Chương 2 Nghị định 159/2013/NĐ-CP: Hành vi vi phạm hành chính trong hoạt động báo chí, xuất bản, hình thức xử phạt và biện pháp khắc phục hậu quả

Chapter 2

ADMINISTRATIVE VIOLATIONS ARISING IN THE REALM OF JOURNALISM AND PUBLISHING, FORMS OF PENALTIES AND REMEDIES FOR CONSEQUENCES RESULTING FROM THESE VIOLATIONS

SECTION 1. ADMINISTRATIVE VIOLATIONS ARISING IN THE REALM OF JOURNALISM

Article 5. Violation against regulations regarding licenses

1. Imposing a fine of VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Contravene rules or regulations set down in a license;

b) Perform communications and journalism activities without any license or in breach of programs registered with competent authorities;

c) Perform communications and journalism activities with expired licenses;

d) Correct and erase licenses.

2. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Defy regulations on eligibility conditions for establishment of resident news agencies, missions or offices;

b) Publish unlicensed bulletins;

c) Violate regulations on publishing, and circulate foreign publications within the territory of Vietnam;

d) Infringe regulations on exhibition of artwork and other communications forms outside of offices of foreign representative agencies and organizations;

dd) Contravene regulations on film shows, exhibitions, seminars and other press activities held by overseas agencies or organizations within the territory of Vietnam and attended by Vietnamese citizens.

3. Imposing a fine of VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Release unlicensed press announcements for foreign agencies or organizations operating within the territory of Vietnam;

b) Publish special issues, supplements or inserts of print media; launch additional channels of broadcast media; design additional sites of online media without any license;

c) Issue and run information bulletins on electronic signs or billboards without any license;

d) Inconsistently implement guidelines and objectives specified in the press license.

4. Imposing a fine of VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Operate print, broadcast and online media without any press license in accordance with regulations;

b) Counterfeit press licenses, or licenses for publishing of special issues, supplements or inserts; special site licenses, or licenses for publishing of bulletins, documents or flyers;

c) Use counterfeit press licenses.

5. Imposing additional penalties:

Confiscate exhibits of administrative violations referred to in paragraph 2 (b and c), paragraph 3 and 4 (b and c) of this Article.

Article 6. Violation against regulations on journalistic activities and use of press cards

1. Imposing a fine of VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Assign press cards to other persons to carry out press activities;

b) Use press cards owned by other persons to carry out press activities;

c) Use press cards which have been subject to correction, modification, erasure or have expired for press activities;

d) Use press cards of foreign journalists issued by the Ministry of Foreign Affairs which have expired, or perform journalistic activities in Vietnam without carrying press licenses along.

2. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Impersonate journalists or correspondents to carry out press activities;

b) Abuse authority of a journalist or correspondent to interfere with and hinder legitimate operations of organizations or individuals.

3. Imposing a fine ranging from VND 5,000,000 to VND 10.000.000 for abuse of authority of a journalist or correspondent for profiteering purposes.

4. Remedies for consequences resulting from these violations:

a) Compulsory revocation of press cards in respect of violations referred to in paragraph 2 (b) and 3 of this Article;

b) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 2 and 3 of this Article.

Article 7. Illegal hindrance to press activities

1. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for illegal hindrance against activities of journalists or correspondents.

2. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for any offence to the honor and dignity of journalists or correspondents on duty.

3. Imposing a fine of VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Pose a threat to a journalist or correspondent’s life;

b) Ruin and intentionally damage journalism tools and documents of journalist or correspondents;

c) Illegally seize journalism tools, records or documents of journalists or correspondents.

4. Remedies for consequences resulting from these violations:

a) Compulsory expression of apologies for violations referred to in paragraph 2 and 3 of this Article;

b) Compulsory return of journalism tools and documents in respect of violations referred to in paragraph 3 (c) of this Article.

Article 8. Violation against regulations on information contents

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Fail to cite news sources or cite wrong news sources published or broadcast on news media;

b) Fail to clearly provide names, real or pen names of authors or groups of authors reporting news or contributing articles on news media;

c) Have news or articles published without full knowledge of real names and addresses of authors or groups of authors.

