Chương I Nghị định 38/2021/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực văn hóa và quảng cáo: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes acts, sanction forms, rates and remedies, authority to issue penalty notice and authority to sanction administrative violations involving cultural and advertising activities.

2. Administrative violations involving cultural and advertising activities that are not covered by this Decree shall be subject to penalties for administrative violations involving relevant state management activities.

Article 2. Subjects of application

1. This Decree shall apply to:

a) Vietnamese entities and persons committing administrative violations involving cultural and advertising activities in Vietnam and abroad;

b) Foreign organizations and individuals committing administrative violations involving cultural and advertising activities within the territory of Vietnam;

c) Persons having authority to issue penalty notices or sanctioning authority, subject to this Decree.

2. Entities or organizations specified in point a and b of clause 1 of this Article, including:

a) State regulatory authorities committing any violation that does not fall within the assigned state management duties;

b) Vietnamese enterprises and their subordinate units (e.g. branches, representative offices), foreign enterprises operating within Vietnam; branches, representative offices of foreign enterprises operating within Vietnam;

c) Cooperatives or cooperative alliances;

d) State and non-state public service units;

dd) Socio-professional organizations operating in cultural and advertising sectors;

e) International and foreign organizations in Vietnam;

g) Foreign cultural establishments in Vietnam and their branches in Vietnam;

h) Other organizations involved in administrative violations arising from cultural and advertising activities.

Article 3. Sanctioning forms

1. Main sanctioning forms:

b) Cautions;

b) Fines;

c) Temporary suspension.

2. Other supplementary penalties:

a) Confiscation of exhibits and means used for commission of administrative violations;

b) Temporary suspension;

c) Temporary seizure of the rights to use licenses or practicing certificates.

Article 4. Remedies

In addition to the remedies specified in point a, b, dd, e and i of clause 1 of Article 28 in the Law on Sanctioning of Administrative Violations, this Decree stipulates the remedies the violations prescribed in Chapter II and III, including:

1. Compulsory return of encroached land at historical – cultural relics, scenic beauties;

2. Compulsory return of fraudulently exchanged or appropriated information resources;

3. Compulsory removal, demolition or deletion of advertisements or recall of print ads, including newspapers and magazines, or compulsory dismantlement of advertising or commercial signage, billboards or signboards;

4. Compulsorily offering apologies to organizations and individuals;

5. Compulsory disgorgement of illegal gains from commission of violations;

6. Compulsory removal of films, audio and video recordings, cultural products with harmful contents in electronic form, on the internet and digital environment;

7. Compulsory withdrawal of permits for affiliation or partnership in film production or provision of film production services; written approval for art performance; written approval for competitions and festivals for performing arts; certificates of participation in overseas beauty or model contests; certificates of conformance to karaoke or discotheque service business regulations; permits to copy art works about cultural celebrities, national heroes or leaders; exhibition licenses; art exhibition permits; permits to build monuments and murals; written approval for art contests; photography exhibition permits; permits to make copies of national relics, antiques and treasures; certificates of conformance to antique appraisal business regulations; certificates of practice of preservation, rehabilitation and restoration of monuments; certificates of conformance to regulatory requirements for practice of preservation, rehabilitation and restoration of monuments; certificates of registration of establishment and operation, licenses for establishment and operation of foreign cultural establishments in Vietnam;

8. Compulsory revocation of titles and prizes that individuals win in performing arts contests, festivals, beauty and model contests;

9. Compulsory removal of material evidences involved in violations from venues of art exhibitions or sculpture camps;

10. Compulsory removal of infringement issues from films that have obtained dissemination permits; audio and video recordings of musical, dance or theater performances which have been permitted for release; exhibitions; art exhibitions, photography exhibitions, sculpture camps; advertisements;

11. Compulsory satisfaction of mandatory requirements for provision of facilities and equipment in cinemas with special effects on audience;

12. Compulsory destruction of exhibits involved in violations;

13. Compulsorily additional sale of books, library facilities, amenities and employees meeting regulations;

14. Compulsory addition of names and addresses of advertising makers;

15. Compulsory affixing of inspection and market authorization stamps, labels to electronic gaming machines not connected to the Internet;

16. Compulsory destruction of films, tapes, discs or material objects containing films; audio or video recordings containing performing art works;

17. Compulsory announcement of revocation of titles and prizes awarded in performing arts contests or festivals, beauty or model contests.

Article 5. Amounts of fine and fining authority

1. The maximum amount of fine upon an individual or an organization for an administrative violation arising from cultural activities shall be 50,000,000 dong and 100,000,000 dong, respectively. The maximum amount of fine upon an individual or an organization for an administrative violation arising from advertising activities shall be 100,000,000 dong and 200,000,000 dong, respectively.

2. The amounts of fine specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in clause 1, point c clause 4, point a clause 5 and 6 of Article 6; point c, dd, e and g clause 4 of Article 8; clause 1, 2 and 3 of Article 9; Article 10; point a clause 2, clause 3, 5 and 6, point a, b, c and d clause 7 Article 14; clause 1, 2, 3, 4 and point b clause 5 Article 21; clause 1, 2, 3, 4 and point b clause 5 Article 23; clause 1 of Article 24; Article 30, 38, 39 and 40 of this Decree are applicable to organizations.

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

4. Authority to impose fines of different officeholders regulated in Chapter IV herein shall be authority to impose fines for administrative violations committed by individuals; authority to impose fines on organizations shall be 2 times as much as that on individuals.