Decree 128/2022/ND-CP amend Decree 38/2021/ND-CP on sanctioning of administrative violations related to culture and advertising

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ATTRIBUTE

Decree No. 128/2022/ND-CP dated December 30, 2022 of the Government amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising
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Official number:128/2022/ND-CPSigner:Vu Duc Dam
Type:DecreeExpiry date:Updating
Issuing date:30/12/2022Effect status:
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Fields:Administrative violation , Commerce - Advertising , Culture - Sports - Tourism

SUMMARY

Failing to halt the film dissemination at state agencies’ request shall be imposed up to VND 100,000,000

On December 30, 2022, the Government issues the Decree No. 128/2022/ND-CP amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising.

Accordingly, a cinematic establishment disseminating films shall be imposed a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of failing to offer exemption from or reduction of ticket prices for the elderly, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects specified by law. To impose a fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to ensure conditions for film dissemination, depending on forms of film dissemination as prescribed.

A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of failing to display film ratings and warnings as prescribed. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of failing to halt the film dissemination at the request in writing of competent state agencies.

Additionally, for violations of film dissemination in cinemas of cinema establishments, a fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to comply with regulations on the ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children as prescribed. A fine from 60,000,000 VND to 80,000,000 VND for the acts of failing to ensure that audiences are of appropriate age based on film ratings.

This Decree takes effect from February 15, 2023.

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Effect status: Known

THE GOVERMENT

 

No. 128/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
 

Hanoi, December 30, 2022

 

 

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Cinematography dated June 15, 2022;

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

The Government promulgates Decree amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising.

Article 1. Amending and supplementing a number of articles and sections of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising

1. To amend and supplement a number of clauses of Article 4 as follows:

a) To amend and supplement Clause 10 as follows:

 

"10. Forcible removal of infringing contents in films and film-related items; exhibitions; art exhibitions; exhibitions of photographic works; sculpture camps; advertising products;”

b) To amend and supplement Clause 16 as follows:

“16. Forcible destruction of films, deletion of films, removal of films; forcible destruction of phonograms or video recordings containing the contents of performing art;”

c) To amend and supplement Clause 17 as follows:

“17. Forcible public announcement of the revocation of titles and prizes of competitions, festivals of various types of performing arts; beauty contests, model competitions; terminations of film dissemination in the mass media;”

d) To amend and supplement Clause 18 as follows:

“18. Forcible return of the permits for provision of filming services with settings in Vietnam; the film classification licenses; the licenses to organize film festivals, specialized or thematic film festivals, film awards or film contests, film programs and film weeks; the approval documents for organization of art performances, contests and festivals of various types of performing arts; licenses of eligibility for business of karaoke service, discotheque service; licenses for copying fine art works of cultural celebrities, national heroes and leaders; licenses for organizing exhibitions; art exhibition licenses; permits for construction of monuments and murals; licenses for organizing sculpture camps; licenses to exhibit photographic works; certificates of eligibility for antique assessment business; certificates of practice of preservation, restoration and restoration of monuments; certificates of eligibility to practice preservation, restoration and restoration of relics; certificates of registration for establishment and operation, licenses for establishment and operation of foreign cultural establishments in Vietnam to the issuing competent agencies.”

dd) To add Clause 19 after Clause 18 as follows:

“19. Forcible sending of a written commitment to refraining from violating the provisions of Article 9 of the Law on Cinematography to competent state agencies.”

2. To amend and supplement Clause 2, Article 5 as follows:

"2. The fine levels specified in Chapter II and Chapter III of this Decree shall be the fine levels applicable to individuals, except for the cases specified in Clauses 2, 5, 6 and 7, Article 10; Clauses 4, 5, 6 and 7 Article 10a; Point a Clause 2, Clauses 3, 5 and 6, Points a, b, c and d Clause 7 Article 14; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39 and 40 of this Decree being the fine levels applicable to organizations.”

3. To add Articles 5a and 5b after Article 5 as follows:

“Article 5a. Implementation of sanctioning of administrative violations and remedial measures

1. The implementation of sanctioning of administrative violations and remedial measures specified in this Decree shall comply with the Law on Handling of Administrative Violations and its guiding documents.