2. Imposing a fine of VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Publish or broadcast false information which has not caused any serious impact;

b) Give illustrations or titles for articles which contain irrelevant information that may mislead readers;

c) Publish and broadcast information about spiritual events, mystical stories and new scientific discoveries on specialized research magazines without showing any related source or reference;

d) Disclose personal life of a person without his/her consent, unless otherwise prescribed by laws and regulations;

dd) Reveal private documents, records or letters of a person without consent of the legal owners thereof, except as provided by laws and regulations;

e) Publish and broadcast private photos of a person without his/her consent, unless otherwise stipulated by laws and regulations.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Publish or broadcast false information which has caused serious impacts;

b) Disclose unnecessary details of obscene acts, horrific killing or murders or awful accidents in news, articles or photos;

c) Publish or broadcast news, articles or photos that have pornographic, nudity, indecent exposure contents or those contrary to Vietnamese customs and etiquette;

d) Propagate unsound customs and superstitious beliefs;

dd) Publish and broadcast information about spiritual events, mystical stories and new scientific discoveries which have not been finally confirmed yet on publications other than specialized research magazines;

e) Publish and broadcast information about personal relatives and other personal relationships in scandals without establishing that these relatives and relationships relate to such scandals or have yet to be determined by competent authorities;

g) Publish and broadcast organizational or individual documents or materials related to cases under investigation, prosecution, legal proceedings, and scandals or alleged violations against laws and regulations that await a competent authority’s determination without defining origin thereof;

h) Use Vietnamese images or maps without demonstration or with wrongful demonstration of national sovereignty.

4. Imposing a fine of VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Publish or broadcast Vietnamese maps without demonstration or with wrongful demonstration of national sovereignty;

b) Publish and broadcast information leading to distortion or slander of honor and prestige of organizations, or honor and dignity of individuals.

5. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Publish or broadcast false information which has caused extremely serious impacts;

b) Publish and broadcast information that encourages violence, obscenity and debauchery.

6. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Publish and broadcast works subject to the decision on circulation prohibition or seizure;

b) Publish and broadcast information that can cause harm to national interests or result in the disunity among ethnic groups.

7. Imposing additional penalties:

a) Compulsory revocation of objects used as exhibits for administrative violations referred to in paragraph 3 (h), and paragraphs 4, 5 and 6 of this Article;

b) Dispossession of press licenses that has the validity period ranging from 01 to 03 months in respect of violations referred to in paragraph 5 and 6 of this Article.

8. Remedies for consequences resulting from these violations:

Compulsory correction and expression of apologies in respect of violations referred to in paragraph 2 (a, b, d, dd and e), paragraph 3 (a, e and g), and paragraph 4, 5 and 6, of this Article.

Article 9. Violation against regulations on provision of information to press agencies and use of information from press agencies

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Hinder organizations or individuals from providing information for press agencies;

b) Fail to give speeches and provide information to press agencies in accordance with laws and regulations;

c) Fail to comply with regulations on publishing and broadcasting addresses delivered by organizations or individuals relating to journalism works.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Misrepresent opinions that interviewees give to press agencies or information provided by spokespersons of state administrative authorities;

b) Fail to comply with interviewee’s requests for review of interview content review before publishing or broadcasting such contents on news media;

c) Falsify contents of final statements of competent authorities on cases or issues when publishing or broadcasting them on news media;

d) Use speaker’s opinions which do not serve as answers to any interview in seminars, meetings or discussions or dialogues for interview columns without his permission;

dd) Provide false and unauthentic information for press agencies.

3. Remedies for consequences resulting from these violations:

a) Compulsory expression of apologies and correction of contents in respect of violations referred to in paragraph 2 (a) of this Article;

b) Compulsory expression of apologies, and publishing or broadcasting of full contents of final statements in respect of violations referred to in paragraph 2 (a) of this Article.

Article 10. Violation against regulations regarding correction

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for any correction in breach of regulations on position, space, time length and font size.

2. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for any correction in violation of the stipulated time.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Fail to make corrections in accordance with laws and regulations;

b) Fail to publish or broadcast contents of final statements of competent authorities on false or misrepresented information which has been published or broadcast on news media.

Article 11. Violation against regulations regarding press conference

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Hold press conferences without prior written notifications or with notifications sent in breach of the stipulated time;

b) Hold press conferences that have contents inconsistent with functions, duties and purposes of an organization.

2. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for any act of holding press conferences without written consents from competent authorities or with written consents which have been suspended.

3. Imposing a fine ranging from VND 50,000,000 to VND 70,000,000 for any press conference that has false, distorting and slandering contents causing harm to the prestige of an organization, or honor or dignity of an individual.

4. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Carry out press conferences that contain information inflicting aggression, obscenity and debauchery;

b) Hold press conferences that contain information causing harm to national interests or resulting in the disunity among ethnic groups.

5. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 3 and 4 of this Article.

