Decree No: 47/2009/NĐ-CP PDF  | Print |  E-mail
Viet Nam copyright law

 

 GOVERNMENT

No: 47/2009/ND-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

Hanoi, May 13,2009

(Informal Translation)

 

DECREE

On sanctioning of administrative violations of copyright and related rights

__________

 GOVERMENT

 

Pursuant to December 25, 2001 Law on Organization of the Government;

Pursuant to June 14, 2005 Civil Code;

Pursuant to November 29, 2005 Intellectual Property Law;

Pursuant to July 02, 2002 Ordinance on Handling of Administrative Violations and April 02, 2008 Ordinance on Revisions and Supplements to some Articles of the Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Culture, Sports and Tourism,

 

DECREE:

Chapter I

GENERAL PROVISIONS

 

Article1. Scope of regulation

1. This Decree prescribes the sanctioning of administrative violations of copyright and related rights of organizations and individuals that intentionally or unintentionally commit acts of infringements of legal regulations on copyright and related rights, which, however, do not constitute crimes and, as required by this Decree, must be administratively sanctioned.

2. Administrative violations of copyright and related rights stipulated in this Decree encompass the acts of violation already prescribed in the Civil Code, and the Intellectual Property Law regarding Copyright and Related Rights.

Article 2. Applicable subjects

This Decree shall apply to Vietnamese organizations and individuals, and foreign organizations and individuals committing acts of administrative violations of copyright and related rights in the territory of the Socialist Republic of Vietnam.

Article 3. Sanctioning forms

1. Major administrative sanctions: each act of violation committed by organizations and individuals shall be subject to one of the two following principal administrative sanctions: warning or monetary fines.

2. Supplementary sanctioning forms include:

a) Confiscating commodities infringed copyright and related rights, raw materials, materials, means and implements used for manufacturing and trading commodities infringed copyright and related rights;

b) Imposing a halt with duration of 90 days to 180 days upon business activities, consultancy and services;

c) Confiscating the certificate of copyright registration, the certificate of related right registration and other related papers and documents that are re-corrected, erased, forged, or have their validity annulled;

d) Abrogating the right to use the professional practice permit of an appraiser of copyright and related rights

Article 4. Consequence remedies

Apart from the sanctioning forms prescribed in Article 3 of this Decree, administratively violating organizations and individuals may also be subject to the application of one or many of the following consequence remedies:

1. Compelling restoration of the right to put the name, to name, to introduce the name, to protect the integrity of works, performances, phonogram, video recordings, and broadcasts.

2. Compelling destruction of commodities violated copyright and related rights;

3. Compelling destruction or distribution or putting into use of raw materials, materials and means used to produce commodities violated copyright and related rights on condition that the exploitation of the rights of the holder of copyright and related rights is not affected;

4. Compelling delivery out of the territory of Vietnam or re-export of the following items:

a) Transit/imported commodities infringed copyright and related rights;

b) Means, implements, raw materials, materials imported for use in manufacturing and trading copies without consent from the holder of copyright and related rights or the copyright collective representing organization and the related right collective representing organization;

c) Transit/imported implements used to invalidate technical measures taken by the holder of copyright and related rights to protect their rights.

5. Compelling taking back of violated evidence, means that were dispersed and hidden

6. Compelling removal of originals, copies of works, performances, phonograms, video recordings, and broadcast illegally transmitted on the digital network;

7. Compelling removal of copies of works, performances, phonograms, video recordings, and broadcasts illegally reproduced in electronic format.

Article 5. Limitations of sanctions, time limits for being considered not yet sanctioned

1. The statute of limitations for sanctioning administrative violations of copyright and related rights is two years as from the date the act of administrative violation is implemented. If the aforementioned limitation is over, individuals and organizations committed acts of violations are not subject to the administrative sanctions, but to the application of consequence remedies prescribed in Article 4 of this Decree.

2. Individuals, who were given legal proceedings, prosecuted, or got decisions to bring the case to trial in compliance with criminal procedures, but later got decisions that suspend investigation or suspend the case, shall be administratively sanctioned if showing signs of committing administrative violations; the statute of limitations for sanctioning administrative violations shall be three months as from the date the persons with sanctioning competence receive the suspension decisions and the dossiers regarding the violations.

3. During the time limits prescribed in Clauses 1 and 2 of this Article, if individuals and organizations commit new administrative violations or deliberately evade and hinder the sanctioning, they shall not be subject to the application of the statute of limitations prescribed in Clauses 1 and 2 of this Article. The statute of limitations for sanctioning administrative violations shall be re-calculated as from the time the new administrative violations are committed or the time the acts of evading and/or obstructing the sanctioning terminate.

4. Over one year as from the date of completely serving the sanctioning decisions or the date of expiry of the statute of limitations for executing the sanctioning decisions, if individuals and organizations administratively sanctioned for violations of copyright and related rights do not repeat their violations, they shall be considered not yet being sanctioned for administrative violations.

 

 

Chapter II

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND LEVELS OF SANCTION

 

Article 6. Acts of violations of registration

1. Warning or fines of 200,000 VND to 500,000 VND shall be applied for an act of declaring incorrectly the content of the registration application in order to be granted with the certificate of copyright registration, the certificate of registration of related rights.

2. Fines of 3 million VND to 5 million VND shall be entitled an act of not handing over the certificate of copyright registration, the certificate of related right registration when the competent agency has issued a decision to annul the validity of those certificates and abrogate them.

3. Fines of 5 million VND to 10 million VND shall be imposed upon an act of making forged documents in order to be granted with the certificate of copyright registration, the certificate of related right registration.

4. Fines of 10 million VND to 15 million VND shall be imposed on an act of using the certificate of copyright registration, the certificate of related right registration in transactions or in other dealings when the competent agency has issued a decision to annul the validity of those certificates and abrogate them.

5. Forms of supplementary sanction:

To confiscate the certificate of copyright registration, the certificate of related right registration and other concerned papers and documents that were re-corrected, erased, and forged or have their validity annulled.

Article 7. Act of violation of regulations on the operation of collective management organization

1. Fines of 1 million VND to 2 million VND shall be imposed on the collective management organization which undertakes activities that are beyond the scope of entrusted copyright and related right contracts it signed with the owners.

2. Fines of 5 million VND to 10 million VND shall be imposed on the collective management organization which carries out activities out of the areas it has already registered with the State competent agency.

3. Fines of 10 million VND to 15 million VND shall be given to an act of assuming the name of the collective management organization to conduct activities relating to the function and tasks of the copyright and related right collective management organization.

Article 8. Act of violation of regulations concerning appraisal of copyright, related rights

1. Fines of 5 million VND to 10 million VND shall be imposed on organizations and/or individuals authorized to appraise copyright, related rights for committing any of the following acts:

a) Not to follow regulations on the sequence and procedures of appraising;

b) Not to serve obligations to individuals, organizations that made a request for appraisal;

c) To accept and conduct appraisal in the case that appraisal must be refused in accordance with law;

d) To make wrong appraisal conclusion and/or appraisal conclusion with insufficient records or the records are unsuitable to the case;

đ) To disclose information secrets obtained when conducting appraisal without permission of concerned parties.

