depositing publications and submitting publications to the National Library of Vietnam

1. A fine from VND 500,000 to VND 1,000,000 for failure to submit the publication in due time or in sufficient quantity to the National Library of Vietnam for each publication title.

2. A fine from VND 1.000.000 to VND 3,000,000 for failure to submit the publication to the National Library of Vietnam for each publication title.

3. A fine from VND 5,000,000 to VND 10,000,000 for releasing the publication while 10 days have not elapsed yet after the legal deposit, for each publication title.

4. A fine from VND 10,000,000 to VND 20,000,000 for releasing the publication without the legal deposit, for each publication title.

5. Recovery method:

a) Must submit the publication to the National Library of Vietnam, for the actions specified in clauses 1 and 2 of this Article;

b) Must deposit the publication, for the actions specified in clauses 3 and 4 of this Article.

Article 27. Violations in publishing cooperation

1. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Issue the publishing decision before signing a publishing cooperation contract;

b) The cooperation contract does not fully express the content of cooperation as prescribed

c) Failure to retain a certified copy of the valid identity card or citizen's identity or passport of the individual who is a cooperative partner or failure to keep a certified copy of proof of the legal status of the corporate that is a cooperative partner.

2. A fine from VND 5,000,000 to VND 10,000,000 for the cooperation in preliminarily editing the manuscript, but the cooperative partner is not eligible, for each publication title.

3. A fine from VND 10,000,000 to VND 15,000,000 for the action below:

a) Cooperating in publishing or reprinting the work or document but there is no legal document proving the consent of the copyright owner for each publication title;

b) Releasing the cooperative publication before there is a distribution decision for each publication title.

4. A fine from VND 15,000,000 to VND 20,000,000 for the action below:

a) Cooperating in publishing the publication without a cooperation contract for each publication title;

b) Failure to comply with the manuscript content approved by the general director (director) of the publisher to print or release on the electronic means for each publication title;

c) Cooperating in preliminarily editing the manuscript of the work or document for which the preliminary edit is not allowed, for each publication title.

5. A fine from VND 20,000,000 to VND 30,000,000 for failure to modify, suspend the release, revoke or destroy the publications upon written request of the director (general director) of the house. publishing or a competent authority, for each publication name;

6. Additional penalties:

Suspend the operation from 01 to 02 months for the action mentioned in clause 5 of this Article.

7. Recovery method:

a) Must recall the publication, for the action specified in point a clause 3 of this Article;

b) Must return the illegal benefits gained from the violation specified in point a clause 3 of this Article.

Article 28. Violations in printing publications

1. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Updating inadequate information on the receipt of prepress, printing, and postpress into the "logbook of receipt of prepress, printing and postpress" according to the prescribed form;

b) Keeping inadequate dossier of printing publications.                  

2. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Printing the publication without a printing contract signed between the publisher and the printing establishment for each publication title;

b) Failure to make the “logbook of receipt of prepress, printing and postpress";

c) Failure to notify in writing the licensing agency of printing publications when there is any replacement of the head of the printing establishment.

3. A fine from VND 10,000,000 to VND 20,000,000 for the action below:

a) Printing the publication that does not correspond to the manuscript content approved by the general director (director) of the publisher, for each publication title; or the manuscript content of the non-commercial document that obtains the license for publishing, for each publication title;

b) Going through the prepress or postpress process without a printing license issued by the competent authority;

c) Failure to keep the dossier of acceptance of printing publication for each publication title;

d) Printing the publication but the manuscript for printing is not fully approved according to the regulations applicable to each publication title;

dd) Printing fewer than 1,000 copies of the finished product or of the semi-finished product without a publishing license and without an accepted manuscript for each publication title;

e) Using a printing license that has not been renewed under regulations to go through the prepress, printing, postpress process.

4. A fine from VND 30,000,000 to VND 50,000,000 for the action below:

a) Printing the publication but the printing establishment fails to maintain the facilities in proper condition after being granted the printing license;

b) Printing fewer than 1,000 copies of the finished product or of the semi-finished product without a publishing decision and without an accepted manuscript for each publication title;

c) Printing from 1,000 to fewer than 2,000 copies of the finished product or of the semi-finished product without a publishing license and without an accepted manuscript for each publication title;

5. A fine from VND 50,000,000 to VND 70,000,000 for the action below:

a) Printing from 1,000 to fewer than 2,000 copies of the finished product or of the semi-finished product without a publishing decision and without an accepted manuscript for each publication title;

b) Doing printing outsourcing for foreign organizations and individuals without a license for doing printing outsourcing of publications for each publication title.

6. A fine from VND 70,000,000 to VND 100,000,000 for the action below:

a) Using photocopiers and printing devices to duplicate publications which have been suspended from release, recalled, confiscated, banned from circulation, destroyed or illegally imported;

b) Printing fewer than 1,000 copies of the finished product or of the semi-finished product without a publishing decision and without an accepted manuscript for each publication title;

c) Printing the publication without a license to print publications.