6. Remedies for consequences resulting from these violations:

Compulsory expression of apologies by means of mass media in respect of violations referred to in paragraph 3 and 4 of this Article.

Article 12. Violation against regulations regarding layout of journalistic products

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Fail to write full or right contents as prescribed by laws and regulations on layout of a journalistic product;

b) Design the first page and first cover page in a manner which is inconsistent with contents of a journalistic product;

c) Change the home page of an online newspaper without obtaining permission from competent authorities.

2. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 1 (b) of this Article.

Article 13. Violation against regulations regarding release of journalistic products

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Fail to print the selling price of each copy of a journalistic product;

b) Sell internally-circulated journalistic products.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Hinder legal release of journalistic products;

b) Sell illegally-imported journalistic products.

3. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for any release of journalistic products of which circulation is allowed or which are subject to recall or seizure decisions.

4. Imposing additional penalties:

Confiscate exhibits of administrative violations referred to in paragraph 1 (b), paragraph 2 (b) and paragraph 3 of this Article.

5. Remedies for consequences resulting from these violations:

a) Compulsory revocation or elimination of journalistic products in respect of violations referred to in paragraph 2 and 3 of this Article;

b) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 1 (b), paragraph 2 (b) and paragraph 3 of this Article.

Article 14. Violation against regulations regarding legal deposit of journalistic products

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for any depositing of journalistic products to a wrong repository, time and quantity in accordance with laws and regulations.

2. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Fail to deposit a journalistic product;

b) Fail to preserve documents, sound or video recordings which have been broadcast, or data posted online, or fail to carry out preservation thereof at the stipulated time.

Article 15. Violation against regulations regarding import or export of journalistic products

1. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for any import or export of journalistic products that have superstitious contents or do not conform to Vietnamese values and customs.

2. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Import journalistic products that have contents in violation of Vietnam’s legislation;

b) Export journalistic products which are illegally published, or those subject to the printing suspension, circulation prohibition, seizure, revocation and elimination of journalistic products of which printing of contents is prohibited.

3. Remedies for consequences resulting from these violations:

a) Compulsory re-export, recall or elimination of journalistic products in respect of violations referred to in paragraph 1 and 2 of this Article;

b) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 1 and 2 of this Article.

Article 16. Violation against regulations regarding administration of operations of pay televisions and receipt of direct-broadcast satellite television signals

1. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Carry out repair and erasure of licenses or certificates for operations of pay televisions and receipt of direct-broadcast satellite television signals;

b) Fail to comply with regulations provided for in licenses or certificates for operations of pay televisions and receipt of direct-broadcast satellite television signals.

2. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Receive overseas direct-broadcast satellite television signals without any certificate;

b) Provide pay television channels without any certificate for registration of television channel list;

c) Fail to register the name and logo of specific pay television channels;

d) Fail to provide name of suppliers of films on pay televisions upon request;

dd) Provide a wrong list of films on pay televisions upon request;

e) Sell, assign, lease or lend licenses for provision of pay television services in any form.

3. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Render overseas pay televisions in violation of laws and regulations;

b) Fail to provide domestic television channels to assist critical political tasks or dissemination programs.

4. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Import overseas television channels into Vietnam to serve the purpose of trading them on pay televisions without gaining any consent from authorized agents in Vietnam;

b) Edit overseas television channels on pay televisions without any license.

5. Imposing a fine ranging from VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) Produce domestic television channels for pay televisions without any license;

b) Broadcast overseas television channels on pay televisions without any license;

c) Fail to edit overseas television channels on pay televisions;

d) Provide television services, television programs or channels on pay televisions of which contents are not published on news media;

dd) Fail to apply for registration for provision of overseas television channels on pay televisions in Vietnam;

e) Fail to convey full contents of television programs or channels provided by content providers for pay television subscribers;

g) Fail to render the whole contents of movie channels and reportage or documentary programs of general, entertainment, sports and music channels.

6. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for any unlicensed provision of pay television services.

7. Imposing additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 5 (d) and paragraph 6 of this Article;

b) Dispossession of any license or certificate that has the validity period from 01 to 03 months in respect of violations referred to in paragraph 1 (a) and paragraph 5 (d) of this Article.

8. Remedies for consequences resulting from these violations:

a) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 4 (a), paragraph 5 and paragraph 6 of this Article;

b) Compulsory revocation of licenses in respect of violations referred to in paragraph 2 (e) of this Article.

Article 17. Violation against regulations regarding partnership in production of radio and television broadcasting programs

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Fail to comply with regulations set down in partnership registration certificates;

b) Fail to notify competent authorities in writing of names, contents, dates, time length, broadcasting channels, of partnership products; names, addresses of partners, partnership forms, rights and obligations of partnership members in respect of partnership products which are not program channels or periodic programs.

2. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for any failure to register news and political channels and programs.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Perform partnership activities without signing partnership contracts;

b) Enter into cooperation with partners that do not meet statutory eligibility conditions.

4. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Enter into partnership with news and political radio and television broadcasting programs;

b) Spend more than 30% of total broadcast duration per one broadcasting of cooperative programs on general news and political channels.

5. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for entering into any partnership without obtaining competent authorities' permission.

6. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 5 of this Article.

SECTION 2. ADMINISTRATIVE VIOLATIONS ARISING IN THE REALM OF PUBLISHING

Article 18. Violation against regulations regarding licenses, practicing certificates in the publishing realm

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for any failure to request granting of replacement licenses in accordance with laws and regulations in the event that any change to governing bodies or agencies or names of publishers takes place.

2. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Fail to complete procedures for request for granting of replacement licenses once there is any change to guidelines, objectives, target clients and key publications of a publisher;

b) Fail to complete statutory procedures for request for granting of licenses once there is any change to the organizational form of a publisher.

3. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Correct, erase contents of licenses or establishment decisions of publishers;

b) Use an editor’s practicing certificate to get involved in performing unregistered operations;

c) Assign in any form, erase and correct contents of non-commercial publication certificates, publishing registration certificates, publishing decisions and editor’s practicing certificates.

4. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Contravene rules or regulations set down in publisher establishment permits;

b) Assign publisher establishment permits in any form;

c) Violate regulations on operational conditions of publishers;

d) Perform activities which are not registered in permits in respect of representative offices of overseas publishing organizations located within the territory of Vietnam.

5. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Establish publishers without achieving any establishment permit or decision;

b) Establish representative offices of overseas publishing organizations located within the territory of Vietnam without obtaining any permit.

6. Imposing additional penalties:

Dispossession of any permit or practicing certificate that has the validity period from 01 to 03 months in respect of violations referred to in paragraph 3 (a and b) and paragraph 4 (a, c and d) of this Article.

7. Remedies for consequences resulting from these violations:

Compulsory revocation of any permit in respect of violations referred to in paragraph 3 (c) and paragraph 4 (b) of this Article.

Article 19. Violation against regulations regarding publishing processes and procedures

1. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Provide lack of required information in a publishing decision with reference to stipulated forms;

b) Fail to archive manuscript editing files and relevant materials related to specific publications in accordance with laws and regulations.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Fail to sign publishing decisions for specific publications;

b) Leak or disclose contents of works or materials before being published, which cause certain impacts on benefits of authors or holders of authors' right;

c) Sign publishing decisions inconsistent with publishing registration certificates in respect of specific publications.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Fail to assess contents of works or materials in accordance with laws or as requested in writing by competent authorities;

b) Fail to determine the retail price of a publication;

c) Increase the retail price without obtaining consent from publishers;

d) Change or falsify contents of publications or materials as against manuscript contents approved by the general director (director) of publishing house or non-commercial manuscript materials signed by publishing certification authorities;

dd) Fail to correct or suspend publishing, revoke or eliminate publications upon receipt of the decision of the general director (director) of publishing house, or as requested in writing by competent authorities;

e) Fail to achieve editor’s practicing certificate but bear his/her name as an editor-in-chief or editor on any publication;

g) Publish publications inconsistent with publishing registration certificates issued by competent authorities;

h) Fail to sign publishing decisions before publication.

4. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Publish publications without achieving publishing registration certificates or non-commercial publication permits;

b) Publish publications without obtaining any publishing decision;

c) Fail to edit manuscripts; fail to sign manuscripts before printing or releasing them on electronic devices;

d) Publish publications ahead of obtaining permissions from authors or holders of authors' rights in accordance with laws.

5. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 3 (d and dd) and paragraph 4 of this Article.

6. Remedies for consequences resulting from these violations:

Compulsory recall or elimination of publications in respect of violations referred to in paragraph 3 (d) of this Article.

Article 20. Violation against regulations on contents of publications

1. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Reveal private secrets of an individual and others as prescribed by laws and regulations;

b) Use Vietnamese images or maps without demonstration or with wrongful demonstration of national sovereignty.

2. Imposing a fine ranging from VND 20,000,000 to VND 40,000,000 for one of the following violations:

a) Disseminate information that encourages violence, obscenity, debauchery, superstition or acts that do not conform to Vietnamese values and customs;

b) Slander and offend the prestige of an organization or agency, or honor and dignity of an individual;

c) Provide misrepresented information causing harm to legal rights and benefits of organizations or individuals.