2. Forms of supplementary sanction:

To abrogate the right to use the professional practice certificate of the appraiser on copyright, related rights for duration of 180 days to 360 days or for the indefinite term for individuals who commit acts that violate regulations stipulated in clause 1 of this Article.

Article 9. Act of violation of regulations on the operation of consultancy and service organizations

1. Fines of 2 million VND to 5 million VND shall be imposed on an act of providing consultancy and services that fall out of the scope of the entrusted contract signed with the copyright and related right holder.

2. Fines of 3 million VND to 7 million VND shall be imposed on service and consultancy organizations with operation unqualified as stipulated by law.

3. Fines of 5 million VND to 10 million VND shall be imposed on an act of providing consultancy and services that fall out of the scope already registered to the State competent agency.

4. Fines of 10 million VND to 20 million VND shall be imposed on an act of assuming the name of the service and consultancy organizations to conduct consultancy and services regarding copyright and related rights.

5.Forms of supplementary sanction:

To suspend consultancy activities and services for duration of 90 days to 180 days for consultancy and service organizations that commit acts of violations as prescribed in clauses 1, 2 and 3 of this Article.

Article 10. Act of illegally impeding State management, inspection and examination of copyright, related rights

1. Warning or fines of 200,000 VND to 500,000 VND shall be imposed on organizations and individuals that commit acts of not presenting or presenting insufficient accounts of documents, information and statistics to the State management agency in charge of copyright and related rights or a competent authority when required.

2. Fines of 2 million VND to 5 million VND shall be imposed on any of the following acts:

a) Not to observe the decision on and request for inspection and examination issued by the competent organization and person;

b) Not to supply documents and statistics or to supply insufficient or wrong documents and statistics for inspection and examination at request of the competent organizations and competent persons;

c) To cause difficulty and impediment to inspection and examination undertaken by the competent organizations and competent persons.

3. Fines of 3 million VND to 7 million VND shall be imposed on any of the following acts:

a) To insult, outrage, and dishonor the competent person when he/she conducts inspection, examination;

b) To delay, evade, and object to execute the administrative decision issued by the competent person, and not to implement requests for, conclusions and decisions on inspection and examination.

4. Fines of 5 million VND to 15 million VND shall be imposed on any of the following acts:

a) On their own initiative, to remove and break the seals, change the scene, quantity, and category of commodities which serve as evidence of violations of copyright, related rights being inspected, examined, under seal or under temporary detention;

b) To disperse, and destroy evidence/means being inspected and examined

5. Consequence remedies:

Compelling taking back of evidence/means already dispersed as prescribed in point b, clause 4 of this Article.

Article 11. Act of transporting commodities infringed copyright, related rights

1. Fines of 5 million VND to 10 million VND shall be imposed on an act of transporting commodities infringed copyright, related rights.

2. Forms of supplementary sanction

To confiscate commodities violated the regulation prescribed in clause 1 of this Article

3. Consequence remedies:

a) Compelling destruction of commodities violated the regulation prescribed in clause 1 of this Article;

b) Compelling delivery of violated transit goods out of the territory of Vietnam or compelling re-export of violated commodities, raw materials, materials, means and implements imported for manufacturing and trading commodities violated clause 1 of this article.

Article 12. Act of storing and harboring commodities infringed copyright, related rights

1. Fines of from 20 million VND to 30 million VND shall be imposed on an act of storing and harboring commodities infringed copyright, related rights.

2. Forms of supplementary sanction:

To confiscate violated commodities as prescribed in clause 1 of this Article.

3. Consequence remedies:

a) Compelling destruction of violated commodities as prescribed in clause 1 of this Article;

b) Compelling re-export of violated commodities, raw materials, materials, means and implements imported for use in manufacturing and trading violated commodities as prescribed in term 1 of this Article.

Article 13. Act of advertising commodities infringed copyright, related rights

1. Fines of 1 million VND to 3 million VND shall be applied for an act of advertising on shop signs, ad displays, ad display screens, banners and similar forms; and on other means,

2. Fines of 2 million VND to 5 million VND shall be imposed on an act of advertising on means of transport.

3. Fines of 3 million VND to 7 million VND shall be imposed on an act of advertising in publications, printed newspapers and other printed publications.

4. Fines of 5 million VND to 10 million VND shall be imposed on an act of advertising on broadcasting means, including digital means.

5. Forms of supplementary sanction:

To confiscate evidence/means used to carry out violation acts as prescribed in terms 1, 2, 3 and 4 of this Article.

6. Consequence remedies:

Compelling removal of the contents of advertised products that violate the regulations prescribed in clauses 1, 2, 3 and 4 of this Article.

Article 14. Act of infringing the rights to put the name on the work, to name the work

1. Warning or fines of 200,000 VND to 500,000 VND shall be imposed on an act of quoting appropriately the works of others in his work without citing the name of the author, the source and the origin of his work.

2.Fines of 500,000 VND to 2 million VND shall be imposed upon acts of using the works without mentioning the real name or pseudonym of the author and the name of the work, or mentioning wrongly the real name or pseudonym of the author, the name of the workin accordance with law.

3. Fines of 2 million VND to 5 million VND shall be imposed on acts of using the work without mentioning the real name or pseudonym of the author, the name of the work, or mentioning wrongly the real name or pseudonym of the author, the name of the work on phonograms, video recordings, fixed broadcasts, and other products in accordance with law.

4. Fines of 10 million VND to 20 million VND shall be imposed on acts of assuming the name of the author and forging the signature of the author.

5. Forms of supplementary sanction:

To confiscate violated commodities, raw materials, materials, means, and implements used for manufacturing and trading violated commodities as prescribed in clauses 1, 2, 3, and 4 of this Article.

6. Consequence remedies:

a) Compelling restoration of the right to put the name on the work or to name the work as stipulated in clauses 1, 2, and 3 of this Article;

b) Compelling destruction of violated commodities; compelling destruction or putting into use of raw materials, materials, means and implements used for manufacturing infringed commodities as prescribed in term 4 of this Article.

Article 15. Act of infringing the rights to protect the integrity of works

1. Fines of from 3 million VND to 10 million VND shall be imposed on act of altering, mutilating the work in any forms without consent of the author.

2.Fines of 5 million VND to 15 million VND shall be imposed on an act of altering, mutilating and distorting the work in any forms that are detrimental to the honor and prestige of the author.

3. Forms of supplementary sanction:

To confiscate infringed commodities, raw materials, materials, means and implements used for manufacturing and trading infringed commodities as stipulated in clauses 1 and 2 of this Article.

4. Consequence remedies:

Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements used for manufacturing infringed commodities as stipulated in clauses 1 and 2 of this Article.

Article 16. Act of infringement of the right to publish works

1. Fines of 5 million VND to 15 million VND shall be imposed on an act of publishing for the first time the work having co-authors and copyright co-owners without permission of other co-authors and other co-owners or the copyright collective organization as stipulated by law.