2. In case of applying the remedial measure of forcible return of permits or documents, whose contents are changed by erasing, correcting or where the information in the dossier of application for the permit is forged, it shall be carried out as follows:

a) Persons competent to issue decisions on sanctioning administrative violations, violators holding the responsibility of taking remedial measures of forcible return of permits or documents, whose contents are changed by erasing, correcting shall comply with Clauses 1, 2, 3 and 4, Article 85 of the Law on Handling of Administrative Violations;

b) Violators shall be responsible for sending by post or directly submitting the permits and documents, whose contents are changed by erasing, correcting to the competent agencies issuing such permits or documents and sending receipts or documents proving the submission of such permits and documents to the persons competent to issue the decision on implementation of the remedial measure specified in this Clause;

c) Persons competent to issue decisions on the implementation of remedial measures specified in this Clause must notify in writing to the competent agencies or persons that have issued such permits or documents.

3. In case of applying the remedial measure of forcible apology to organizations or individuals in writing, it shall be carried out as follows:

a) Persons competent to issue decisions on sanctioning administrative violations, violators holding the responsibility of taking the remedial measure of forcible apology to organizations and individuals in writing shall comply with the provisions of Clauses 1, 2, 3 and 4, Article 85 of the Law on Handling of Administrative Violations;

b) Violators shall be responsible for sending their apologies in writing to the organizations or individuals being apologized and to the persons competent to issue a decision on implementation of remedial measure specified in this Clause.

Article 5b. Procedures for sanctioning acts concurrently prescribed in the Penal Code

When considering a violation case to decide to sanction an administrative violation, if detecting violations with slanderous contents specified at Points a, dd and e, Clause 1, Article 6; acts of performing arts, competitions or festivals with contents infringing upon the lawful rights and interests of organizations and individuals specified at Point b Clause 5 and Clause 7, Article 11; the act of organizing beauty contests and model competitions with contents infringing upon the lawful rights and interests of organizations and individuals specified in Clause 6, Article 12; acts of hanging or displaying paintings, photos, calendars or other objects with pornographic or depraved contents specified at Point a, Clause 1, acts of selling or disseminating paintings, photos, other cultural products with pornographic or depraved contents prescribed in Clauses 2, 4 and 5, Article 16; acts of exhibiting fine art works and other art products with contents inciting violence, depraved lifestyles at Point a, acts of building art works with contents inciting violence, depraved lifestyles at Point d, Clause 5, Article 17; Point a, Clause 6, Article 18; Clauses 4, 5, 6, 7, Article 31 and other acts in accordance with this Decree that show signs of crime, the competent persons who are handling the case must transfer the dossier of the violation case to the agencies competent to conduct the criminal proceedings to examine for penal liability according to the provisions of Clauses 1, 2 and 4, Article 62 of the Law on Handling of Administrative Violations.

In case the agency competent to conduct the criminal proceedings decides not to institute a criminal case; decides to cancel the decision on instituting a criminal case; decides to suspend the investigation of a criminal case; decides to suspend the investigation of the accused; decides to suspend the investigation of a criminal case against the accused; decides to suspend the case; decides to cancel the decision to prosecute the accused, it shall transfer the dossier of the violation case to the person competent to sanction administrative violations as prescribed in Clause 3 Articles 62, Article 63 of the Law on Handling of Administrative Violations for sanctioning administrative violations as prescribed in this Decree.”

4. To amend and supplement Section 1, Chapter II as follows:

"Section 1

VIOLATIONS OF CINEMATOGRAPHY

Article 6. Violations against regulations on prohibited contents in cinematic activities

1. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on the acts of cinematic activities with one of the following contents, except for acts of producing films in Vietnam by foreign organizations or individuals having a permit for provision of film production services with settings in Vietnam revoked according to the provisions of Point a, Clause 6, Article 13 of the Law on Cinematography:

a) Distorting the nation’s history, denying revolutionary achievements; offending the nation, great personalities or national heroes; displaying improperly; slandering or offending reputation of agencies and organizations and honor and dignity of individuals;

b) Disclosing personal secrets and other secrets in accordance with the law provisions, except for the case of sanctioning administrative violations as prescribed by the law provisions on cyber security;

c) Inciting violence or criminal acts by describing in detail execution methods, displaying images, sounds, speeches and scenes of beating, torture, brutal murder and other acts offending human dignity, unless it is for the purpose of criticizing, denouncing and condemning crimes, upholding justice, and honoring traditional and cultural values;

d) Causing harms to the Vietnamese cultural values and the interests of the country, the nation; spreading social evils; undermining culture or social morality;

dd) Displaying in detail obscene, depraved or incestuous images, sounds and speeches;

e) Inciting and opposing the implementation of the Constitution and laws.

2. Additional sanctions:

Suspension of film production activities in Vietnam; film distribution, film dissemination; cinematography promotion and development from 01 to 03 months for the acts specified in Clause 1 of this Article.

3. Remedial measures:

a) Forcible correction of untruthful information for acts specified at Point a, Clause 1 of this Article;

b) Forcible personal apology in writing for the acts specified at Point b, Clause 1 of this Article;

c) Forcible destruction of films or forcible deletion of films or forcible removal of films in the cyberspace or forcible removal of infringing contents in films and film-related items with contents specified at Points c, d, dd and e, Clause 1 of this Article.

Article 7. Violations against regulations on prohibited acts in cinematic activities

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for acts of failing to notify competent state agencies of dissemination of films at public film screening venues;

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:

a) Disseminating films in the cinema system, in the television system and at public film screening venues without having a film classification license or broadcasting decision;

b) Disseminating films in the cyberspace without classification, displaying classification results according to regulations;

c) Altering or falsifying film contents and film classification results, for films that have been granted film classification licenses or broadcasting decisions;

d) Distributing and disseminating films for which decisions on revocation of film classification licenses or broadcasting decisions have been issued;

3. Remedial measures:

a) Forcible removal of films in the television system for the acts of distributing or disseminating films in the television system without a film classification license or broadcasting decision specified at Point a, Clause 2 of this Article;

b) Forcible destruction of films or removal of films with contents specified at Points a, b and i, Clause 1, Article 9 of the Law on Cinematography for the acts of distributing and disseminating films in the cinema system; at public film screening venues without a film classification license or broadcasting decision specified at Point a, Clause 2 of this Article;

c) Forcible removal of films in the cyberspace for the acts specified at Point b, Clause 2 of this Article;

d) Forcible restoration of the original state for the acts specified at Point c, Clause 2 of this Article;

dd) Forcible refund of illicit profits earned through the commission of violations specified in Clause 2 of this Article.

Article 8. Violations against regulations on film production

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of forging information in the dossier of application for a permit for provision of filming services with settings in Vietnam.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:

a) Correcting, erasing, altering contents of the permit for provision of filming services with settings in Vietnam;

b) Failing to send a written commitment to refraining from violating the provisions of Article 9 of the Law on Cinematography to competent state agencies in case of cooperation in film production with foreign organizations or individuals or receipt of donations from foreign organizations and individuals for film production in accordance with provisions.

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Failing to use services provided by Vietnamese cinema establishments when producing films in Vietnam by foreign organizations or individuals;

b) Failing to have a written agreement or a contract on provision of services with a Vietnamese cinema establishment when using film production services in Vietnam by foreign organizations or individuals;

c) Failing to comply with the content of the permit for provision of filming services with settings in Vietnam.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:

a) Failing to have a permit for provision of filming services with settings in Vietnam in the case of using filming services with settings in Vietnam;

b) Allowing other organizations and individuals to use the permit for provision of filming services with settings in Vietnam;

c) Using the permit for provision of filming services with settings in Vietnam of other organizations.

5. Additional sanctions:

a) Confiscate films or video clips shot in Vietnam for the acts specified at Points b and c, Clause 3, and Point a, Clause 4 of this Article;

b) Deprive the right to use the permit for provision of filming services with settings in Vietnam from 01 to 03 months for the acts specified at Point b, Clause 4 of this Article;

c) Confiscate the permit for provision of filming services with settings in Vietnam for the acts specified at Point c, Clause 4 of this article.

6. Remedial measures:

a) Forcible return to the licensing agency of the permit for provision of filming services with settings in Vietnam for the acts specified in Clause 1 in case the license has been granted and for the acts specified at Point a, Clause 2 of this Article;

b) Forcible sending of a written commitment to refraining from violating Article 9 of the Law on Cinematography to competent state agencies for the acts specified at Point b, Clause 2 of this Article;

c) Forcible refund of illicit profits earned through the commission of violations specified at Point b, Clause 4 of this Article in case of arising illicit profits.

Article 9. Violations against regulations on film distribution

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of managing and using imported films for improper purposes for research, education, storage and internal circulation.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of failing to send a written commitment that contents of the films do not violate the provisions of Article 9 of Law on Cinematography to competent state agencies as prescribed in the case of film imports.

3. Additional sanctions:

Confiscate films for acts specified in Clause 1 of this Article.

4. Remedial measures:

a) Forcible return of illicit profits earned through the commission of violations specified in Clause 1 of this Article;

b) Forcible sending of a written commitment to refraining from violating the provisions of Article 9 of the Law on Cinematography to the competent state agencies for the acts specified in Clause 2 of this Article.

Article 10. Violations against regulations on film dissemination

1. A fine ranging from VND 5,000,000 to 10,000,000 shall be imposed for one of the following acts:

a) Disseminating films outside the prescribed time at cinemas; public film screening venues except for mass transit vehicles;

b) Failing to publicize information on being required to terminate film dissemination in the mass media in accordance with a decision of competent state agencies.

2. A fine for one of the following acts of violating the obligations by cinematic establishments disseminating films:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of failing to offer exemption from or reduction of ticket prices for the elderly, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects specified by law;

b) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to ensure conditions for film dissemination, depending on forms of film dissemination as prescribed;

c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of failing to display film ratings and warnings as prescribed;

d) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of failing to halt the film dissemination at the request in writing of competent state agencies.

3. Fines for acts of violating regulations on film classification licenses shall be imposed as follows:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of forging information in the dossier of application for the film classification license;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of editing, erasing the content of the film classification license;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the acts of failing to notify in writing to state agencies competent to issue licenses when changing the name of the film without changing the content of the film for which has been granted a film classification license;

d) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the acts of failing to make a request for re-issuance of a film classification license in case of changing the content of the film which has already been granted a film classification license as prescribed.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations of film dissemination at public film screening venues:

a) Failing to provide lists of to-be-screened films to competent state agencies in the locality where it has made business registration.

b) Failing to notify in writing contents and schedules of film screenings to competent state agencies as prescribed;

c) Failing to change the time and scale of film screenings at public film screening venues at the request of competent state agencies;

d) Disseminating films after notifying contents and schedules of film screenings in writing but competent state agencies have refused to allow film dissemination in writing.

5. A fine for one of the following violations of film dissemination in cinemas of cinema establishments:

a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of failing to connect data and report their operation at the request of competent state agencies.

b) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to comply with regulations on the ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children as prescribed;

c) A fine from 60,000,000 VND to 80,000,000 VND for the acts of failing to ensure that audiences are of appropriate age based on film ratings;

d) A fine ranging from VND 80,000,000 to VND 100,000,000 for the acts of failing to meet technical regulations on cinema as prescribed.

6. A fine for one of the following violations of film dissemination in the television system:

a) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to comply with regulations on the ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children as prescribed;

b) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of failing to set up the film appraisal and classification council of a press agency.

7. A fine shall be imposed for one of the following violations of film dissemination in the cyberspace:

a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of failing to notify the list of films to be disseminated and film classification results to the Ministry of Culture, Sports and Tourism before disseminating films as prescribed;

b) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to provide information on their focal points and contact addresses to receive and process requests of state management agencies, and settle feedback, complaints and denunciations of service users as prescribed;

c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of failing to implement technical solutions and coordinate with competent state management agencies in removing and preventing violating films as specified;

d) A fine ranging from VND 80,000,000 to VND 100,000,000 for the acts of failing to ensure one of the conditions for film classification as prescribed;

dd) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of failing to take necessary technical measures and instructions for children’s parents or guardians to self-control, manage, and ensure age-appropriate films disseminated in the cyberspace for children, and for service users to report on violating films as prescribed;

e) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of failing to remove films violating Article 9 of Law on Cinematography and other relevant regulations at the request in writing of competent state agencies.

g) A fine ranging from VND 80,000,000 to VND 100,000,000 for the acts of failing to prevent access to violating films at the request of competent state agencies as prescribed.

8. Remedial measures:

a) Forcible public announcement of the termination of film dissemination in the mass media for the acts specified at Point b, Clause 1 of this Article;

b) Forcible return of the film classification license to the competent agency that has granted the license for the acts specified at Point b, Clause 3 of this Article;

c) Forcible refund of illicit profits earned through the commission of violations specified at Point a, Clause 1, Point d, Clause 4 of this Article;

d) Forcible removal of films in the cyberspace for the acts specified in Clause 7 of this Article.

Article 10a. Violations of regulations on mandatory deposit and archive of films, film festival, film award, film contest, film program and film week

1. A fine ranging from VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Failing to deposit films that have been granted film classification licenses as prescribed;

b) Failing to decrypt films for collation and examination at the request of agencies issuing film classification licenses as prescribed;

c) Failing to ensure the safety of film copies, screenplays and enclosed documents in conformity with technical standards as prescribed;

d) Failing to provide copies of films and print excerpts of enclosed documents for film owners and competent state agencies as prescribed.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of forging information in the dossier of application for a license to organize film festivals, specialized or thematic film festival, film award, film contest, film program and film week.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of editing, erasing that cause a change in the contents of licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the acts of failing to notify the plan or results of film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks to competent agencies as prescribed.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to meet one of the requirements prescribed by Vietnamese agencies and organizations other than central state agencies, political organizations, socio-political-professional organizations and provincial-level People’s Committees when organizing film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks.

6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of failing to comply with contents of the licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks.

7. A fine of between VND 80,000,000 and 100,000,000 shall be imposed for one of the following acts:

a) Failing to have licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks as prescribed;

b) Films participating in film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks without film classification licenses or broadcasting decisions as prescribed;

c) Allowing other organizations or individuals to use licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks;

d) Using licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks of other organizations.

8. Additional sanctioning:

a) Deprive the right to use the license to organize film festival, specialized or thematic film festival, film award, film contest, film program and film week from 1 month to 3 months for the acts specified in Point c, Clause 7 of this Article;

b) Confiscate the license to organize film festival, specialized or thematic film festival, film award, film contest, film program and film week for the acts specified at Point d, Clause 7 of this Article.

9. Remedial measures:

a) Forcible return of the license to organize film festival, specialized or thematic film festival, film award, film contest, film program and film week to the competent agency that has granted it for the acts specified Clause 2 in case the license has been granted and for the acts specified in Clause 3 of this Article;

b) Forcible destruction of films or forcible deletion of films or forcible removal of films with contents specified at Points a, b and i, Clause 1, Article 9 of the Law on Cinematography for the acts specified at Point b, Clause 7 of this Article;

c) Forcible refund of illicit profits earned through the commission of the acts specified at Point c, Clause 7 of this Article in case arising illicit profits.”

5. To add Point dd, Clause 4, Article 34 as follows:

“dd) Advertising films through trailers or information relating to the films before and during film production, distribution and dissemination violate the provisions of Article 9 of the Law on Cinematography.”

Article 2. Annulling and replacing phrases, points, clauses and articles of the Decree No. 38/2021/ND-CP, the Decree No. 129/2021/ND-CP

1. To annul Clause 11, Article 4 of the Decree No. 38/2021/ND-CP; to annul Clause 3, Article 4 of the Decree No. 129/2021/ND-CP.

2. To annul words and phrases

a) To annul the word “film” in Clause 6, the phrase “licenses for cooperation or joint venture in film production, or provision of film production services;” in Clause 7 Article 4 of the Decree No. 38/2021/ND-CP;

b) To annul the phrase “Point b Clause 5 Article 9” in Clause 4, the phrase “Article 7; Clause 4, Clause 5 Article 9” in Clause 6 Article 71 of the Decree No. 38/2021/ND-CP, amended and supplemented in Clause 24, Article 4 of the Decree No. 129/2021/ND-CP;

c) To annul the phrase "Point b, Clause 7, Article 6" in Clause 1, Article 5 of the Decree No. 129/2021/ND-CP;

d) To annul the phrase “or supplement” at Point b Clause 2 Article 11, Point c Clause 5 Article 15, Point b Clause 2 Article 17, Clause 2 Article 18, Clause 2 Article 19, Point b Clause 4 Article 20, Clause 2 Article 21, Clause 3 Article 22, Clause 2 Article 23, Point b Clause 3 Article 30 of the Decree No. 38/2021/ND-CP, Point e Clause 10 Article 11 of the Decree No. 38/2021/ND-CP, supplemented in Clause 4 Article 4 of the Decree No. 129/2021/ND-CP, Point c Clause 10 Article 15 of the Decree No. 38/2021/ND-CP, supplemented in Clause 5 Article 4 of the Decree No. 129/2021/ND-CP; Point i Clause 7 Article 17 of the Decree No. 38/2021/ND-CP, supplemented in Clause 6 Article 4 of the Decree No. 129/2021/ND-CP, Point h Clause 8 Article 18 of the Decree No. 38/2021/ND-CP, supplemented in Clause 7, Article 4 of the Decree No. 129/2021/ND-CP, Point dd Clause 8 Article 19 Decree No. 38/2021/ND-CP, supplemented in Clause 8 Article 4 of the Decree No. 129/2021/ND-CP, Point c Clause 7 Article 21 of the Decree No. 38/2021/ND-CP, supplemented in Clause 9 Article 4 of the Decree No. 129/2021/ND-CP, Point c Clause 6 Article 22 of the Decree No. 38/2021/ND-CP, supplemented in Clause 10, Article 4 of the Decree No. 129/2021/ND-CP, Point c Clause 7 Article 23 of the Decree No. 38/2021/ND-CP, supplemented in Clause 11 Article 4 of the Decree No. 129/2021/ND-CP, Point b Clause 7 Article 30 of the Decree No. 38/2021/ND-CP, amended and supplemented in Clause 12 Article 4 of the Decree No. 129/2021/ND-CP.

3. To replace the phrase

a) To replace the phrase “Point a Clause 4 Article 6" with the phrase "Point a Clause 1 Article 6", the phrase "Points b, c and d Clause 5 Article 17" with the phrase "Point d Clause 5 Article 17” in Clause 2, Article 71 of the Decree No. 38/2021/ND-CP, amended and supplemented in Clause 24 Article 4 of the Decree No. 129/2021/ND-CP;

b) To replace the phrase “Point b Clause 2 and Clause 5 Article 8” with the phrase “Article 6; Clause 2 Article 7; Point b Clause 1, Clause 3, Clause 6 and Clause 7 Article 10” in Clause 8 Article 71 of the Decree No. 38/2021/ND-CP, amended and supplemented in Clause 24 Article 4 of the Decree No. 129/2021/ND -CP;

c) To replace the phrase "Clause 4 Article 8" with the phrase "Point e Clause 1 Article 6" in Clause 13 Article 71 of the Decree No. 38/2021/ND-CP, amended and supplemented in Clause 24, Article 4 of Decree No. 129/2021/ND-CP.

4. To add the phrase

a) To add the phrase "in writing" after the phrase "organizations, individuals" in Clause 4 Article 4, Point b Clause 10 Article 11, Point d Clause 9 Article 12, Point d Clause 8 Article 18 and Point b Clause 8 Article 34 of the Decree No. 38/2021/ND-CP;

b) To add the phrase “in case the infringing material evidences are cultural products with harmful contents;” after the phrase "this Article" at Point b Clause 7 Article 17, Point e Clause 8 Article 18, Point c Clause 8 Article 19 of the Decree No. 38/2021/ND-CP.

Article 3. Implementation responsibility

1. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with relevant ministries and sectors in guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, and Chairpersons of People’s Committees of provinces and centrally-run cities shall assume the responsibility of implementing this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from February 15, 2023.

2. Transitional provisions

a) For acts of administrative violations in the field of cinematography that have committed before the effective date of this Decree and are detected after the effective date of this Decree, if this Decree does not prescribe liability or impose lighter liability, this Decree shall prevail;

b) For decisions on sanctioning of administrative violations that have been issued or have been completely executed before the effective date of this Decree, if individuals or organizations sanctioned for administrative violations still lodge complaints, the Decree No. 38/2021/ND-CP, Decree No. 129/2021/ND-CP shall be applied to handling them.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

 

Vu Duc Dam

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