3. Imposing a fine ranging from VND 50,000,000 to VND 70,000,000 for one of the following violations:

a) Publish Vietnamese maps without demonstration or with wrongful demonstration of national sovereignty;

b) Distort history and deny revolutionary achievements; insult the nation, celebrities and national heroes.

4. Imposing a fine ranging from VND 70,000,000 to VND 100.000.000 for any dissemination of information causing harm to the national interest or resulting in the disunity among ethnic groups.

5. Imposing additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 1, 2 and 3 of this Article;

b) Suspension of publishing operations that has the validity period ranging from 03 to 06 months in respect of violations referred to in paragraph 3 and 4 of this Article;

c) Dispossession of any editor’s practicing certificate that has the validity period from 01 to 03 months in respect of violations referred to in paragraph 1, 2, 3 and 4 of this Article.

6. Remedies for consequences resulting from these violations:

a) Compulsory recall or elimination of publications in respect of violations referred to in paragraph 1, 2, 3 and 4 of this Article;

b) Compulsory expression of apologies in respect of violations referred to in paragraph 1 (a), paragraph 2 (b and c), paragraph 3 (b) of this Article.

Article 21. Violation against regulations regarding design and artwork of publications

1. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Insufficiently or inaccurately print required information on publications;

b) Use images, drawings, codes, alphabetical symbols as artwork or design of publications inconsistent with contents of publications.

2. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for any use of Vietnamese maps as artwork and design of publications which fail to demonstrate or wrongfully demonstrate the national sovereignty.

3. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 2 of this Article.

4. Remedies for consequences resulting from these violations:

Compulsory recall or elimination of publications in respect of violations referred to in paragraph 2 of this Article.

Article 22. Violation against regulations on depositing publications with the National Library of Vietnam

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for any failure to submit publications to the National Library of Vietnam in accordance with laws and regulations.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for any release of each publication that occurs prior to the required 10-day period of legal deposit.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for any release of each publication that occurs without fulfillment of legal deposit obligations, unless otherwise stipulated by paragraph 3 (a) of Article 23.

Article 23. Violation against regulations regarding publishing cooperation

1. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for any signing of cooperation contracts after signing a publishing decision

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Enter into cooperation in publishing works or materials without obtaining permission from authors or holders of authors' rights;

b) Enter into cooperation with partners that do not meet statutory eligibility conditions.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Fail to submit cooperative publications to publishers to meet legal deposit regulations;

b) Fail to revoke the publishing decision in the event that the other partner breaches a cooperation contract;

c) Change or falsify contents of cooperative publications as against manuscript contents approved by the general director (director) of a publishing house.

4. Imposing a fine ranging from VND 10,000,000 to VND 15,000,000 for one of the following violations:

a) Release cooperative publications in the event that a publishing decision has yet to be issued;

b) Enter into cooperation in preliminarily editing non-cooperative works or materials in accordance with laws and regulations.

5. Imposing a fine ranging from VND 15,000,000 to VND 20,000,000 for any failure to sign cooperation contracts during publishing operations.

6. Imposing additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 3 (c) of this Article;

b) Dispossession of any editor’s practicing certificate that has the validity period from 01 to 03 months in respect of violations referred to in paragraph 4 (b) of this Article.

Article 24. Violation against regulations regarding printing operations

1. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Fail to establish or insufficiently enter information into registers of publications going through creation of a print layout, final printing and post-press processing stages in accordance with laws and regulations;

b) Fail to store and manage dossiers of printed publications and print non-publication products in accordance with laws and regulations;

c) Fail to complete procedures for request for granting of replacement publication printing licenses in the event that any change to name, address, branch establishment, division or merger of publication printing establishments occurs.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Sign printing contracts under which the number of publications as shown herein is in excess of the quantity stated in publishing decisions or publishing permits;

b) Use photocopiers and other printing equipment for illegally replicating journalistic products and publications to serve commercial or widespread circulation purposes;

c) Print votive papers without obtaining approval of registration from competent authorities for votive papers permitted for being printed;

d) Correct and erase contents of printing licenses;

dd) Print non-publication products by printing establishments that fail to meet statutory operational conditions.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Print publications that have contents inconsistent with those of manuscripts which have been approved by the general director (director) of publishing house or licensed for publishing;

b) Print non-publication products that have contents inconsistent with those of specimen copies or manuscripts on order;

c) Assign printing licenses in any form.