2. Fines of 15 million VND to 30 million VND shall be imposed on an act of publishing for the first time the work without permission of the author, the co-authors, the owner of copyright, the co-owners of copyright or the copyright collective organization as stipulated by law.

3.Forms of supplementary sanction:

To confiscate infringed commodities as prescribed in clauses 1 and 2 of this Article.

4. Consequence remedies:

a) Compelling destruction of infringed commodities as prescribed in clauses 1 and 2 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers, electronic devices and other equipment as prescribed in clauses 1 and 2 of this Article.

Article 17. Act of infringement of the right to make derivative works

1. Fines of 2 million VND to 5 million VND shall be imposed on an act of producing derivative works without permission of other co-authors, other copyright co-owners, or the copyright collective organization in accordance with law.

2. Fines of 10 million VND to 20 million VND shall be imposed on an act of making derivative works without permission of the author, the co-authors, the owner of copyright and the co-owners of copyright, or the copyright collective organization in accordance with law.

3. Forms of supplementary sanction:

To confiscate works made as a result from infringement act as prescribed in clauses 1 and 2 of this article.

4. Consequence remedies:

Compelling destruction of works made from the infringement act prescribed in clauses 1 and 2 of this Article.

Article 18. Act of violating the right to perform the work before the public

1. Fines of 2 million VND to 5 million VND shall be imposed on an act of using the work for live performances without consent of the copyright co-owners or the copyright collective organization in accordance with law.

2. Fines of 5 million VND to 8 million VND shall be imposed on an act of using the work for live performances without consent of the copyright owner, the copyright co-owners or the copyright collective organization in accordance with law.

3. Fines of 8 million VND to 15 million VND shall be imposed on an act of using the work for performances via audio-visual programs, or any forms of technical means accessible to the public without consent of the owner of copyright or the copyright collective organization as stipulated by law.

4. Fines of 15 million VND to 30 million VND shall be imposed on an act of using the work for performances via audio-visual programs or any forms of technical means accessible to the public without permission of the co-owners of copyright or the copyright collective organization in accordance with law.

5. Forms of supplementary sanction

a) To confiscate infringed commodities as prescribed in clauses 3 and 4 of this Article;

b) To suspend business activities with duration of 90 days to 180 days of organizations and individuals committing violation act as prescribed in clauses 3 and 4 of this Article.

6. Consequence remedies:

a) Compelling destruction of infringed commodities as prescribed in clauses 3 and 4 of this Article;

b) Compelling removal of copies of works in electronic format from Internet, computers, electronic devices and other equipment as stipulated in clauses 3 and 4 of this Article.

Article 19. Act of infringing the rights to lease originals or copies of cinematographic works, computer programs

1. Fines of 10 million VND to 30 million VND shall be applied for an act of leasing cinematographic works, computer programs without permission of the co-owners of copyright or the copyright collective organization in accordance with law.

2. Fines of 25 million VND to 50 million VND shall be applied for an act of leasing motion picture works, computer programs without permission of the copyright owner, the copyright co-owners, or the copyright collective organization in accordance with law.

3. Forms of supplementary sanction:

a) To confiscate infringed commodities, means and implements used for carrying out violations as prescribed in clauses 1 and 2 of this Article;

b) To suspend business activities with duration of 90 days to 180 days of organizations, individuals committing violation acts as prescribed in clauses 1 and 2 of this Article.

4. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of means and implements used for manufacturing infringed commodities as prescribed in clauses 1 and 2 of this Article;

b) Compelling removal of copies of works in electronic format from Internet, computers, electronic devices and other equipment as prescribed in clauses 1 and 2 of this Article.

Article 20. Act of infringement of the right to distribute under the form of sale of works

Act of distribution under the form of sale of works without consent of the copyright owner or the copyright collective organization shall be applied with the following sanctions:

1. Fines of 500,000 VND to 1.5 million VND shall be applied in the case where infringed commodities are valued at up to 5 million VND;

2.Fines of 1.5 million VND to 2.5 million VND shall be applied in the case where infringed commodities are valued at over 5 million VND to 10 million VND.

3. Fines of 2.5 million VND to 5 million VND shall be applied in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 5 million VND to 10 million VND shall be applied in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 10 million VND to 15 million VND shall be applied in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 15 million VND to 25 million VND shall be applied in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 25 million VND to 50 million VND shall be applied in the case where infringed commodities are valued at above 100 million VND to 200 million VND;

8. Fines of 50 million VND to 100 million VND shall be applied in the case where infringed commodities are valued at above 200 million VND to 300 million VND;

9. Fines of 100 million VND to 150 million VND shall be applied in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 150 million VND to 200 million VND shall be applied in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 200 million VND to 250 million VND shall be applied in the case where infringed commodities are valued at over 500 million VND.

12. Forms of supplementary sanctions:

To confiscate commodities and means used for the implementation of the violation act as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements used for manufacturing infringed commodities as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers, electronic devices and other equipment as stipulated in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

Article 21. Act of infringement of the right to import originals or copies of works

1. Fines of 10 million VND to 30 million VND shall be applied for an act of importing originals or copies of works without permission of other co-owners of copyright or the copyright collective organization in accordance with law.

2. Fines of 30 million VND to 50 million VND shall be applied for an act of importing originals or copies of works without permission of the copyright owner, the copyright co-owners, or the copyright collective organization in accordance with law.

3. Forms of supplementary sanctions:

To confiscate infringed commodities as stipulated in clauses 1 and 2 of this Article.

4. Consequence remedies:

a) Compelling destruction of infringed commodities as stipulated in clauses 1 and 2 of this Article;

b) Compelling delivery of infringed transit commodities out of the territory of Vietnam or compelling re-export of infringed commodities as stipulated in clauses 1 and 2 of this Article.

Article 22. Act of infringement of the right to communicate works to the public

1. Fines of 20 million VND to 50 million VND shall be applicable for an act of communicating the works to the public without permission of other copyright co-owners or the copyright collective organization in accordance with law.

2. Fines of 50 million VND to 100 million VND shall be applicable for an act of communicating the works to the public without permission of the copyright owner, the copyright co-owner and the copyright collective organization in accordance with law.

3. Forms of supplementary sanctions:

a) To confiscate means and implements used for implementing violation acts as prescribed in clauses 1 and 2 of this Article;

b) To suspend business activities and services for duration of 90 days to 180 days of violating organizations and individuals as prescribed in clauses 1 and 2 of this Article.

4. Consequence remedies:

a) Compelling destruction or putting into use of violated means and implements as prescribed in clauses 1 and 2 of this Article;

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as stipulated in terms 1 and 2 of this Article.

Article 23. Act of infringement of the right to reproduce works

Act of reproducing works without permission of the copyright owner or the copyright collective organization shall be subject to the following sanctions:

1. Fines of 1 million VND to 3 million VND shall be applied in the case where infringed commodities are worth up to 5 million VND;

2. Fines of 3 million VND to 5 million VND shall be applied in the case where infringed commodities are worth over 5 million VND to 10 million VND;

3. Fines of 5 million VND to 10 million VND shall be applied in the case where infringed commodities are worth over 10 million VND to 20 million VND;

4. Fines of 10 million VND to 20 million VND shall be applied in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 20 million to 30 million VND shall be applied in the case where infringed commodities detected are worth over 30 million VND to 50 million VND.

6. Fines of 30 million VND to 50 million VND shall be applied in the case where infringed commodities detected are valued at above 50 million VND to 100 million VND.

7. Fines of 50 million VND to 100 million VND shall be applied in the case where infringed commodities detected are valued at above 100 million VND to 200 million VND;

8. Fines of 100 million VND to 200 million VND shall be applied in the case where infringed commodities are valued at above 200 million VND to 300 million VND;

9. Fines of 200 million VND to 300 million VND shall be applied in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 300 million VND to 400 million VND shall be applied in the case where infringed commodities are valued at above 400 million VND to 500 million VND.

11. Fines of 400 million VND to 500 million VND shall be applied in the case where infringed commodities are valued at over 500 million VND.

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction of putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 24. Act of producing work with the author’s signature forged

1. Fines of 15 million VND to 30 million VND shall be applied for an act of producing works with the signature of the author forged.

2. Forms of supplementary sanction:

To confiscate infringed commodities, raw materials, materials, means and implements used for manufacturing infringed commodities as prescribed in clause 1 of this Article.

3. Consequence remedies:

Compelling destruction of infringed commodities; compelling destruction or putting into use of violated raw materials, materials, means and implements as prescribed in clause 1 of this Article.

Article 25. Act of selling works with the author’s signature forged

1. Fines of 10 million VND to 20 million VND shall be applied for an act of selling works with the signature of the author forged.

2. Forms of supplementary sanction:

To confiscate infringed commodities as prescribed in clause 1 of this Article.

3. Consequence remedies:

Compelling destruction of infringed commodities as prescribed in term 1 of this Article.

Article 26. Act of infringement of the right to apply technological measures to self-protect copyright

1. Fines of 5 million VND to 15 million VND shall be applied for an act of intentionally abolishing or invalidating technical measures and technologies employed by the copyright owners to protect copyright of their works.

2. Fines of 15 million VND to 30 million VND shall be imposed on an act of intentionally abolishing or changing right management information in electronic format attached to originals or copies of works.

3. Fines of 30 million VND to 60 million VND shall be applied for an act of manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing devices that aim to invalidate technical measures and technologies employed by the owners of copyright to protect the copyright over their works.

4. Forms of supplementary sanction:

To confiscate raw materials, materials, means and implements used to implement violation acts as prescribed in clauses 1, 2 and 3 of this Article.

5. Consequence remedies:

a) Compelling destruction of putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2 and 3 of this Article.

b) Compelling delivery of infringed transiting implements out of the territory of Vietnam or re-export of infringed implements as prescribed in clauses 1, 2 and 3 of this Article.

Article 27. Act of seizing copyright

1. Fines of 70 million VND to 100 million VND shall be applied for an act of seizing one of the following personal rights:

a) The right to name the work;

b) The right to place his real name or pseudonym on the work; and to have his real name or pseudonym acknowledged when his/her work is published, used;

c) The right to publish the work;

d) The right to protect the integrity of the work

2. Fines of 200 million VND to 500 million VND shall be applied for an act of seizing any of the following property rights:

a) The right to make derivative works;

b) The right to perform the work before the public

c) The right to reproduce the works;

d) The right to distribute, import originals or copies of the works;

đ) The right to communicate the work to the public using means of telephones, televisions, electronic networks, or any of other technical means;

e) The right to lease originals or copies of motion pictures and computer programs.

3. Forms of supplementary sanction:

a) To confiscate infringed commodities, raw materials, materials, means and implements used for producing and trading infringed commodities as prescribed in point c of clauses 1 and 2 of this Article;

b) To suspend business activities and services for duration of 90 days to 180 days of organizations and individuals committing infringement acts as stipulated in point c, clauses 1 and 2 of this Article.

4. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements used for the implementation of violation acts as stipulated in point c, clauses 1 and 2 of this Article;

b) Compelling removal of originals or copies of the work in electronic format from Internet, computers, electronic devices and other equipment as stipulated in clauses 1 and 2 of this Article.

Article 28. Act of infringement of the right to have performer’s name introduced

1. Warning or fines of 200,000 VND to 500,000 VND shall be applied for an act of not introducing or introducing wrongly the name of the performers when performing.

2. Fines of 1 million VND to 5 million VND shall be applied for an act of not saying or saying wrongly the name of the performers on phonograms, video recordings, broadcasts.

3. Fines of 5 million VND to 15 million VND shall be applied for an act of assuming the name of the performers for his/her performance.

4. Forms of supplementary sanctions:

To confiscate infringed commodities as stipulated in clause 2 of this Article.

5. Consequence remedies:

a) Compelling destruction of violated commodities; compelling destruction or putting into use of raw materials, materials, means and implements used to carry out acts as prescribed in clause 2 of this Article;

b) Compelling removal of originals or copies of the work in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clause 2 of this Article.

Article 29. Act of infringement of the right to protect the integrity of performance billing

1. Fines of 3 million VND to 10 million VND shall be imposed on an act of modification and mutilation that violates the right to protect the integrity of performance billing in any form without the performer’s consent.

2. Fines of 10 million VND to 20 million VND shall be applied for an act of distorting the performer’s image in any form.

3. Forms of supplementary sanction:

To confiscate infringed commodities, raw materials, materials, means and implements used for manufacturing and trading commodities violated terms 1 and 2 of this Article.

4. Consequence-overcoming measures:

a) Compelling commodities violated clauses 1 and 2 of this Article;

b) Compelling removal of copies of a work in electronic format from Internet, computers, electronic devices and other equipment as prescribed in clauses 1 and 2 of this Article.

Article 30. Act of infringement of the right to fix the performer’s live performance

1. Fines of 5 million VND to 15 million VND shall be applied for an act of fixing live performances in phonogram, video recordings without permission of the copyright owner or the related right collective organization.

2. Forms of supplementary sanction:

To confiscate a fixation of the performance, and means used to fix the performance violated the regulation stipulated in clause 1 of this Article.

3. Consequence remedies:

a) Compelling destruction of a fixation of the performance that violated the act stipulated in clause 1 of this Article;

b) Compelling removal of copies of work in electronic format from Internet, computers, and electronic devices and other equipment as stipulated in clause 1 of this Article.

