Chương 1 Nghị định 159/2013/NĐ-CP: Quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree provides for wrongful acts, forms and amounts of penalties, remedies for consequences resulting from violations, authority to give penalty notices and authority to impose administrative penalties in the realm of journalism and publishing.

2. For the purposes of this Decree, administrative violations that arise in the journalism and publishing area include:

a) Wrongful acts arising in the journalism area;

b) Wrongful acts in the publishing area;

c) Wrongful acts against reporting regulations.

3. Imposition of administrative penalties for violations concerning journalism and publishing activities which are not covered by provisions set forth in this Decree, but are governed by provisions enshrined in Decrees on administrative penalties for violations arising in other area of state management shall be subject to the latter.

Article 2. Subjects of administrative penalties

This Decree shall apply to both domestic and overseas organizations or individuals that commit administrative violations in their journalism and publishing activities within the territory of Vietnam.

Article 3. Remedies for consequences resulting from violations

Except as provided in paragraph 1 (d, dd, e and i) Article 28 of the Law on Handling of Administrative Violations, remedies referred to in this Decree include:

1. Compulsory revocation of press cards;

2. Compulsory return of tools, records or documents illegally obtained by journalists or correspondents;

3. Compulsory expression of apology;

4. Compulsory airing or publication of full contents of final statements of competent authorities;

5. Compulsory revocation of licenses or certificates;

6. Compulsory recall of journalistic, printing and publishing products in violation of laws and regulations;

7. Compulsory removal of online publishing products in violation of laws and regulations.

Article 4. Statutory fines imposed on individuals or organizations

1. The maximum amount of fine for violations arising in the realm of journalism and publishing committed by individual and organization shall be VND 100,000,000 and VND 200,000,000 respectively.

2. Amounts of fine referred to in Chapter II hereof shall be applicable to individuals.

In the event of commission of the same administrative violation, an amount of fine imposed on an organization shall be twice as high as that imposed on an individual.

3. Authority to impose fines delegated by designations referred to in provisions set forth in Chapter III hereof shall be authority delegated to individuals. Meanwhile, authority to impose fines delegated to organizations shall be twice as much as that delegated to individuals.