4. Imposing a fine ranging from VND 10,000,000 to VND 15,000,000 for one of the following violations:

a) Print publications, journalistic products and anti-forgery labels by printing establishments that fail to meet statutory operational conditions;

b) Print publications without conformity with any publishing decisions or licenses;

c) Fail to conform to contents stated in publishing licenses granted competent authorities.

5. Imposing a fine ranging from VND 15,000,000 to VND 20,000,000 for one of the following violations:

a) Print publications, journalistic products, anti-forgery labels and non-publication products without entering into any printing contract;

b) Sign printing contracts in breach of regulations on applicable entities or contents of publishing decisions or licenses.

6. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Use photocopiers and other printing equipment for replicating journalistic products, publications and any non-publication product subject to circulation prohibition;

b) Print unlicensed journalistic publications;

c) Print identity cards, passports, diplomas and certificates of national education system and other administrative papers without obtaining written approval from specialized competent authorities or certification organizations, or without specimen copies approved by competent authorities;

d) Print commodity labels and packs without specimen copies approved by manufacturing facilities placing a printing order, or without business registration certificates indicating that they are trading registered commodities, or without administrative papers issued by competent authorities;

dd) Print anti-forgery labels without specimen copies approved by competent authorities, or organizations or individuals manufacturing goods.

7. Imposing a fine ranging from VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) Print publications without obtaining any publishing decision;

b) Print non-commercial materials without obtaining publishing licenses;

c) Carry out the outsourced printing of publications and non-publication products for overseas partners without obtaining outsourced printing licenses.

8. Imposing a fine ranging from VND 70,000,000 to VND 100,000,000 for one of the following violations:

a) Print and replicate journalistic products or publications which are subject to the revocation, seizure or elimination decision or of which printing of contents on news media is prohibited;

b) Print publications, journalistic products and anti-forgery labels without achieving publishing licenses granted competent authorities;

c) Print non-publication products subject to circulation prohibition regulations, except in the event that the outsourced printing of these products is allowed for the purpose of export to overseas countries;

d) Illegally print and replicate materials present in the list of state secrets, private secrets and others stipulated by laws and regulations.

9. Imposing additional penalties:

a) Confiscate exhibits of administrative violations referred to in paragraph 2 (c and dd), paragraph 3 (a and b) and paragraph 4, 5, 6, 7 and 8 of this Article.

b) Dispossession of any license that has the validity period ranging from 01 to 03 months in respect of violations referred to paragraph 7 of this Article;

c) Suspension of printing operations that has the validity period ranging from 09 to 12 months in respect of violations referred to paragraph 8 of this Article.

10. Remedies for consequences resulting from these violations:

a) Compulsory revocation or elimination of print products in respect of violations referred to in paragraph 2 (b and c), paragraph 3 (a and b), paragraph 4 (b), paragraph 5 (a) and paragraph 6, 7 and 8 of this Article;

b) Compulsory revocation of any license in respect of violations referred to in paragraph 3 (c) of this Article.

Article 25. Violation against regulations regarding excessive printing

1. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Print publications of which the amount is under 30 units greater than the amount thereof stated in a publishing decision or publishing license, or outsourced printing permit for overseas partners;

b) Print non-publication products of which the amount is under 100 units greater than the amount thereof stated in a printing contract or outsourced printing permit for overseas partners.

2. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Print publications of which the amount is from 30 to under 100 units greater than the amount thereof stated in a publishing decision or publishing license, or outsourced printing permit for overseas partners;

b) Print non-publication products of which the amount is from 100 to under 300 units greater than the amount thereof stated in a printing contract or outsourced printing permit for overseas partners.

3. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Print publications of which the amount is from 100 to under 300 units greater than the amount thereof stated in a publishing decision or publishing license, or outsourced printing permit for overseas partners;

b) Print non-publication products of which the amount is from 300 to under 500 units greater than the amount thereof stated in a printing contract or outsourced printing permit for overseas partners.

4. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Print publications of which the amount is from 300 to 500 units greater than the amount thereof stated in a publishing decision or publishing license, or outsourced printing permit for overseas partners;

b) Print non-publication products of which the amount is from 500 to 1,000 units greater than the amount thereof stated in a printing contract or outsourced printing permit for overseas partners.

5. Imposing a fine ranging from VND 30,000,000 to VND 50,000,000 for one of the following violations:

a) Print publications of which the amount is from above 500 units greater than the amount thereof stated in a publishing decision or publishing license, or outsourced printing permit for overseas partners;

b) Print non-publication products of which the amount is from above 1,000 units greater than the amount thereof stated in a printing contract or outsourced printing permit for overseas partners.