7. A fine from VND 140,000,000 to VND 200,000,000 for the action below:

a) Printing from 1,000 to fewer than 2,000 copies of the finished product or of the semi-finished product without a publishing decision and without an accepted manuscript for each publication title;

b) Printing publications which have been suspended from release, recalled, confiscated, banned from circulation, or destroyed with quantity of fewer than 500 copies or finished products or semi-finished products, for each publication title.

8. Additional penalties:

a) Suspend the license or operation for 01 to 03 months for the action prescribed in point b clause 6 of this Article;

b) Suspend the license or operation for 04 to 06 months for the action prescribed in clause 7 of this Article.

9. Recovery method:

a) Must recall the publication, for the action specified in point a clause 3 of this Article;

b) Must destroy the print products, for the actions specified at points b and c, clause 4; clause 5; points a and b, clause 6; clause 7 of this Article;

c) Must return the illegal benefits gained from the violations specified in clauses 6 and 7 of this Article.

Article 29. Violations in archiving and releasing publications

1. A fine from VND 3,000,000 to VND 5,000,000 for the action below:

a) Releasing publications without invoices or proof showing legal origin or illegally releasing publications to foreign countries in the territory of Vietnam with quantity of fewer than 50 copies for each publication title;

b) Selling publications of the type of non-commercial use for each publication title;

c) Archiving finished products or semi-finished publications without invoices or proof showing legal origin, with the quantity of fewer than 50 copies for each publication title.

2. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Releasing publications without invoices or proof showing legal origin or illegally releasing publications to foreign countries in the territory of Vietnam with quantity of from 50 to fewer than 100 copies for each publication title;

b) Failure to notify the publishing authority when the type of organization is changed or the head of the releasing establishment is replaced or the head office, branch or business location is relocated in the same province or central-affiliated city;

c) Failure to carry out the procedures for re-registration of publication release activities when moving the head office or branch to another province or central-affiliated city; establishment or dissolution of a branch in the same province or central-affiliated city where its head office is located; the establishment or dissolution of a branch in the province or central-affiliated city where the head office is not located;

d) Archiving finished products or semi-finished publications without invoices or proof showing legal origin, with the quantity of from 50 to fewer than 100 copies for each publication title.

3. A fine from VND 10,000,000 to VND 15,000,000 for the action below:

a) Releasing publications without invoices or proof showing legal origin or illegally distributing publications to foreign countries in the territory of Vietnam with quantity of from 100 to fewer than 300 copies for each publication title;

b) Releasing publications without a certificate of publication release registration by a competent authority or while the release facility fails to satisfy the operating conditions;

c) Archiving finished products or semi-finished publications without invoices or proof showing legal origin, with the quantity of from 100 to fewer than 300 copies for each publication title.

4. A fine from VND 15,000,000 to VND 20,000,000 for the action below:

a) Archiving or releasing illegally imported publications with a quantity of fewer than 100 copies for each publication title;

b) Archiving or releasing publications which have been suspended from release, recalled, confiscated, banned from circulation, or destroyed with quantity of fewer than 100 copies, for each publication title;

c) Releasing publications without invoices or proof showing legal origin or illegally distributing publications to foreign countries in the territory of Vietnam with quantity of from 300 to fewer than 500 copies for each publication title;

d) Hold fair and exhibition of publications that do not correspond to the permit.

dd) Failure to inspect and assess the contents of the publication before being displayed, introduced or released at an exhibition or fair;

e) Distributing publications in an exhibition or exhibition fair without invoices or proof showing the legal origin of each publication title;

g) Archiving finished products or semi-finished publications without invoices or proof showing legal origin, with the quantity of from 300 to fewer than 500 copies for each publication title.

5. A fine from VND 30,000,000 to VND 50,000,000 for the action below:

a) Releasing publications without invoices or proof showing legal origin or illegally releasing publications printed under the outsourcing agreement with the foreign country in the territory of Vietnam with quantity of fewer than 500 copies for each publication title;

b) Archiving or releasing publications which have been suspended from release, recalled, confiscated, banned from circulation, or destroyed with quantity of from 100 to fewer than 300 copies, for each publication title;

c) Archiving or releasing illegally imported publications with a quantity of from 100 to fewer than 300 copies for each publication title;

d) Hold fair and exhibition of publications in Vietnam but not licensed by the authority in charge of publishing activities;

dd) Archiving finished products or semi-finished publications without invoices or proof showing legal origin, with the quantity of 500 copies or more for each publication title.

6. A fine from VND 50,000,000 to VND 70,000,000 for the action below:

a) Archiving or releasing illegally imported publications with a quantity of from 300 to fewer than 500 copies for each publication title;

b) Archiving or releasing publications which have been suspended from release, recalled, confiscated, banned from circulation, or destroyed with quantity of from 300 to fewer than 500 copies, for each publication title;

7. Additional penalties:

Suspend the license for import of publications or suspend the operation for 01 to 03 months for the action prescribed in clause 6 of this Article.