Article 31. Act of infringement of the right to reproduce directly or indirectly the performance

Act of reproducing directly or indirectly a fixed performance in phonograms, video recordings without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 1 million VND to 3 million VND shall be applied in the case where violated commodities are valued to 5 million VND;

2. Fines of 3 million VND to 5 million VND shall be applied in the case where infringed commodities are worth over 5 million VND to 10 million VND;

3. Fines of 5 million VND to 10 million VND shall be applicable in the case where infringed commodities are worth over 10 million VND to 20 million VND;

4. Fines of 10 million VND to 20 million VND shall be applicable in the case where infringed commodities are valued at above 20 million VND to 30 million VND;

5. Fines of 20 million VND to 30 million VND shall be applicable in the case where infringed commodities are worth over 30 million VND to 50 million VND;

6. Fines of 30 million VND to 50 million VND shall be applicable in the case where infringed commodities are worth over 50 million VND to 100 million VND;

7. Fines of 50 million VND to 100 million VND shall be applicable in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 100 million VND to 200 million VND shall be applicable in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9.Fines of 200 million VND to 300 million VND shall be applicable in the case where infringed commodities are worth over 300 million VND to 400 million VND;

10. Fines of 300 million VND to 400 million VND shall be applicable in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 400 million VND to 500 million VND shall be applicable in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to carry out violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction of putting into use of raw materials, materials, means and equipments used that violated regulations prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

b) Compelling removal of copies of work in electronic format from Internet, computers, electronic devices, and other equipment violated regulations prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

Article 32. Act of infringement of the right to broadcast or disseminate by other means to the public unfixed performances

1. Fines of 30 million VND to 70 million VND shall be applied for an act of broadcasting or disseminating by other technical means to the public an unfixed performance without permission of the copyright owner or the related right collective management organization, except when the performance is used for broadcasting purpose.

2. Forms of supplementary sanction:

To confiscate the fixation infringed, raw materials, materials, means and implements used to carry out the violation act as prescribed in clause 1 of this Article.

3. Consequence remedies:

a) Compelling destruction of the fixation infringed; compelling destruction or putting into use of raw materials, materials, means and implements violated regulations stipulated in clause 1 of this Article;

b) Compelling removal of copies of the performance in electronic format from Internet, computers, electronic devices and other equipment as stipulated in clause 1 of this Article.

Article 33. Act of infringement of the right to distribute to the public the original work or copies of the performance

Act of distributing to the public originals or copies of the performance without consent of the copyright owner or the related right collective management organization shall be subject to the following sanctions;

1. Fines of 500,000 to 1.5 million VND in the case where infringed commodities are valued at up to 5 million VND;

2. Fines of 1.5 million VND to 2.5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 2.5 million VND to 5 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 10 million VND to 15 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 15 million VND to 25 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 25 million VND to 50 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 50 million VND to 100 million VND in case the where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 100 million VND to 150 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 150 million VND to 200 million VND in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 200 million VND to 250 million VND in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to carry out violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in terms 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 34. Act of infringement of the right to reproduce directly or indirectly phonogram, video recordings

Act of reproducing, extracting phonograms, video recordings without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 1 million VND to 3 million VND in the case where infringed commodities are valued up to 5 million VND;

2. Fines of 3 million VND to 5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 10 million VND to 20 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 20 million VND to 30 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 30 million VND to 50 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 50 million VND to 100 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 100 million VND to 200 million VND in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 200 million VND to 300 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 300 million VND to 400 million VND in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 400 million VND to 500 million VND in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction of putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 35. Act of infringement of the right to distribute to the public originals or copies of phonograms, video recordings

Act of distributing phonograms, video recordings without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 500,000 VND to 1.5 million VND in the case where infringed commodities are valued up to 5 million VND;

2. Fines of 1.5 million VND to 2.5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 2.5 million VND to 5 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 10 million VND to 15 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 15 million VND to 25 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 25 million VND to 50 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 50 million VND to 100 million VND in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 100 million VND to 150 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 150 million VND to 200 million VND in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 200 million VND to 250 million VND in the case where infringed commodities are valued at over 50 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 35. Act of using published audio-visual recordings for commercial purpose

1. Fines of 20 million VND to 30 million VND shall be applied for an act of using published sound/video recordings for commercial purpose without paying remunerations to the copyright owner.

2. Fines of 30 million VND to 50 million VND shall be applied for an act of using published sound/video recordings for commercial purposes in restaurants, hotels, shops, supermarkets; karaoke bars, post and telecommunications services, digital environment; tourist activities, aviation, public transport means, and other commercial activities without paying remunerations to the copyright owner.

3. Forms of supplementary sanction:

To suspend infringed business operation and services for duration of 90 days to 180 days of organizations and individuals committing the act prescribed in clause 2 of this Article.

4. Consequence remedies:

Compelling removal of copies of sound/video recordings in electronic format from Internet, computers, electronic devices, and other equipment stipulated in clause 2 of this Article.

Article 37. Act of infringement of the right to publish, produce and distribute sound/video recordings

Act of publishing, producing and distributing sound/video recordings without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 500,000 million VND to 1.5 million VND in the case where infringed commodities are valued up to 5 million VND;

2. Fines of 1.5 million VND to 2.5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 2.5 million VND to 5 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 10 million VND to 15 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 15 million VND to 25 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 25 million VND to 50 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 50 million VND to 100 million VND in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 100 million VND to 150 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 150 million VND to 200 million VND in the case infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 200 million VND to 250 million VND in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence-overcoming measures:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling detachment of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 38. Act of infringement of the right to transmit, re-transmit broadcasting programs

1. Fines of 50 million VND to 100 million VND shall be imposed on an act of transmitting or re-transmitting broadcasts without permission of the copyright owner or the related right collective management organization.

2. Forms of supplementary sanction:

To confiscate raw material and materials used to carry out violation acts as prescribed in clause 1 of this Article.

3. Consequence remedies:

a) Compelling destruction of a fixation of broadcasting programs that violated regulations prescribed in clause 1 of this Article;

b) Compelling removal of copies of a fixation of broadcasts in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clause 1 of this Article.

Article 39. Act of infringement of the right to distribute to the public broadcasting programs

Act of infringing the right to distribute copies of broadcasting programs without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 500,000 VND to 1.5 million VND in the case where infringed commodities are valued at up to 5 million VND;

2. Fines of 1.5 million VND to 2.5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 2.5 million VND to 5 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 10 million VND to 15 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 15 million VND to 25 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 25 million VND to 50 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 50 million VND to 100 million VND in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 100 million VND to 150 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 150 million VND to 200 million VND in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 200 million VND to 250 million VND in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence-overcoming measures:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 40. Act of infringement of the right to fix broadcasts

1. Fines of 20 million VND to 50 million VND shall be applied for an act of infringing the right to fix broadcasts without permission of the copyright owner or the related right collective management organization.

2. Forms of supplementary sanction:

To confiscate a fixation of broadcasts violated, raw materials and materials used to carry out the act stipulated in clause 1 of this Article

3. Consequence remedies:

a) Compelling destruction of a fixation of broadcasts violated the regulation stated in clause 1 of this Article;

b) Compelling removal of copies of a fixation of broadcasts in electronic format from Internet, computers, electronic devices and other equipment as stipulated in clause 1 of this Article.

Article 41. Act of infringement of the right to reproduce broadcasts

Act of reproducing a fixation of broadcasts without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 1 million VND to 3 million VND in the case where infringed commodities are valued at up to 5 million VND;

2. Fines of 3 million VND to 5 million VND in the case where infringed commodities are valued at over 5 million VND to 10 million VND;

3. Fines of 5 million VND to 10 million VND in the case where infringed commodities are valued at over 10 million VND to 20 million VND;

4. Fines of 10 million VND to 20 million VND in the case where infringed commodities are valued at over 20 million VND to 30 million VND;

5. Fines of 20 million VND to 30 million VND in the case where infringed commodities are valued at over 30 million VND to 50 million VND;

6. Fines of 30 million VND to 50 million VND in the case where infringed commodities are valued at over 50 million VND to 100 million VND;

7. Fines of 50 million VND to 100 million VND in the case where infringed commodities are valued at over 100 million VND to 200 million VND;

8. Fines of 100 million VND to 200 million VND in the case where infringed commodities are valued at over 200 million VND to 300 million VND;

9. Fines of 200 million VND to 300 million VND in the case where infringed commodities are valued at over 300 million VND to 400 million VND;

10. Fines of 300 million VND to 400 million VND in the case where infringed commodities are valued at over 400 million VND to 500 million VND;

11. Fines of 400 million VND to 500 million VND in the case where infringed commodities are valued at over 500 million VND;

12. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

13. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

b) Compelling removal of copies of works in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 42. Act of extracting broadcasts

Act of extracting broadcasts without permission of the copyright owner or the related right collective management organization shall be subject to the following sanctions:

1. Fines of 10 million VND to 20 million VND in the case infringed commodities are valued at up to 10 million VND;

2. Fines of 20 million VND to 50 million VND in the case infringed commodities are valued at above 10 million VND;

3. Forms of supplementary sanction:

To confiscate infringed commodities and means used to implement violation acts as prescribed in clauses 1, and 2 of this Article.

4. Consequence-overcoming measures:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements used to carry out violation acts as prescribed in clauses 1 and 2 of this Article.

b) Compelling removal of copies of a fixation of broadcasts in electronic format from Internet, computers and electronic devices, and other equipment as prescribed in clauses 1 and 2 of this Article.

Article 43. Act of infringement of the right to apply technological measures to self-protect related rights

1. Fines of 5 million VND to 15 million VND shall be applied for an act of removing or altering any right management information in electronic format without permission of the related right owner or the related right collective management organization.

2. Fines of 15 million VND to 30 million VND shall be applied for an act of intentionally destructing or invalidating technical methods applied by the related right owner or the related right collective management organization to protect his/her related rights.

3. Fines of 30 million VND to 60 million VND shall be applied for an act of broadcasting, distributing, importing for distribution to the public performance, fixed copies of performance or phonograms when knowing that the right management information in electronic format has been removed or altered without permission of the related right owner.

4. Fines of 50 million VND to 70 million VND shall be applied for an act of producing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment that is used to illegally decode a satellite signal carrying encrypted programs.

5. Fines of 50 million VND to 100 million VND shall be applied for an act of intentionally recording or disseminating satellite signals carrying encrypted programs without permission of the legitimate distributors.

6. Forms of supplementary sanction:

To confiscate infringed commodities, raw materials, materials, means and implements used to produce and trade commodities infringed regulations prescribed in clauses 1, 2, 3, 4, and 5 of this Article.

 

7. Consequence remedies:

a) Compelling destruction or putting into use of raw materials, materials, means and implements infringed regulations prescribed in clauses 1, 2, 3, 4, and 5 of this Article.

b) Compelling removal of originals, copies of works, performance, sound/video recordings, and broadcasts in electronic format from Internet, computers, electronic devices, and other equipment as stipulated in clauses 1, 2, 3, 4 and 5 of this Article;

c) Compelling delivery of transit equipment infringed out of the territory of Vietnam or re-export of equipment infringed regulations stated in clauses 1, 2, 3, 4, and 5 of this Article.

Article 44. Act of seizing related rights

1. Fines of 70 million VND to 100 million VND shall be applied for an act of seizing one of the following personal rights of the performers:

a) The right to have the performers’ name acknowledged when performing, publishing sound/video recordings and broadcasting the performance;

b) The right to protect the integrity of performance billing, and object to any modification, mutilation, or distortion of his/her performance in any form that would be detrimental to the performers’ honor and prestige.

2. Fines of 200 million VND to 300 million VND shall be applied for an act of seizing one of the following property rights of the performers:

a) The right to fix live performances in phonograms, video recordings;

b) The right to directly and indirectly reproduce fixed performances in phonograms, video recordings;

c) The right to broadcast or communicate to the public an unfixed performance by other technical means accessible to the public, except when such performance is for broadcasting purpose.

d) The right to distribute to the public originals or copies of the performance by sale, rental, or distribution by any other technical means that are accessible to the public.

3. Fines of 200 million VND to 500 million VND shall be applied for an act of seizing one of the following property rights of the producers of phonograms, video recordings:

a) The right to directly or indirectly reproduce sound/video recordings;

b) The right to distribute to the public the original and copies of sound/video recording by sale, rental, or distribution using any technical means those are accessible to the public.

4. Fines of 200 million VND to 500 million VND shall be applied for an act of seizing one of the following property rights of the broadcasting organization:

a) The right to transmit, re-transmit broadcasts;

b) The right to distribute to the public broadcasts;

c) The right to fix broadcasts;

d) The right to reproduce a fixation of broadcasts.

5. Forms of supplementary sanction:

a) To confiscate raw materials, materials and implements used to produce and trade commodities infringed regulations stated in clauses 1, 2, 3, and 4 of this Article.

b) To suspend business operation and service for duration of 90 days to 180 days of individuals and organizations committing acts stipulated in clauses 1, 2, 3 and 4 of this article.

6. Consequence remedies:

a) Compelling destruction of infringed commodities; compelling destruction or putting into use of raw materials, materials, means and implements infringed regulations prescribed in clauses 1, 2, 3, and 4 of this Article.

b) Compelling removal of originals, copies of works, performance, sound/video recordings, and broadcasts in electronic format from Internet, computers, electronic devices, and other equipment as stipulated in clauses 1, 2, 3, and 4 of this Article.

 

Chapter III

JURISDICTION TO SANCTION ADMINISTRATIVE VIOLATIONS

 

Article 45. Jurisdiction of sanctioning administrative violations of copyright and related rights

1. Specialized inspectors of the Ministry of Culture, Sports and Tourism, and of the Department for Culture, Sports and Tourism on duty have the following rights:

a) Imposing warning or a fine of up to 500,000 VND:

b) Applying supplementary sanctions stipulated at point a, clause 2 of Article 3 of this Decree to evidence and means used to carry out administrative violations valued at up to 2 million VND;

c) Applying consequence-overcoming measures stipulated in clauses 1, 2, 3, 4, 5, 6, and 7, Article 4 of this Decree.

2. Chief Inspector of the Department for Culture, Sports and Tourism has the following rights:

a) Imposing warning or a fine of up to 30 million VND;

b) Applying supplementary sanctions stipulated in clause 2, Article 3 of this Decree;

c) Applying consequence remedies prescribed in clauses 1, 2, 3, 4, 5, 6, and 7, Article 4 of this Decree.

3. Chief Inspector of the Ministry of Culture, Sports and Tourism has the following rights:

a) Imposing warning or a monetary fine of up to the maximum level as stipulated in this Decree;

b) Applying supplementary sanctions stipulated in clause 2, Article 3 of this Decree;

c) Applying consequence remedies stipulated in clauses 1, 2, 3, 5, 6 and 7, Article 4 of this Decree.

4. President of commune-level People’s Committee is authorized:

a) To impose warnings or a fine of up to 2 million VND;

b) To impose supplementary sanctions stipulated in point a, clause 2, Article 3 of this Decree on evidence/means used to commit administrative violations with value of up to 2 million VND;

c) To apply consequence-overcoming measures stipulated in clauses 1, 2, 3, and 5, Article 4 of this Decree.

5. President of district-level People’s Committee is authorized:

a) To impose warnings or a fine of up to 30 million VND;

b) To apply supplementary sanctions stipulated in clause 2, Article 3 of this Decree;

c) To apply consequence remedies stipulated in clauses 1, 2, 3, 5, 6, and 7, Article 4 of this Decree.

6. President of provincial-level People’s Committee is authorized:

a) To issue warning or a fine of up to a maximum level allowed within a penalty frame stipulated in this Decree;

b) To apply supplementary sanctions stipulated in clause 2, Article 3 of this Decree;

c) To apply consequence remedies stipulated in Article 4 of this Decree.

7. Customs officers on duty have the competence to sanction infringements of copyright, related rights in accordance with clause 1 of Article 34 of the Ordinance on Handling of Administrative Violations.

Head of the specialized team of the Customs Branch, Head of the specialized team of the post-Customs Clearance Inspection Branch, has the right to sanction acts of violations of copyright, related rights in accordance with clause 2, Article 34 of the Ordinance on Handling of Administrative Violations.

Head of the Customs Branch, the Head of the post-Customs Clearance Inspection Branch, Chief of the Monitoring Team of the centrally-run municipal, inter-provincial, and provincial-level Customs Department (thereafter called Customs Department), Chief of the Anti-SmugglingTeam, and Chief of the Coastal Guard Team under the Anti-Smuggling Inspection Department of the Customs General Office has the right to sanction acts of infringements of copyright and related rights in accordance with regulations prescribed in points a and b, clause 3 of Article 34 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in point a, clause 2 of Article 3 of this Decree.

Chief of the Anti-Smuggling Inspection Department, Chief of the post-Customs Clearance Inspection Department of the Customs General Office, Chief of the Customs Department has the right to sanction acts of violations of copyright and related rights as prescribed in points a and b, clause 4, Article 34 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in clause 2, Article 3 of this Decree; apply consequence remedies stipulated in clauses 2, 3, 4, and 5, Article 4 of this Decree.

8. Market controllers on duty have the right to sanction acts of violations of copyright and related rights in accordance with clause 1, Article 37 of the Ordinance on Handling of Administrative Violations.

Head of the Market Management Team is authorized to sanction acts ofviolations of copyright and related rights as stipulated in points a and b, clause 2, Article 37 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in point a, clause 2 of Article 3 of this Decree to evidence, means used to commit administrative violations with value amounting to 30 million VND; apply consequence remedies stipulated in clauses 2 and 3, Article 4 of this Decree.

Head of the Market Management Sub-department is authorized to sanction acts of violations of copyright and related rights as stated in points a and b, clause 3 of Article 37 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in clause 2 of Article 3 of this Decree; apply consequence remedies stipulated in clauses 1, 2, 3, and 5 of Article 4 of this Decree.

Head of the Market Management Department is authorized to sanction acts of violations of copyright and related right as stipulated in points a and b, clause 4 of Article 37 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in clause 2 of Article 3 of this Decree; and apply consequence remedies stipulated in clauses 1, 2, 3 and 5 of Article 4 of this Decree.

9. People’s policemen on duty have the right to impose sanctions on acts of violations of copyright, related rights as stipulated in clause 1 of Article 31 of the Ordinance on Handling of Administrative Violations.

Head of the People’s Police Station, Chief of the People’s Police Team on duty have the right to sanction acts of violations of copyright and related rights in accordance with clause 2 of Article 31 of the Ordinance on Handling of Administrative Violations.

Chief of commune-level public security force is authorized to sanction acts of violations of copyright and related rights in accordance with clause 3, Article 31 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions stipulated in point a, clause 2 of Article 3 of this Decree for evidence, means used to carry out administrative violations valued at up to 2 million VND; apply consequence remedies as prescribed in clauses 1, 2, 3 and 5, Article 4 of this Decree.

Chief of district-level public security force has the right to sanction infringements of copyright and related right as stipulated at points a and b, clause 4, of Article 31 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctions prescribed in clause 2 of Article 3 of this Decree; apply consequence-overcoming measures stipulated in clauses 1, 2, 3, 5, 6 and 7 of Article 4 of this Decree.

Head of the Police Office for Administrative Management of Social Order, Head of the Order Police Office, Head of the Police Office for Investigation of Social Order-related Crimes, Head of the Police Office for Investigation of Crimes relating to Economic Management Order and Positions, Head of the Drug-related Crime Investigation Police Office, Head of the Road and Railway Traffic Police Office, Head of the Waterway Traffic Police Office, Head of the Fire Fight and Prevention Police Office, Head of the Judicial Support and Protection Police Office, Head of the Environmental Police Office, Head of the Immigration Management Police Office, Chief of the Rapid Response Police Unit of the Company level, Chief of the Police Station, Chief of the Border-gate Public Security Post and Chief of the Public Security Post at the Export Processing Zone has the right to sanction acts of infringements of copyright and related rights stipulated in points a and b, clause 5 of Article 31 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in clause 2 of Article 3 of this Decree; apply consequence remedies stipulated in clauses 1, 2, 3, 5, 6, and 7 of Article 4 of this Decree.

Director of the provincial-level public securiry force, Director of the Fire Fight and Prevention Police Department, has the right to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 6, of Article 31 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in clause 2 of Article 3 of this Decree; apply consequence-overcoming measures stipulated in clauses 1, 2, 3, 5, 6, and 7 of Article 4 of this Decree.

Chief of the Police Department for Administrative Management of Social Order, Chief of the Social Order Crime Investigation Police Department, Chief of the Police Department for Investigation of Crimes regarding Economic Management Order and Positions, Chief of the Drug-related Crime Investigation Police Department, Chief of the Road and Railway Traffic Police Department, Head of the Waterway Traffic Police Department, Chief of the Fire Fight and Prevention Police Department, Chief of the Judicial Support and Protection Police Department, Chief of the Environmental Police Department, Chief of the Immigration Management Department, have the rights to sanction acts of infringements of copyright and related rights as stipulated in points a and b, clause 7 of Article 31 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in clause 2 of Article 3 of this Decree; apply consequence-overcoming measures stipulated in clauses 1, 2, 3, 5, 6, and 7 of Article 4 of this Decree.

10. Border guards on duty are authorized to sanction acts of infringements of copyright and related rights as stipulated in clause 1 of Article 32 of the Ordinance on Handling of Administrative Violations.

Leader of the border guard squad on duty, Head of the border guard station is authorized to sanction acts of infringements of copyright and related rights as stipulated in clause 2 of Article 32 of the Ordinance on Handling of Administrative Violations.

Chief of the border guard post, commanding officer of the coastal guard post, commanding officer of the border guard sub-zone post, commanding officer of the port border gate guard post is authorized to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 3, of Article 32 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in point a, clause 2 of Article 3 of this Decree; apply consequence remedies stipulated in clauses 1, 2, 3, and 5, Article 4 of this Decree.

Commander of the provincial-level Border Guard, Commander of the Coastal Guard of the High Command of the Border Guard is authorized to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 4, of Article 32 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in point a, clause 2 of Article 3 of this Decree; apply consequence-overcoming measures stipulated in clauses 1, 2, 3, and 5 of Article 4 of this Decree.

11. Policemen of the specialized Marine Police on duty are authorized to sanction infringements of copyright and related rights as stipulated in clause 1 of Article 33 of the Ordinance on Handling of Administrative Violations.

Head of the Taskforce sub-Team of Marine Police is authorized to sanction infringements of copyright and related rights as stipulated in clause 2 of Article 33 of the Ordinance on Handling of Administrative Violations.

Head of the Taskforce Team of Marine Police is authorized to sanction acts of infringements of copyright and related rights as stipulated in clause 3 of Article 33 of the Ordinance on Handling of Administrative Violations.

Chief of Marine Police Team is authorized to sanction infringements of copyright and related rights as prescribed in points a and b, clause 4, Article 33 of the Ordinance on Handling of Administrative Violations; apply consequence remedies stipulated in clauses 1, 2, 3, and 5, Article 4 of this Decree.

Chief of the Sea Police Force is authorized to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 5, Article 33 of the Ordinance on Handling of Administrative Violations; apply consequence remedies stipulated in clauses 1, 2, 3, and 5, Article 4 of this Decree.

Zone Commander of Sea Police is authorized to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 6, Article 33 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in point a, clause 2 of Article 3 of this Decree; apply consequence-overcoming measures stipulated in clauses 1, 2, 3, and 5, Article 4 of this Decree.

Chief of the Sea Police Department is authorized to sanction acts of infringements of copyright and related rights as prescribed in points a and b, clause 7, Article 33 of the Ordinance on Handling of Administrative Violations; apply supplementary sanctioning measures stipulated in clause 2 of Article 3 of this Decree; apply consequence remedies stipulated in clauses 1, 2, 3, and 5 of Article 4 of this Decree.

Article 46. Principles defining jurisdiction of sanctioning

1. Presidents of the People’s Committees at all levels are authorized to sanction infringements of copyright and related rights within their localities.

2. Chief Inspector and specialized inspectors of the Ministry of Culture, Sports and Tourism, and of the Department for Culture, Sports and Tourism are authorized to sanction infringements of copyright and related rights in the scope of their State management authority.

In case where an act of infringement is beyond the power of the Chief Inspector of the Department for Culture, Sports and Tourism, the dossier on the infringement shall be transferred to the President of the Provincial-level People’s Committee to handle within his jurisdiction.

3. In case where administrative violations fall in the sanctioning authority of many people as stipulated in this Decree, the sanctioning shall be in charge of the first person who handles the case.

4. In case where one person commits many acts of administrative violations, which fall in the sanctioning authority of many people from different sectors, the right to handle the case shall be in charge of the President of the People’s Committee at the level authorized to have the sanctioning competence in the locality where infringements happen.

 

Chapter IV

PETITIONS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

 

Article 47. Petitions, denunciations

1. Citizens have the right to lodge denunciations to the State competent agencies regarding administrative violations of copyright and related rights of organizations and individuals as prescribed in this Decree, or to denounce violations of the person with competence in sanctioning administrative violations of copyright, related rights in accordance with law.

2. Organizations and individuals sanctioned administratively or their legitimate representatives have the rights to lodge petitions against the decision regarding sanctions of administrative violations imposed on them in accordance with the Law on Petitions and Denunciations.

3. The filing of an administrative lawsuit against the decision on sanctions of administrative violations shall be conducted in accordance with law.

4. A sequence of, procedures of lodging petitions and denunciations, and the jurisdiction to solve petitions and denunciations lodged relating to administrative violations of copyright and related rights shall be applied in accordance with the Law on Petitions and Denunciations.

Article 48. Handling of violations committed by competent person authorized to sanction administrative violations of copyright and related rights

1. Competent person authorized to sanction administrative violations of copyright and related rights who has committed acts of troubling, abetting, covering up violations, not handling violations and/or not handling violations in a prompt manner, at the proper level, within allowed jurisdiction or beyond allowed jurisdiction, shall be subject to disciplinary punishments or held with criminal responsibilities depending on the seriousness and nature of his/her violations.

2. Competent person authorized to sanction administrative infringements of copyright and related rights, who has committed acts of appropriating, and illegally using infringed money, evidence and means confiscated, will, depending on the seriousness and nature of his/her violations, shall be entitled to disciplinary punishments or held criminal responsibilities and pay compensations to the damage caused in accordance with civil law.

Article 49. Handling of violations of those sanctioned for administrative violations of copyright and related rights

Those sanctioned for administrative violations of copyright and related rights who has committed acts of violation while serving the sanction decision or has committed other acts of violation, shall be handled in accordance with regulations stipulated in Article 122 of the Ordinance on Handling of Administrative Violations.

 

Chapter V

IMPLEMENTATION PROVISIONS

 

Article 50. Implementation Effect

This Decree takes effect as from June 30, 2009. This Decree replaces regulations in Articles 44, 45, 46 and Article 47, Section 7of Chapter II, and other regulations of the Government’s June 06, 2006 Resolution 56/2006/ND-CP on the sanctioning of administrative violations in cultural-information activities contrary to regulations in this Decree.

Article 51. Responsibilities of execution

Ministers, Heads of Ministerial-level agencies, Heads of Government-attached agencies, and Presidents of centrally-run municipal and provincial-level People’s Committees shall implement this Decree./.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

 

(signed)

Nguyễn Tấn Dũng

 

 

To:

-The Party Central Committee’s Secretariat;

-The Prime Minister and Deputy Prime Ministers;

-Ministries, ministerial-level agencies and government-attached agencies;

-The Office of the Central Steering Committee for Prevention and Combat of Corruption;

-Provincial and centrally-run municipal people’s committees and people’s councils;

-The Party Central Committee’s office and Party Commissions;

-The State Presidential Office;

-The Council of Nationalities and Committees of the National Assembly;

-The National Assembly Office;

-The Supreme People’s Court;

-The Supreme People’s Procuracy;

-The State Audit;

-The National Financial Supervision Committee;

-The Vietnam Bank for Social Policies;

-The Bank for Development of Vietnam;

-The Vietnam Fatherland Front’s Central Committee;

-The central committees of mass organizations;

-The Government Office: Minister-Chairman, Vice Chairmen, the information portal, departments, offices, affiliates, and the official gazette;

 

 

 

 

 

 

 
OLDER NEWS
 


Get the Flash Player to see this player.

time2online Joomla Extensions: Simple Video Flash Player Module