6. Imposing additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 1, 2, 3, 4 and 5 of this Article;

b) Suspension of printing operations that has the validity period from 01 to 03 months in respect of violations referred to in paragraph 5 of this Article.

7. Remedies for consequences resulting from these violations:

a) Compulsory recall or elimination of print products in respect of violations referred to in paragraph 1, 2, 3, 4 and 5 of this Article;

b) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 1, 2, 3, 4 and 5 of this Article.

Article 26. Violation against regulations regarding import, registration and use of color photocopiers

1. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for any failure to register or re-register color photocopiers with competent authorities.

2. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Import color photocopiers without obtaining import permits from competent authorities;

b) Use color photocopiers for the purposes which have not been registered with competent authorities.

3. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Illegally use color photocopiers.

b) Use photocopiers for replicating publications or any non-publication product of which contents are in breach of laws and regulations.

4. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 3 of this Article.

5. Remedies for consequences resulting from these violations:

Compulsory return of illegal profits gained from commission of violations referred to in paragraph 3 of this Article.

Article 27. Violation against regulations regarding concealment and release of publications and non-publication products

1. Imposing a fine ranging from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Conceal and release under 50 copies of publications which are illegally printed, copied, forged or illegally reprinted, or not invoiced or documented to demonstrate their legitimate origins;

b) Sell non-commercial or internally-circulated publications;

c) Release publications without registering with competent authorities, or in conformity with stipulated conditions.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Conceal and release from 50 to under 100 copies of publications which are illegally printed, copied, forged or illegally reprinted, or not invoiced or documented to demonstrate their legitimate origins;

b) Hold fairs or exhibitions of publications without obtaining permits or in contravention of rules or regulations set down in permits;

c) Illegally release non-publication print products.

3. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Assign or erase contents of permits for organization of fairs and exhibitions of publications;

b) Perform activities which are not registered in permits in respect of representative offices of overseas publishing organizations located within the territory of Vietnam.

4. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Conceal and release illegally imported or published publications;

b) Conceal and publish publications subject to publishing suspension or decision on revocation, seizure, circulation prohibition or elimination;

c) Conceal and release from 100 to under 300 copies of publications which are illegally printed, copied, forged or illegally reprinted, or not invoiced or documented to demonstrate their legitimate origins;

d) Illegally release publications or non-publication products which are printed under the outsourced printing contract with overseas partners within the territory of Vietnam.

5. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Conceal and release from at least 300 copies of publications which are illegally printed, copied, forged or illegally reprinted, or not invoiced or documented to demonstrate their legitimate origins;

b) Conceal and release publications of which contents are prohibited in the publishing realm;

c) Establish representative offices of overseas publishing organizations located within the territory of Vietnam without obtaining any permit;

d) Display or sell in fairs and exhibitions illegally published publications, illegally imported ones or those subject to circulation prohibition or decision on revocation, seizure or those of which contents are prohibited in the publishing realm;

dd) Fail to inspect or assess contents of publications before being displayed, launched or released in fairs or exhibitions.

6. Imposing additional penalties:

a) Seizure of exhibits of administrative violations referred to in paragraph 1 (a and b), paragraph 2, paragraph 4, and paragraph 5 (a, b and d) of this Article;

b) Suspension of printing operations that has the validity period from 09 to 12 months in respect of violations referred to in paragraph 5 (b) of this Article;

c) Expulsion in respect of violations referred to in paragraph 5 (c) of this Article;

d) Dispossession of any permit that has the validity period ranging from 01 to 03 months in respect of violations referred to paragraph 3 (b) of this Article.

7. Remedies for consequences resulting from these violations:

a) Compulsory revocation or elimination of publications or non-publication products in respect of violations referred to in paragraph 1 (a and b), paragraph 2 (a and c), paragraph 4, paragraph 5 (a, b and d) of this Article;

b) Compulsory return of illegal profits gained from commission of violations referred to in paragraph 2 (a and c), paragraph 4, paragraph 5 (a, b and d) of this Article;

c) Compulsory revocation of any license in respect of violations referred to in paragraph 3 (a) of this Article.

Article 28. Violation against regulations regarding export and import of publications

1. Imposing a fine ranging from VND 3.000.000 to VND 5.000.000 for any correction and erasure of contents of registration certificates for import of commercial publications, or certificates for import of non-commercial publications, or business licenses for import of publications.

2. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Import non-commercial publications without obtaining import permits or in contravention of rules or regulations set down in import permits;

b) Fail to re-export used publications in respect of those imported as materials for international conferences or seminars in Vietnam which are held under permission of Vietnam's competent authorities, or as property of agencies, organizations, families or individuals for private use;

c) Fail to complete procedures for import of publications of incoming passengers within carry-on baggage allowance as personal belongings or gifts sent to agencies, organizations or individuals by post or courier services that exceed the stated value standards;

d) Assign in any form registration certificates for import of commercial publications, or certificates for import of non-commercial publications, or business licenses for import of publications.

3. Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Perform import and trading of publications without conformity to statutory operational conditions after obtaining licenses or permits from competent authorities;

b) Import commercial publications without registration of import in accordance with laws and regulations;

c) Fail to assess contents of imported publications before release;

d) Trade non-commercial publications that are permitted for import.

4. Imposing a fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Import publications of which contents are prohibited in accordance with laws and regulations;

b) Export publications which have been illegally published or printed; those subject to decisions on printing, release suspension, circulation prohibition, seizure, recall, elimination, or those of which contents are prohibited in the publishing realm;

c) Perform import of publications without obtaining any license or permit.

5. Imposing additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 3 (b, c and d) and paragraph 4 of this Article;

b) Dispossession of any license or permit that has the validity period ranging from 01 to 03 months in respect of violations referred to paragraph 1 and 3 of this Article;

c) Suspension of operations that has the validity period from 06 to 09 months in respect of violations referred to in paragraph 4 (a and b) of this Article.

6. Remedies for consequences resulting from these violations:

a) Compulsory re-export, recall or elimination of publications in respect of violations referred to paragraph 2 (a, b and c), paragraph 3 (b, c and d) and paragraph 4 of this Article;

b) Compulsory revocation of any license or registration certificate for import of commercial publications in respect of violations referred to in paragraph 2 (d) of this Article.

Article 29. Violation against regulations regarding publishing and release of e-publications

1. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Publish and release e-publications without conformity to equipment and workforce requirements stipulated by laws on telecommunications, information technology, e-commerce, e-transactions and other relevant regulations;

b) Fail to apply stipulated technical measures to prevent replication and illegal censorship of contents of e-publications;

c) Fail to comply with laws and regulations on intellectual property, or fail to request agencies, organizations or individuals using services to comply with laws and regulations on intellectual property upon release of e-publications.

2. Imposing a fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Publish and release e-publications on internet networks without having Vietnamese internet domain names in accordance with laws and regulations;

b) Fail to register e-publication publishing and release operations with competent authorities in accordance with laws and regulations;

c) Publish and release e-publications ahead of obtaining written permissions from authors or holders of authors' rights;

d) Change publishing of e-publications into publishing of print publications in order for more people to have access to them without compliance with regulations;

dd) Fail to take technical measures to prevent censorship of contents of publications or get rid of any infringing publication as requested by competent authorities.

3. Imposing additional penalties:

Seizure of objects used as exhibits for administrative violations referred to in paragraph 2 (b and dd) of this Article.

4. Remedies for consequences resulting from these violations:

Compulsory removal of e-publications in respect of violations referred to in paragraph 1 (b) and paragraph 2 (dd) of this Article.

SECTION 3. ADMINISTRATIVE VIOLATIONS REGARDING REPORTING REGIME

Article 30. Violation against regulations regarding the reporting regime

1. Giving a warning or imposing a fine ranging from VND 200,000 to VND 500,000 for one of the following violations:

a) Fail to notify in writing competent authorities of any change of press agencies, representative agencies, resident agencies or offices of press agencies or publishing houses;

b) Fail to notify in writing competent authorities of establishment or suspension of operations of representative agencies, resident agencies or offices of press agencies; dispatch or suspension of operations of resident reporters;

c) Fail to notify in writing competent authorities of any change of representative offices of overseas publishing houses or organizations in Vietnam;

d) Fail to notify competent authorities in writing of, or send competent authorities with dossiers of, any change of addresses, appointment of substitute directors or owners of printing establishments.

2. Imposing a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Fail to submit reports or explanations, or submit reports or explanations which have wrong contents, fail to meet the stipulated deadline and satisfy requirements of competent authorities;

b) Fail to report to competent authorities when finding that publications or print products on order have prohibited contents in the publishing realm;

c) Fail to perform duties to reporting of provision of pay television services;

d) Fail to notify competent authorities in writing of publishing of advertising supplements.

3. Imposing a fine ranging from VND 5,000,000 to VND 10.000.000 for any misrepresented reporting or explanation in accordance with regulations or as requested by competent authorities.