Decree No. 109/2011/ND-CP dated December 02, 2011 of the Government amending, supplementing some articles of the Decree No. 47/2009/ND-CP dated May 13, 2009, of the Government on sanctioning administrative violations of copyright and related rights

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	109/2011/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	02/12/2011	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administrative violation , Intellectual property

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Effect status: Known

THE GOVERNMENT

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

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the November 29, 2005 Law on Intellectual Property and the Law on amending and supplementing some articles of the Law on Intellectual Property dated June 19, 2009;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2. 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;

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

DECREES:

Article 1. To amend, supplement some articles of the Decree No. 47/2009/ND-CP dated May 13, 2009, of the Government on sanctioning administrative violations of copyright and related rights:

1. To amend the title and supplement paragraph 3, Article 3 as follows:

“Article 3. Forms of sanction and determination of the value of infringing goods”

“3. Determination of the value of infringing goods

a) After seizing sanction administrative goods, persons competent to sanction administrative violations must fix a price for defining fine frame, sanction authorities for sanction administrative violations prescribed at Article 28 of the Decree No. 105/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of a number of articles of the Law on intellectual property on protection of intellectual property rights and on state management of intellectual property and is amended at paragraph 6, Article 1 of the Decree No. 119/2010/ND-CP dated December 30, 2010 of the Government amending and supplementing a number of articles the Government’s Decree No. 105/2006/ND-CP and Article 34 of the Decree No. 128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of some articles of the Ordinance on Handling of Administrative Violations.

The value of infringing goods, documents and bases for determining values of infringing goods must be written clearly on the minute of sanction administrative violations and archived.

b) In the case of cannot be able to determine the value of infringing goods in accordance with point (a), paragraph 3 of this Article, the sanction will be implemented in accordance with regulations at paragraph 2 of Article 20, paragraph 2 of Article 23, paragraph 2 of Article 33, paragraph 2 of Article 34, paragraph 2 of Article 35, paragraph 2 of Article 37, paragraph 2 of Article 39, paragraph 2 of Article 41 which are amended and supplemented in this Decree.”

2. To amend Article 20 as follows:

“1. Acts of distributing a work in the form of sale without permission of the copyright holder or the copyright collective representative organization shall be sanctioned as follows:

a. A fine of between VND 500,000 and 1,500,000 shall be imposed in case infringing goods are valued at up to VND 5,000,000;

b. A fine of between VND 1,500,000 and 2,500,000 shall be imposed in case infringing goods are valued at between over VND 5,000,000 and 10,000,000;

c. A fine of between VND 2,500,000 and 5,000,000 shall be imposed in case infringing goods are valued at between over VND 10,000,000 and 20,000,000;

d. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at between over VND 20,000,000 and 30.000,000;

dd. A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued at between over VND 30,000,000 and 50,000,000;

e. A fine of between VND 15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued at between over VND 50,000,000 and 100,000,000;

g. A fine of between VND 25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued at between over VND 100,000,000 and 200,000,000;

h. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at between over VND 200,000,000 and 300,000,000;

i. A fine of between VND 100,000,000 and 150,000,000 shall be imposed in case infringing goods are valued at between over VND 300,000,000 and 400,000,000;

k. A fine of between VND 150,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at over VND 400,000,000 and 500,000,000;

l. A fine of between VND 200,000,000 and 250,000,000 shall be imposed in case infringing goods are valued at over VND 500,000.000.

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 10,000,000 and VND 90,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

a/ Forced destruction of infringing goods; forced destruction or putting into use of raw materials, materials, means and equipment used for the production of infringing goods.

b/ Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

3. To amend Article 23 as follows:

“1. Acts of reproducing a work without permission of the copyright holder or the copyright collective representative organization shall be sanctioned as follows:

a. A fine of between VND 1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at up to 5,000,000;

b. A fine of between VND 3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at between over 5,000,000 and 10,000,000;

c. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at between over VND 10,000,000 and 20,000,000;

d. A fine of between VND 10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued at between over VND 20,000,000 and 30,000,000;

dd. A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case infringing goods are valued at between over VND 30,000,000 and 50,000,000;

e. A fine of between VND 30,000,000 and 50,000,000 shall be imposed in case infringing goods are valued at between over VND 50,000,000 and 100,000,000;

g. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at between over VND 100,000,000 and 200,000,000;

h. A fine of between VND 100,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at between over VND 200,000,000 and 300,000,000;

i. A fine of between VND 200,000,000 and 300,000,000 shall be imposed in case infringing goods are valued at between over VND 300,000,000 and 400,000,000;

k. A fine of between VND 300,000,000 and 400,000,000 shall be imposed in case infringing goods are valued at between over VND 400,000,000 and 500,000,000;

l. A fine of between VND 400,000,000 and 500,000,000 shall be imposed in case infringing goods are valued at between over VND 500,000,000;

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 10,000,000 and VND 90,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

a/ Forced destruction of infringing goods; forced destruction or putting into use of raw materials, materials, means and equipment used for the production of infringing goods.

b/ Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

4. To amend Article 31 as follows:
“1. Acts of directly or indirectly reproduce a performance already fixed on a phonogram or video recording without permission of the right holder or related right collective representative organization shall be sanctioned as follows:

a. A fine of between VND 1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at up to VND 5,000,000:

b. A fine of between VND 3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at between over VND 5,000,000 and 10,000,000;

c. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at between over VND 10,000,000 and 20,000,000;

d. A fine of between VND 10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued at between over VND 20,000,000 and 30,000,000;

dd. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for in case infringing goods are valued at between over VND 30,000,000 and 50,000,000;

e. A fine of between VND 30,000,000 and 50,000,000 shall be imposed in case infringing goods are valued at between over VND 50,000,000 and 100,000,000;

g. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at between over VND 100,000,000 and 200,000,000;

h. A fine of between VND 100,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at between over VND 200,000,000 and 300,000,000;

i. A fine of between VND 200,000,000 and 300,000,000 shall be imposed in case infringing goods are valued at between over VND 300,000,000 and 400,000,000;

k. A fine of between VND 300,000,000 and 400,000,000 shall be imposed in case infringing goods are valued at between over VND 400,000,000 and 500,000,000;

l. A fine of between VND 400,000,000 and 500,000,000 shall be imposed in case infringing goods are valued at over VND 500,000,000;

