On 20th March 2017, the Government promulgated Decree No. 28/2017/ND-CP (“Decree 28”) on amending and supplementing a number of articles of Decree No.131/2013/ND-CP dated 16 October 2013 by the Government on administrative penalties in the violations of copyright and related rights (“Decree 131”) and Decree No. 158/2013/ND-CP dated 12 November 2013 by the Government on administrative penalties in the violations of culture, sports, tourism, and advertising (“Decree 158”).
Decree 28 supplemented a number of regulations:
- To warn or to fine from VND 200,000 to VND 500,000 for distributing leaflets which causes bad impact on the pleasant to the eyes, traffic and social safety;
- To fine from VND 5,000,000 to VND 10,000,000 on the product owners of leaflets advertising which causes bad impact on the pleasant to the eyes, traffic and social safety;
- To fine from VND 1,000,000 to VND 3,000,000 for the actions of:
- Fail to renew a certificate of eligible business doing sports under regulations;
- Fail to return the certificate revoked of eligible business doing sports under regulations;
- To fine from VND 3,000,000 to VND 5,000,000 for the actions of:
- Fail to truthfully declare documents in the dossier for authorization, renewal a certificate of eligible business doing sports;
- Erase or modify those information on a certificate of the eligibility of business doing sports;
- To revoke use right certificate of eligible business doing sports from 03 months to 06 months for the behavior of allowing other enterprises to use such certificate;
- To fine from VND 200,000 to VND 500,000 for the behaviors of: throwing and dropping money into wells and ponds; swearing and offending spiritually which influence solemn atmosphere; dropping litter damaging sanitation in the area of festivals and relics;
- To fine from VND 5,000,000 to VND 10,000,000 for the manners of:
- Having no travel contract with tourists and/or their representatives; having no agency contract with travel agents in accordance with regulations;
- The travel signed contract with tourists or their representatives has a lack of stipulated contents;
- Having no written tourism schedule for tourists as regulated.
In addition, Decree 28 also amends a number of regulations namely:
- To fine from VND 10,000,000 to VND 15,000,000 for the actions of selling, leasing, and circulating vocal and video records of musical performances which have not been licensed instead imposing the penalties based on the quantity of such sold, leased, and circulated records under Decree 158;
- To uplift the penalty for the actions of publishing musical recordings which contents are not yet licensed from VND 10,000,000 to VND 15,000,000 compared to the old scale’s of VND 1,000,000 to VND 3,000,000;
- To uplift the penalty for the manners of storing and publishing illegally musical recordings which contents spreading social evils against social norm and moral, Vietnam tradition, customs, and culture from VND 15,000,000 to VND 20,000,000 instead of the old scale’s of VND 3,000,000 to VND 5,000,000.
To the administrative violations of copyrights and its related rights and administrative violations of culture, sports, tourism, and advertisement that are conducted before the effected date of this Decree but are caught and settled after the effected date of this Decree, the regulations, which is more beneficial for violating individuals and organizations, shall be applied.
This decree will take effect from 05 May 2017.