8. Recovery method:

a) Must recall the publication, for the action specified in point b clause 1 of this Article;

b) Must destroy publications, for the actions specified at points a and c, clause 1; points a and d, clause 2; points a and c, clause 3; points a, b, c, e and g clause 4; points a, b, c and dd of clause 5; clause 6 of this Article;

c) Must return the illegal benefits gained from the administrative violations specified at points a and b, clause 1; point a of clause 2; point a of clause 3; points a, b and c, clause 4; points a, b and c, clause 5; clause 6 of this Article.

Article 30. Violations in publication import and export

1. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Failure to request the competent authority to reissue the license to import publications in case of loss or damage;

b) Failure to issue internal regulations on assessment of imported publications or failure to send to a competent authority available internal regulations on assessment of imported publications;

c) Assessing the contents of imported publications before being released but failure to ensure adequate procedures are followed as prescribed;

d) Failure to report the results of assessment of contents of imported publications to the competent authority;

dd) Failure to comply with the contents of the license for import of non-commercial publications.

2. A fine from VND 10,000,000 to VND 20,000,000 for the action below:

a) Importing non-commercial publications without an import license, except for cases where the license is not required;

b) Failure to re-export for publication imported as materials for international seminars which allowed to organized in Vietnam or publication belong to institution, family and individual that are used privately after it has been used (publicly);

c) Failure to assess the content of imported publication for commercial purpose before the release, for each publication;

d) Importing publications for commercial purpose without a certification of import registration by a competent authority, for each publication.

3. A fine from VND 20,000,000 to VND 30,000,000 for the action below:

a) Doing business in the import and export of publications but not meeting the conditions for operation after obtaining the license from the competent regulatory agency;

b) Selling imported publications of the type of non-commercial use for each publication title;

c) Releasing imported publications without the consent of the agency that requests the assessment of the contents of imported publications for each publication.

4. A fine from VND 30,000,000 to VND 50,000,000 for the action below:

a) Doing business in importing publications without a license;

b) Exporting the publication that has been illegally published or printed, the publication subject to printing or release suspension, ban from circulation, revocation, recall, destruction, publication with prohibited content.

5. Recovery method:

a) Must recall the publications, for the actions specified in point c clause 2 and point b clause 3 of this Article;

b) Must re-export the publication, for the action specified in point a and b clause 2 of this Article;

c) Must destroy the publication, for action mentioned in clause 4 this Article;

d) Must return the illegal benefits gained from the administrative violations specified at points b and c clause 3; and point b clause 4 of this Article.

Article 31. Violations in requirements for electronic publishing and release of electronic publications

1. A fine from VND 10,000,000 to VND 20,000,000 for the action below:

a) Doing electronic publishing or releasing electronic publications but failure to ensure sufficient capacity in terms of equipment, technology and technical human resources to administer and manage the electronic publishing process;

b) Failure to take technical measures as prescribed to prevent illegal copying or interference of the contents of an electronic publication;

c) Doing electronic publishing or releasing electronic publications on the Internet without having a Vietnamese internet domain name;

d) Releasing an electronic publication without a legal document proving the consent of the copyright owner for each publication title;

dd) Failure to take technical measures to prevent interference with the publication's contents or failure to remove the illegal publication at the request of the competent authority;

e) Releasing an electronic publication in contravention of the approved complete manuscript content or issuing a publishing license for each publication title.

2. A fine from VND 30,000,000 to VND 50,000,000 for the action below:

a) Publishing and releasing electronic publications together with the application of technologies that posts security risks to the electronic devices;

b) Supplementing information that the users of electronic publications do not request, except for information permitted by law or with the consent of the publishing authority;

c) Illegally interfering with the content or form of an electronic publication to falsify the contents or committing illegal acts on each publication title;

d) Failure to comply with requests of the competent authority to stop publishing or releasing electronic publications or to remove or prevent users from accessing a part of the content or the whole publication that shows signs of violation of law;

dd) Releasing electronic publications without confirmation of registration of release of electronic publications by the competent authority.

3. A fine from VND 100,000,000 to VND 200,000,000 for the action below:

a) Releasing on the electronic devices the publication subject to decision on release suspension, recall, ban from circulation, or destruction of the publication title;

b) Doing electronic publishing without a written confirmation of operation registration by the competent authority.

4. Additional penalties:

Suspend the electronic release for 01 to 03 months for the action mentioned in clause 3 of this Article.

5. Recovery method:

Must remove the electronic publications, for the actions specified at point e, clause 1; points b, d and dd clause 2; clause 3 of this Article.

Article 32. Violations in responsibility and obligation to provide information and reports on publishing activities

1. A fine from VND 3,000,000 to VND 5,000,000 for declaring, registering, reporting or explaining with contents, time limit or accuracy in contravention with those required by the competent authority.

2. A fine from VND 5,000,000 to VND 10,000,000 for the action below:

a) Failure to make periodic reports as prescribed;

b) Failure to report to the competent authority the list of publication titles that have been issued with the publication registration numbers but have not been published.

3. A fine from VND 10,000,000 to VND 20,000,000 for the action below:

a) Failure to report to the competent authority when detecting the publication with banned contents in publishing activities;

b) Failure to make a report or give explanations at the request of the competent authority.