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 20,000,000 and VND 80,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

a/ Forced destruction of infringing goods; forced destruction or putting into use of raw materials, materials, means and equipment used for the production of infringing goods.

b/ Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

5. To amend Article 33 as follows:

“1. Acts of distributing the original or copies of a performance to the public without consent of the right holder or related right collective representative organization shall be sanctioned as follows;

a. A fine of between VND 500,000 and 1,500,000 shall be imposed in case infringing goods are valued at over VND 500,000;

b. A fine of between VND 1,500,000 and 2,500,000 shall be imposed in case infringing goods are valued at over VND 500,000 and 10,000,000;

c. A fine of between VND 2,500,000 and 5,000,000 shall be imposed in case infringing goods are valued at over VND 10,000,000 and 20,000,000;

d. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at over VND 20,000,000 and 30,000,000;

dd. A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued at over VND 30,000,000 and 50,000,000

e. A fine of between VND 15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued at over VND 50,000,000 and 100,000,000

g. A fine of between VND 25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued at over VND 100,000,000 and 200,000,000

h. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at over VND 200,000,000 and 300,000,000

i. A fine of between VND 100,000,000 and 150,000,000 shall be imposed in case infringing goods are valued at over VND 300,000,000 and 500,000,000

k. A fine of between VND 150,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at over VND 400,000,000 and 500,000,000

l. A fine of between VND 20,000,000 and 250,000,000 shall be imposed in case infringing goods are valued at over VND 500,000,000;

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 20,000,000 and VND 80,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

a/ Forced destruction of infringing goods; forced destruction or putting into use of raw materials, materials, means and equipment used for the production of infringing goods.

b/ Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

6. To amend Article 34 as follows:

“1. Acts of reproducing or reciting a phonogram or video recording without permission of the right holder or related right collective representative organization shall be sanctioned as follows:

a. A fine of between VND 1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at up to VND 5,000,000;

b. A fine of between VND 3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at between over VND 5,000,000 and 10,000,000;

c. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at between over VND 10,000,000 and 20,000.000;

d. A fine of between VND 10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued at between over VND 20,000,000 and 30,000.000;

dd. A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case infringing goods are valued at between over VND 30,000,000 and 50,000,000;

e. A fine of between VND 30,000,000 and 50,000.000 shall be imposed in case infringing goods are valued at between over VND 50.000,000 and 100,000,000;

g. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at between over VND 100,000,000 and 200,000,000;

h. A fine of between VND 100,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at between over VND 200,000,000 and 300,000,000;

i. A fine of between VND 200,000,000 and 300,000,000 shall be imposed in case infringing goods are valued at between over VND 300,000,000 and 400,000,000;

k. A fine of between VND 300,000,000 and 400,000.000 shall be imposed in case infringing goods are valued at between over VND 400,000,000 and 500,000,000;

l. A fine of between VND 400,000,000 and 500,000,000 shall be imposed in case infringing goods are valued at over VND 500,000,000;

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 20,000,000 and VND 80,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

7. To amend Article 35 as follows:

“1. Acts of distributing a phonogram or video recording without permission of the right holder or related right collective representative organization shall be sanctioned as follows:

a. A fine of between VND 500,000 and 1.500,000 shall be imposed in case infringing goods are valued at up to VND 5,000,000;

b. A fine of between VND 1,500,000 and 2.500,000 shall be imposed in case infringing goods are valued at between over VND 5,000,000 and 10,000,000;

c. A fine of between VND 2.500,000 and 5,000,000 shall be imposed in case infringing goods are valued at between over VND 10,000,000 and 20,000,000;

d. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued at between over VND 20,000,000 and 30,000,000;

dd. A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued at between over VND 30,0fX),000 and 50,000,000;

e. A fine of between VND 15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued at between over VND 50,000,000 and 100,000,000;

g. A fine of between VND 25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued at between over VND 100,000,000 and 200,000,000;

h. A fine of between VND 50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued at between over VND 200.000.000 and 300,000,000:

i. A fine of between VND 100,000,000 and 150,000,000 shall be imposed in case infringing goods are valued at between over VND 300,000,000 and 400,000,000;

k. A fine of between VND 150,000,000 and 200,000,000 shall be imposed in case infringing goods are valued at between over VND 400,000,000 and 500,000,000;

l. A fine of between VND 200,000,000 and 250,000,000 shall be imposed in case infringing goods are valued at over VND 500,000,000;

2. In the case of cannot be able to determining the value of infringing goods prescribed at paragraph 1 of this Article, a fine between VND 20,000,000 and VND 80,000,000 shall be imposed.

3. Additional sanction;

Confiscation of goods and means used in commuting acts of sanction administrative violations.

4. Remedies:

a/ Forced destruction of infringing goods; forced destruction or putting into use of raw materials, materials, means and equipment used for the production of infringing goods.

b/ Forced removal of electronic copies of works from the Internet, electro-informatics devices and other equipment.”

8. To amend Article 37 as follows:

“1. Acts of publishing, producing and distributing a phonogram or video recording without permission of the right holder or related right collective representative organization shall be sanctioned as follows: