Decree 129/2021/ND-CP on sanctioning of administrative violations related to advertising

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Decree No. 129/2021/ND-CP dated December 30, 2021 of the Government amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sports; copyright and related rights; culture and advertising

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:	129/2021/ND-CP	Signer:	Vu Duc Dam
Type:	Decree	Expiry date:	Updating
Issuing date:	30/12/2021	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administrative violation , Commerce - Advertising , Intellectual property , Culture - Sports - Tourism

SUMMARY

The statute of limitations for sanctioning administrative violations related to tourism is 1 year

The Government promulgates the Decree No. 129/2021/ND-CP amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sports; copyright and related rights; culture and advertising on December 30, 2021.

According to this Decree, to add regulations on the statute of limitations for sanctioning administrative violations related to tourism. Specifically, such statute of limitations is 1 year. For an in-progress administrative violation, the statute of limitations is counted from the time when the violation is detected by the competent person on duty. For a completed administrative violation, the statute of limitations is counted from the date when the violation stops.

Besides, the remedial measure of suspension of operation, from 1 month to 3 months for a number of acts of failing to satisfy the conditions for provision of tourism accommodations services is transferred into an additional sanction.

Also, double the value of administrative violation material evidences that are confiscated under the competence of specialized inspection agencies, including inspectors and persons assigned to perform specialized inspection tasks who are on duty, chief inspectors of provincial-level Departments and Heads of specialized inspection teams of provincial-level departments; and Heads of ministerial-level specialized inspection teams.

Chief inspectors of ministries, Director General of the Directorate for Roads of Vietnam, Director of the Vietnam Inland Waterways Administration may confiscate administrative violation material evidences without any limitation of value of material evidences.

This Decree takes effect on January 01, 2022.

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Effect status: Known

THE GOVERNMENT

^____________

No. 129/2021/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

^{_______________________}

Hanoi, December 30, 2021

DECREE

Amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sports; copyright and related rights; culture and advertising

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to 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;

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

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

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sports; copyright and related rights; culture and advertising.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 45/2019/ND-CP dated May 21, 2019, on sanctioning of administrative violations related to tourism

1. To add Article 2a after Article 2 as follows:

“Article 2a. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations related to tourism is 1 year.

2. The statute of limitations for sanctioning an administrative violation related to tourism is counted as follows:

a) For an in-progress administrative violation as prescribed at Point a Clause 3 of this Article, the statute of limitations is counted from the time when the violation is detected by the competent person on duty;

b) For a completed administrative violation as prescribed at Point b Clause 3 of this Article, the statute of limitations is counted from the date when the violation stops.

c) In case of sanctioning administrative violations committed by organizations or individuals that are transferred by the persons competent to make written records of administrative violations, the statute of limitations shall comply with Clause 1 of this Article, Points a and b of this Clause until the decision on sanctioning administrative violations is issued.

3. In-progress administrative violations and completed administrative violations related to tourism

a) In-progress administrative violation related to tourism means an act of prolonged nature, has been and is happening at the time the competent agency or person detects and handles the violation and such act is still are directly infringing upon the state management order;

b) Completed administrative violation related to tourism means an act that is committed once or many times with grounds or information proving that such act has been completed before the time it is detected or administratively handled by a competent agency or person.

4. Within the statute of limitations specified in Clause 1 of this Article, if an organization or individual committing administrative violations intentionally shirks or obstructs the sanctioning of the competent agency, the statute of limitations for sanctioning its/his/her administrative violations shall be recounted from the time when the act of shirking or obstructing the sanctioning stops.”

2. To amend and supplement a number of Clauses of Article 10 as follows:

a) To amend and supplement Clause 9 as follows:

“9. Additional sanctions:

Suspension of operation, from 1 month to 3 months, for acts of violation specified in Clause 7 of this Article.”

b) To add Clause 10 as follows:

“10. Remedial measures:

Forcible refund of illicit profits earned through the commission of violations specified in Clauses 4, 5, 6 and 7 of this Article.”

3. To amend and supplement Article 19 as follows:

“Article 19. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose warnings;

b) Impose fines up to VND 500,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 1,000,000.

2. Chief inspectors of provincial-level Departments and Heads of specialized inspection teams of provincial-level departments may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000.

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Heads of ministerial-level specialized inspection teams may:

a) Impose warnings;

b) Impose fines up to VND 35,000,000;

Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

c) Confiscate administrative violation material evidences of a value not exceeding VND 70,000,000.

dd) Apply the remedial measures specified in Article 4 of this Decree.

4. Chief inspectors of ministries, Director General of the Directorate for roads of Vietnam, Director of the Vietnam Inland Waterways Administration may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

4. To amend and supplement Article 20 as follows:

“Article 20. Competence of chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 5,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 10,000,000.

2. Chairpersons of district-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

5. To amend and supplement Article 21 as follows:

“Article 21. Competence of the Market Management Force

1. Heads of market management teams, Heads of the professional sections of the Department of Market Management Operation may:

a) Impose fines up to VND 25,000,000;

b) Apply the remedial measures specified in Article 4 of this Decree.

2. Director of the provincial-level Market Surveillance Department, Director of the Department of Market Management Operation under the Directorate of Market Surveillance may:

a) Impose fines up to VND 50,000,000;

b) Confiscate administrative violation material evidences;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Apply the remedial measures specified in Article 4 of this Decree.

3. The Director General of the Directorate of Market Surveillance may:

a) Impose fines up to VND 50,000,000;

b) Confiscate administrative violation material evidences;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Apply the remedial measures specified in Article 4 of this Decree.”

6. To amend and supplement Article 22 as follows:

“Article 22. Competence of border guards

1. Border Guard soldiers who are on may:

a) Impose warnings;

b) Impose fines up to VND 500,000.

2. Station chiefs or team commanders of those mentioned in Clause 1 of this Article may:

a) Impose warnings;

b) Impose fines up to VND 2,500,000.

3. Captains of the Crime and Drug Prevention and Control Teams under the Crime and Drug Prevention and Control Task Forces may:

a) Impose warnings;

b) Impose fines up to VND 5,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 10,000,000.

4. Chiefs of border-guard stations, captains of border-guard flotillas and commanders of port border-gate guard command posts may:

a) Impose warnings;

b) Impose fines up to VND 10,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 20,000,000;

d) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

5. Captains of the Crime and Drug Prevention and Control Task Forces affiliated to the Crime and Drug Prevention and Control Department under the Border-Guard Command may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

d) Apply the remedial measures specified in Article 4 of this Decree.

6. Provincial-level border-guard commanders, captains of border-guard ship fleets, the Directors of the Crime and Drug Prevention and Control Departments under the Border-Guard Command may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”.

7. To amend and supplement Article 23 as follows:

“Article 23. Competence of marine police

1. Marine policemen who are on duty may:

a) Impose warnings;

b) Impose fines up to VND 1,000,000.

2. Heads of professional operation teams of the Marine Police may:

a) Impose warnings;

b) Impose fines up to VND 2,500,000.

3. Heads of professional operation squads of the Marine Police and heads of marine police stations may:

a) Impose warnings;

b) Impose fines up to VND 5,000,000.

4. Captains of marine police flotillas may:

a) Impose warnings;

b) Impose fines up to VND 10,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 20,000,000;

d) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

5. Captains of marine police ship fleets; Captains of the Scout Force and the Special Task Force on Drugs and Crime under the Vietnam Marine Police Command Post may:

a) Impose warnings;

b) Impose fines up to VND 15,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 30,000,000;

d) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

6. Commanders of regional Marine Police Command Posts and the Director of the Operation and Law Department under the Vietnam Marine Police Command Post may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses or practising certificates for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

7. Commander of Vietnam Marine Police may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.”.

8. To amend and supplement Article 24 as follows:

“Article 24. Competence of the Public Security Force

1. Policemen who are on duty may:

a) Impose warnings;

b) Impose fines up to VND 500,000.

2. Chiefs of mobile police units at the company or higher level, station heads or team heads of those mentioned in Clause 1 of this Article may:

a) Impose warnings;

b) Impose fines up to VND 1,500,000.

3. Chiefs of commune-level police offices, chiefs of police offices, chiefs of police stations of border gates or export processing zones, chiefs of international airport border gate police offices, battalion commanders of mobile police battalion, captains of ship fleets may:

a) Impose warnings;

b) Impose fines up to VND 2,500,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 5,000,000.

4. Chiefs of district-level police offices, heads of the professional sections of the Internal Political Security Department, heads of the professional sections of the Police Department for Administrative Management of Social Order, heads of the professional sections of the Road and Railway Traffic Police Bureau, heads of the professional sections of the Fire and Rescue Police Department, heads of the professional sections of the Department of Cybersecurity Hi-Tech Crime Prevention and Combat, heads of the professional sections of the Immigration Department; chiefs of provincial-level Police Departments include: Heads of internal political security sections, heads of police offices for administrative management of social order, heads of police sections for investigation of social order-related crimes, heads of police sections for investigation of crimes related to corruption, economy, and smuggling, heads of traffic police offices, heads of road and railway traffic police offices, heads of road traffic police offices, heads of waterway police offices, heads of mobile police offices, heads of police offices for environmental crime prevention and combat, heads of police offices for fire and rescue, heads of police offices for cybersecurity, hi-tech crime prevention and combat, heads of immigration sections, heads of economic security sections, heads of foreign security sections, captains of mobile police regiments and captains of marine regiments may:

a) Impose warnings;

b) Impose fines up to VND 10,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

c) Confiscate administrative violation material evidences of a value not exceeding VND 20,000,000.

dd) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

5. Directors of provincial-level Police Departments may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.

6. The director of the Internal Political Security Department, the director of the Economic Security Department, the director of the Police Department for Administrative Management of Social Order, the director of Police Department for Investigation of Social Order-Related Crimes, the director of Police Department for Investigation of Crimes Related to Corruption, Economy, Smuggling, the director of the Traffic Police Department, the director of the Fire and Rescue Police Department, the director of the Police Department for Environmental Crime Prevention and Combat, the director of the Police Department for Cybersecurity, Hi-Tech Crime Prevention and Combat, the director of the Police Internal Security Department, the director of the Immigration Department and the commander of Mobile Police Command may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses or practising certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

9. To amend and supplement a number of Clauses of Article 25 as follows:

a) To amend and supplement Clause 3 as follows:

“3. Persons with sanctioning competence of the Market Management Force may make a record of administrative violations, sanction administrative violations and apply remedial measures for administrative violations specified at Point a Clause 3, Point c Clause 4 Article 6; Point c Clause 4, Point d, Clause 5, Point b, Clause 12, Points a and b Clause 13 and Clause 14 Article 7; Clauses 4 and 7 Article 8; Point c Clause 1, Clauses 4, 6 and 7 Article 10; Clause 1, Point a Clause 3, Point h Clause 4 Article 13 according to the competence specified in Article 21 of this Decree and the assigned functions, tasks and powers”.

b) To amend and supplement Clause 4 as follows:

“4. Persons with sanctioning competence of border guards may make a record of administrative violations, sanction administrative violations and apply remedial measures for administrative violations specified in Clauses 5, 6 and 7 Article 6; Clause 4 Article 7; Clauses 1, 2, 3, 4 and 5, Points b and c Clause 6, Clauses 7, 8 and 9 Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17 according to the competence specified in Article 22 of this Decree and the assigned functions, tasks and powers”.

10. To amend and supplement Clause 2 Article 26 as follows:

“2. Heads of inspection teams, civil servants assigned to inspect and verify issues related to tourism, and market controllers on duty may make records of administrative violations and transfer administrative violation dossiers to persons with sanctioning competence to impose sanctions in accordance with law.”

Article 2. Amending and supplementing a number of articles of the Government’s Decree 46/2019/ND-CP dated May 27, 2019, on sanctioning of administrative violations in the field of sports

1. To add Article 2a after Article 2 as follows:

“Article 2a. Statute of limitations for sanctioning administrative violations

1. Statute of limitations for sanctioning administrative violations in the field of sports is 1 year.

2. The statute of limitations for sanctioning an administrative violation in the field of sports is counted as follows:

b) For a completed administrative violation as prescribed at Point b Clause 3 of this Article, the statute of limitations is counted from the date when the violation stops.

3. An in-progress administrative violation and a completed administrative violation in the field of spots

a) An in-progress administrative violation in the field of spots is an act of a prolonged nature, which has been and is taking place at the time competent agencies or persons with sanctioning competence detects and handles the violation and that act is still directly infringing upon the state management order;

b) A completed administrative violation in the field of spots is an act committed once or many times and there are grounds and information to prove that the act has been completed before the time a competent agency or person with sanctioning competence detects and handles the violation.

2. To amend and supplement Article 22 as follows:

“Article 22. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may impose warnings.

2. Chief inspectors of provincial-level Departments and Heads of specialized inspection teams of provincial-level departments may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

c) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000.

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Heads of ministerial-level specialized inspection teams may:

a) Impose warnings;

b) Impose fines up to VND 35,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences of a value not exceeding VND 70,000,000.

dd) Apply the remedial measures specified in Article 4 of this Decree.

4. Chief inspectors of ministries, the Director General of the Vietnam Road Administration, the director of the Vietnam Inland Waterway Administration, the director of the Drug Administration of Vietnam, the director of the Department of Medical Service Administration, the director of the General Department of Preventive Medicine may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

3. To amend and supplement Article 23 as follows:

“Article 23. Competence of chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 5,000,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 10,000,000.

2. Chairpersons of district-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

4. To amend and supplement Article 24 as follows:

“Article 24. Competence of the Public Security Force

1. Policemen who are on duty may impose warnings.

2. Chiefs of mobile police units at the company or higher level, station heads or team heads of those mentioned in Clause 1 of this Article may impose warnings.

a) Impose warnings;

b) Impose fines up to VND 2,500,000;

c) Confiscate administrative violation material evidences of a value not exceeding VND 5,000,000.

a) Impose warnings;

b) Impose fines up to VND 10,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences of a value not exceeding VND 20,000,000.

dd) Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree.

5. Directors of provincial-level Police Departments may:

a) Impose warnings;

b) Impose fines up to VND 25,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.

a) Impose warnings;

b) Impose fines up to VND 50,000,000;

c) Deprive the right to use licenses for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

5. To amend and supplement Article 25 as follows:

“Article 25. Competence of border guards

Provincial-level border-guard commanders, captains of border-guard ship fleets, the Directors of the Crime and Drug Prevention and Control Departments under the Border-Guard Command may:

1. Impose warnings;

2. Impose fines up to VND 50,000,000;

3. Deprive of the right to use licenses for a definite term or suspend operation for a definite time;

4. Confiscate administrative violation material evidences;

5. Apply the remedial measures specified in Article 4 of this Decree”.

6. To amend and supplement Article 26 as follows:

“Article 26. Competence of marine police

Commander of Vietnam Marine Police may:

1. Impose warnings;

2. Impose fines up to VND 50,000,000;

3. Deprive of the right to use licenses for a definite term or suspend operation for a definite time;

4. Confiscate administrative violation material evidences;

5. Apply the remedial measures specified in Clauses 2, 3 and 4, Article 4 of this Decree”.

7. To amend and supplement Article 28 as follows:

“Article 28. Competence to make written records of administrative violations

Other post holders defined in Clauses 22, 23, 24, 25 and 26 of this Decree; civil servants, public employees in the culture, sports and tourism sectors; servicemen of the People’s Army or People’s Public Security Force; border-guard soldiers; station chiefs or team commanders of border-guard soldiers; captains of the Crime and Drug Prevention and Control Teams of the Crime and Drug Prevention and Control Task Force; chiefs of border-guard stations, captains of border-guard flotillas, commanders of Port Border-Gate Guard Command Posts; captains of the Special Task Force on Drugs and Crime of the Department of Drugs and Crime under the Border-Guard Command; marine policemen; heads of professional operation teams of the Marine Police, Heads of professional operation squads of the Marine Police; heads of marine police stations, captains of marine police flotillas, captains of marine police ship fleets; captains of the Scout Force; captains of the Crime and Drug Prevention and Control Task Forces under the Vietnam Marine Police Command Post, commanders of regional Marine Police Command Posts, the Director of the Operation and Law Department under the Vietnam Marine Police Command Post who are on duty of inspection and examination, when detecting administrative violations in the field of sports, may make records of administrative violations according to law”.

Article 3. Amending and supplementing a number of articles of the Government’s Decree 131/2013/ND-CP dated November 16, 2013, on sanctioning administrative violations of copyright and related rights, which is amended and supplemented by the Government's Decree No. 28/2017/ND-CP dated March 20, 2017, amending and supplementing a number of articles of the Government’s Decree 131/2013/ND-CP dated November 16, 2013, on sanctioning administrative violations of copyright and related rights and the Government’s Decree No. 158/2013/ND-CP dated November 12, 2013, on penalties for administrative violations pertaining to culture, sports, tourism and advertising

1. To add Article 3a after Article 3 as follows:

“Article 3a. Statute of limitations for sanctioning administrative violations

1. Statute of limitations for sanctioning administrative violations of copyright and related rights is 2 year.

2. The statute of limitations for sanctioning an administrative violation of copyright and related rights is counted as follows:

b) For a completed administrative violation as prescribed at Point b Clause 3 of this Article, the statute of limitations is counted from the date when the violation stops.

3. In-progress administrative violations and completed administrative violations related to copyright and related rights

a) An in-progress administrative violation in the field of copyright and related rights is an act of a prolonged nature, which has been and is taking place at the time competent agencies or persons with sanctioning competence detects and handles the violation and that act is still directly infringing upon the state management order;

b) A completed administrative violation in the field of copyright and related rights is an act committed once or many times and there are grounds and information to prove that the act has been completed before the time competent agency or person with sanctioning competence detects and handles the violation.

2. To amend and supplement Article 36 as follows:

“Article 36. Competence to make written records of administrative violations

Other post holders defined in Clauses 37, 38, 39, 40a, 40b, 40c and 40d of this Decree; civil servants, public employees in the culture, sports and tourism sectors; servicemen of the People’s Army or People’s Public Security Force; border-guard soldiers; station chiefs or team commanders of border-guard soldiers; marine policemen; customs officers; heads, chiefs of customs teams of district-level Customs Departments; heads of control teams of provincial, inter-provincial or municipal Customs Departments; heads of customs teams of district-level Post-Customs Clearance Inspection Departments; market controllers who are on duty of inspection and examination, when detecting administrative violations of copyright and related rights, may make records of administrative violations according to law.”

3. To amend and supplement Article 37 as follows:

“Article 37. Competence of chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Impose fines up to VND 5,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 10,000,000;

c) Apply the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of district-level People’s Committees may:

a) Impose fines up to VND 100,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures specified at Points dd and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose fines up to VND 250,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures specified in Article 3 of this Decree.”

4. To amend and supplement Article 38 as follows:

“Article 38. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose fines up to VND 500,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 1,000,000;

c) Apply the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chief inspectors of provincial-level Departments, heads of specialized inspection teams of provincial-level departments, the chief inspector of the Civil Aviation Administration of Vietnam, the chief inspector of the Vietnam Maritime Administration may:

a) Impose fines up to VND 50,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences of a value not exceeding VND 100,000,000;

d) Apply the remedial measures specified in Article 3 of this Decree.

3. Heads of ministerial-level specialized inspection teams may:

a) Impose warnings;

b) Impose fines up to VND 175,000,000;

c) Deprive the right to use practising certificates for a definite time;

d) Confiscate administrative violation material evidences of a value not exceeding VND 350,000,000.

dd) Apply the remedial measures specified in Article 3 of this Decree.

4. Chief inspectors of ministries, the director of the Vietnam Maritime Administration, the director of the Civil Aviation Administration of Vietnam, the director of the Authority of Radio Frequency Management, the director of the Department of Telecommunications, the director of the Administration of Radio, Television and Electronic Information, the director of the Press Department, the director of the Publication Department may:

a) Impose fines up to VND 250,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures specified in Article 3 of this Decree.”

5. To amend and supplement Article 39 as follows:

“Article 39. Competence of the Public Security Force

1. Policemen who are on duty may impose fines up to VND 500,000.

2. Heads of company-level mobile police units, station heads or team heads of those mentioned in Clause 1 of this Article may impose fines up to VND 1,500,000.

a) Impose fines up to VND 2,500,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 5,000,000.

c) Apply the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chiefs of district-level police offices, heads of the professional sections of the Internal Political Security Department, heads of the professional sections of the Police Department for Administrative Management of Social Order, heads of the professional sections of the Road and Railway Traffic Police Bureau, heads of the professional sections of the Department of Cybersecurity Hi-Tech Crime Prevention and Combat, heads of the professional sections of the Immigration Department; chiefs of provincial-level Police Departments include: Heads of internal political security sections, heads of police offices for administrative management of social order, heads of police sections for investigation of social order-related crimes, heads of police sections for investigation of crimes related to corruption, economy, and smuggling, heads of traffic police offices, heads of road and railway traffic police offices, heads of road traffic police offices, heads of waterway police offices, heads of mobile police offices, heads of police offices for cybersecurity, hi-tech crime prevention and combat, heads of immigration sections, heads of economic security sections, heads of foreign security sections, captains of mobile police regiments and captains of marine regiments may:

a) Impose fines up to VND 25,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

d) Apply the remedial measures specified at Point dd Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

5. Directors of provincial-level Police Departments may:

a) Impose fines up to VND 100,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures specified at Point dd Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

6. The director of the Internal Political Security Department, the director of the Economic Security Department, the director of the Police Department for Administrative Management of Social Order, the director of Police Department for Investigation of Social Order-Related Crimes, the director of Police Department for Investigation of Crimes Related to Corruption, Economy, Smuggling, the director of the Traffic Police Department, the director of the Police Department for Cybersecurity, Hi-Tech Crime Prevention and Combat, the director of the Police Internal Security Department, the director of the Immigration Department and the commander of Mobile Police Command may:

a) Impose fines up to VND 250,000,000;

b) Deprive the right to use practising certificates for a definite time;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures specified at Point dd Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.”

6. To amend and supplement Article 40a as follows:

“Article 40a. Competence of border guards

1. Captains of the Crime and Drug Prevention and Control Teams under the Crime and Drug Prevention and Control Task Forces may:

a) Impose fines up to VND 10,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 20,000,000;

c) Apply the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chiefs of border-guard stations, captains of border-guard flotillas and commanders of port border-gate guard command posts may:

a) Impose fines up to VND 25,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

3. Captains of the Crime and Drug Prevention and Control Task Forces affiliated to the Crime and Drug Prevention and Control Department under the Border-Guard Command may:

a) Impose fines up to VND 100,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 200,000,000;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

4. Provincial-level border-guard commanders, captains of border-guard ship fleets, the Directors of the Crime and Drug Prevention and Control Departments under the Border-Guard Command may:

a) Impose fines up to VND 250,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 1.2, 3 and 4, Article 3 of this Decree.”

7. To amend and supplement Article 40b as follows:

“Article 40b. Competence of marine police

1. Heads of professional operation teams of the Marine Police may impose fines up to VND 5,000,000.

2. Heads of professional operation squads of the Marine Police and heads of marine police stations may:

a) Impose fines up to VND 10,000,000;

b) Apply the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Captains of marine police flotillas may:

a) Impose fines up to VND 25,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3 and 4, Article 3 of this Decree.

4. Captains of marine police ship fleets; Captains of the Scout Force and the Special Task Force on Drugs and Crime under the Vietnam Marine Police Command Post may:

a) Impose fines up to VND 50,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 100,000,000;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3 and 4, Article 3 of this Decree.

5. Commanders of regional Marine Police Command Posts and the Director of the Operation and Law Department under the Vietnam Marine Police Command Post may:

a) Impose fines up to VND 100,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3 and 4, Article 3 of this Decree.

6. Commander of Vietnam Marine Police may:

a) Impose fines up to VND 250,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified at Points d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3 and 4, Article 3 of this Decree.”

8. To amend and supplement Article 40c as follows:

“Article 40c. Competence of customs

1. Heads of Customs Branches, heads of Post-Customs Clearance Inspection Branches, heads of control teams under provincial, inter-provincial or municipal Customs Departments, heads of criminal investigation teams, heads of anti-smuggling control teams, captains of marine control flotillas, and heads of anti-smuggling control and protection of intellectual property right teams of the Anti-Smuggling Investigation Department; heads of Post-Customs Clearance Inspection Branches under the Post-Customs Clearance Inspection Department may:

a) Impose fines up to VND 25,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points d, dd and g, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

2. The director of the Anti-Smuggling Investigation Department, the director of the Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments may:

a) Impose fines up to VND 50,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified at Points d, dd and g, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

3. The General Director of Customs may:

a) Impose fines up to VND 250,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified at Points d, dd and g, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.”

9. To amend and supplement a number of Clauses of Article 40d as follows:

“Article 40d. Competence of the Market Management Force

1. Heads of market management teams, Heads of the professional sections of the Department of Market Management Operation may:

a) Impose fines up to VND 25,000,000;

b) Confiscate administrative violation material evidences of a value not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points dd, e and g, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 1, 2, 3 and 4, Article 3 of this Decree.

2. Director of the provincial-level Market Surveillance Department, Director of the Department of Market Management Operation under the Directorate of Market Surveillance may:

a) Impose fines up to VND 50,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified in Article 3 of this Decree.

3. The Director General of the Directorate of Market Surveillance may:

a) Impose fines up to VND 250,000,000;

b) Confiscate administrative violation material evidences;

c) Apply the remedial measures specified in Article 3 of this Decree.”

Article 4. Amending and supplementing a number of articles of the Government’s Decree 38/2021/ND-CP dated March 29, 2021, on sanctioning of administrative violations in the field of culture and advertising

1. To add Article 3a after Article 3 as follows:

“Article 3a. Statute of limitations for sanctioning administrative violations

1. Statute of limitations for sanctioning administrative violations in the field of culture and advertising is 1 year.

2. The statute of limitations for sanctioning an administrative violation in the field of culture and advertising is counted as follows:

b) For a completed administrative violation as prescribed at Point b Clause 3 of this Article, the statute of limitations is counted from the date when the violation stops.

3. An in-progress administrative violation and a completed administrative violation in the field of culture and advertising

a) An in-progress administrative violation in the field of culture and advertising is an act of a prolonged nature, which has been and is taking place at the time competent agencies or persons with sanctioning competence detects and handles the violation and that act is still directly infringing upon the state management order;

b) A completed administrative violation in the field of culture and advertising is an act committed once or many times and there are grounds and information to prove that the act has been completed before the time competent agency or person with sanctioning competence detects and handles the violation.

2. To add Clause 18 to Article 4 as follows:

“18. Forcible return of licenses for cooperation and joint venture in producing film, providing film production services; written approval for organization of art performances, competitions and festivals of various types of performing arts; licenses of eligibility for karaoke service business, 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; practice certificates of preservation, restoration and restoration of monuments; certificates of eligibility to practice preservation, restoration and restoration of relics; certificates of establishment and operation registration, licenses for establishment and operation of foreign cultural establishments in Vietnam to the issuing agencies.”

3. To add Point g to Clause 8, Article 6 as follows:

“g) Forcible return of the license that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified at Point a, Clause 2 of this Article.”

4. To add Point e to Clause 10, Article 11 as follows:

“e) Forcible return of the written approval that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified at Point b, Clause 2 of this Article.”

5. To add Point c to Clause 10, Article 15 as follows:

“c) Forcible return of the license that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified at Point c, Clause 5 of this Article.”

6. To add Point i to Clause 7, Article 17 as follows:

“i) Forcible return of the license that has been corrected, erased or supplemented to the issuing agency, for acts of violations specified at Point b, Clause 2 of this Article.”

7. To add Point h to Clause 8, Article 18 as follows:

“h) Forcible return of the license that has been corrected, erased or supplemented to the issuing agency, for acts of violations specified in Clause 2 of this Article.”

8. To add the Point dd to Clause 8 Article 19 as follows:

“dd) Forcible return of the license that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified in Clause 2 of this Article.”

9. To add Point c to Clause 7, Article 21 as follows:

“c) Forcible return of the certificate that has been corrected, erased or supplemented to the issuing agency, for acts of violations specified in Clause 2 of this Article.”

10. To add Point c to Clause 6, Article 22 as follows:

“c) Forcible return of the practising certificate that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified in Clause 3 of this Article.”

11. To add Point c to Clause 7, Article 23 as follows:

“c) Forcible return of the certificate that has been corrected, erased or supplemented to the issuing agency, for acts of violations specified in Clause 2 of this Article.”

12. To amend and supplement Clause 7 Article 30 as follows:

“a) Forcible revocation of the certificate of establishment and operation registration or the establishment and operation license, for acts of violation specified at Point c, Clause 2 of this Article in cases where such certificate has been granted or re-granted;

“b) Forcible return of the certificate or license that has been corrected, erased or supplemented to the issuing agency, for acts of violation specified at Point b, Clause 3 of this Article.”

13. To amend and supplement a number of Clauses of Article 38 as follows:

a) To amend and supplement Clause 1 as follows:

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

a) Failing to notify or incorrectly notify the Ministry of Information and Communications of contents as prescribed by foreign organizations and individuals providing cross-border advertising services in Vietnam;

b) Failing to report according to regulations on provision of cross-border advertising services in Vietnam to the Ministry of Information and Communications.”

b) To add Clause 2a after Clause 2 as follows:

"2a. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of placing advertising products on illegal contents as specified in Clause 1, Article 8 of the Law on Cybersecurity, Article 28 of the Law on Intellectual Property.”

14. To amend and supplement a number of Points and Clauses of Article 51 as follows:

a) To amend and supplement Clause 2 as follows:

“2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to clearly speak one of the following information: Name of cosmetic; the features and uses of cosmetics and warnings as prescribed when advertising in audio and video newspapers.”

b) To amend and supplement Point a, Article 3 as follows:

“a) Advertising cosmetics with content inconsistent with one of the prescribed documents;”

15. To amend and supplement a number of Points and Clauses of Article 52 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of advertising health supplements without or incorrectly stating or unclearly reading or failing to show this warning in the advertisement “This product is not a medicine and cannot replace medical treatment.”

b) To amend and supplement Point b Clause 2 as follows:

“b) The advertisement for food or food additives lacks one of the following contents: Name of food or food additive; warning about risks, warning kind of people not to use this product according to one of the regulatory documents for functional foods; name and address of the organization or individual responsible for bringing the product to market;”

16. To amend and supplement Clause 2 Article 63 as follows:

“2. Civil servants, public employees, servicemen of the People’s Army or People’s Public Security Force; border-guard soldiers; station heads or team heads of border-guard soldiers; captains of the Crime and Drug Prevention and Control Teams under the Crime and Drug Prevention and Control Force; customs officers; heads, chiefs of customs teams of Customs Branches; heads of control teams of provincial, inter-provincial or municipal Customs Departments; heads of customs teams of Post-Customs Clearance Inspection Branches who are on duty in the field of culture and advertising may make records of administrative violations according to law.”

17. To amend and supplement Article 64 as follows:

“Article 64. Competence of chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Impose caution;

b) Impose a fine of up to VND 5,000,000;

c) Confiscate material evidences and means of administrative violations of a value not exceeding VND 10,000,000;

d) Apply the remedial measures specified at Points a, b and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of district-level People’s Committees may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000, for the acts of administrative violations related to culture; a fine of up to VND 50,000,000, for the acts of administrative violations related to advertising;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000, for the acts of administrative violations related to culture; a fine of up to VND 100,000,000, for the acts of administrative violations related to advertising;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

18. To amend and supplement Article 65 as follows:

“Article 65. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose caution;

b) Impose a fine of up to VND 500,000;

c) Confiscate material evidences and means of administrative violations of a value not exceeding VND 1,000,000;

d) Apply the remedial measures specified at Points a and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chief inspectors of provincial-level Departments, Heads of specialized inspection teams of provincial-level departments; Chief inspector of Vietnam Maritime Administration, Chief inspector of Civil Aviation Authority of Vietnam, Directors of Food Safety and Hygiene Sub-Departments under provincial-level Departments of Health, Directors of regional Sub-Departments of Animal Health, Directors of regional Animal Quarantine Sub-Departments under the Department of Animal Health, Directors of regional Plant Quarantine Sub-Departments under the Plant Protection Department, Director of Agro-Forestry-Fisheries Quality Assurance Sub-Department of the Central region, Director of Agro-Forestry-Fisheries Quality Assurance Sub-Department of the South under the National Agro-Forestry-Fisheries Quality Assurance Department, Directors of Sub-Departments for Crop Production and Plant Protection, Livestock Production, Animal Health, Fisheries, Agro-Forestry-Fisheries Quality Assurance, Water Resources, Dikes, Natural Disaster Prevention and Control, Forestry, and Agricultural Development under the Departments of Agriculture and Rural Development, Directors of regional Radio Frequency Centers may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations related to culture of a value not exceeding VND 50,000,000; material evidences and means of administrative violations related to advertising of a value not exceeding VND 100,000,000;

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. Heads of ministerial-level specialized inspection teams may:

a) Impose caution;

b) Impose a fine of up to VND 35,000,000, for the acts of administrative violations related to culture; a fine of up to VND 70,000,000, for the acts of administrative violations related to advertising;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations related to culture of a value not exceeding VND 70,000,000; material evidences and means of administrative violations related to advertising of a value not exceeding VND 140,000,000;

dd) Apply the remedial measures specified in Article 4 of this Decree.

4. Ministerial chief inspectors; Director Generals of Directorate for Roads of Vietnam, Directorate of Water Resources, Vietnam Administration of Forestry, Directorate of Fisheries, General Department of Land Administration; Directors of Vietnam Railway Authority, Vietnam Inland Waterways Administration, Vietnam Maritime Administration, Civil Aviation Authority of Vietnam, Department of Animal Health, Plant Protection Department, Department of Crop Production, Department of Livestock Production, National Agro-Forestry-Fisheries Quality Assurance Department, Authority of Radio Frequency Management, Vietnam Telecommunications Authority, Authority of Broadcasting and Electronic Information, Authority of Press, Authority of Publication, Printing and Distribution, Drug Administration of Vietnam, Department of Medical Service Administration, Health Environment Management Agency, General Department of Preventive Medicine, Vietnam Food Administration may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

19. To amend and supplement Article 66 as follows:

“Article 66. Competence of the Public Security Force

1. Policemen who are on duty may:

a) Impose caution;

b) Impose a fine of up to VND 500,000.

2. Heads of company-level mobile police units, station chiefs and team heads of the persons specified in Clause 1 of this Article may:

a) Impose caution;

b) Impose a fine of up to VND 1,500,000.

3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads may:

a) Impose caution;

b) Impose a fine of up to VND 2,500,000;

c) Confiscate material evidences and means of administrative violations of a value not exceeding VND 5,000,000;

d) Apply the remedial measures specified at Points a and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chiefs of district-level police offices; heads of divisions of provincial-level Departments of Public Security, including heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of the Internal Political Security Divisions, heads of Economic Security Divisions, heads of Police Divisions for Investigation of Social Order-Related Crimes, heads of Police Divisions for Investigation of Corruption, Economy and Smuggling-Related Crimes, heads of Police Divisions for Administrative Management of Social Order, heads of CyberSecurity and Hi-Tech Crime Prevention and Combat Divisions, heads of Immigration Divisions, heads of External Security Divisions, heads of Mobile Police Divisions, heads of Mobile Police Regiments, and heads of marine battalions may:

a) Impose caution;

b) Impose a fine of up to VND 10,000,000, for the acts of administrative violations related to culture; a fine of up to VND 20,000,000, for the acts of administrative violations related to advertising;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations related to culture of a value not exceeding VND 20,000,000; material evidences and means of administrative violations related to advertising of a value not exceeding VND 40,000,000;

dd) Apply the remedial measures specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

5. Directors of provincial-level Departments of Public Security may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points a, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

6. The Director of the Traffic Police Department; Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Police Department for Investigation of Social Order-Related Crimes; Director of the Police Department for Investigation of Corruption, Economic and Smuggling-Related Crimes; Director of the Police Department for Administrative Management of Social Order; Director of the CyberSecurity and Hi-Tech Crime Prevention and Combat Department; Director of the Immigration Department; and Commander of the Mobile Police Department may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points a, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

20. To amend and supplement Article 67 as follows:

“Article 67. Competence of the Border Guard

1. Heads of border-guard stations, heads of border-guard flotillas and commanders of Border Guard Commands of port border gates may:

a) Impose caution;

c) Confiscate material evidences and means of administrative violations related to culture of a value not exceeding VND 20,000,000; material evidences and means of administrative violations related to advertising of a value not exceeding VND 40,000,000;

d) Apply the remedial measures specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

c) Confiscate material evidences of administrative violations related to culture of a value not exceeding VND 50,000,000; material evidences of administrative violations related to advertising of a value not exceeding VND 100,000,000;

d) Apply the remedial measures specified at Points a, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points a, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

21. To amend and supplement Article 68 as follows:

“Article 68. Competence of the Coast Guard

1. Marine policemen who are on duty may:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000, for the acts of administrative violations related to culture; a fine of up to VND 1,500,000, for the acts of administrative violations related to advertising.

2. Leaders of Coast Guard operation teams may:

a) Impose caution;

b) Impose a fine of up to VND 2,500,000, for the acts of administrative violations related to culture; a fine of up to VND 5,000,000, for the acts of administrative violations related to advertising.

3. Heads of Coast Guard operation squads and heads of Coast Guard stations may:

a) Impose caution;

b) Impose a fine of up to VND 5,000,000, for the acts of administrative violations related to culture; a fine of up to VND 10,000,000, for the acts of administrative violations related to advertising;

c) Apply the remedial measures specified at Points a and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Captains of Coast Guard flotillas may:

a) Impose caution;

d) Apply the remedial measures as specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

5. Captains of coast guard fleets, commanders of coast guard zones; heads of reconnaissance teams and heads of task forces for drug-related crime prevention under the Vietnam Coast Guard High Command may:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000, for the acts of administrative violations related to culture; a fine of up to VND 30,000,000, for the acts of administrative violations related to advertising;

c) Confiscate material evidences and means of administrative violations related to culture of a value not exceeding VND 30,000,000; material evidences and means of administrative violations related to advertising of a value not exceeding VND 60,000,000;

d) Apply the remedial measures as specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the Vietnam Coast Guard High Command may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

7. The Vietnam Coast Guard Commander may:

a) Impose caution;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points a, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

22. To amend and supplement Article 69 as follows:

“Article 69. Competence of Customs

1. Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches, heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of Criminal Investigation Teams, heads of Anti-Smuggling Control Teams, chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidences and means of administrative violations of a value not exceeding VND 50,000,000;

d) Apply the remedial measures specified at Points dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Director of the Anti-Smuggling Investigation Department, director of the Post-Customs Clearance Inspection Department under the General Department of Vietnam Customs, and directors of provincial, inter-provincial and municipal Customs Departments may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures specified at Points dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. The Director General of Customs may:

a) Impose caution;

c) Confiscate material evidences and means of administrative violations;

d) Apply the remedial measures specified at Points dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

23. To amend and supplement Article 70 as follows:

“Article 70. Competence of the Market Surveillance Force

1. Heads of market surveillance teams and heads of professional divisions of the Professional Department of Market Surveillance may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidences and means of administrative violations of a value not exceeding VND 50,000,000.

d) Apply the remedial measures specified at Points a, dd, e, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. The directors of provincial-level Market Surveillance Departments, the director of the Professional Department of Market Surveillance under the Vietnam Directorate of Market Surveillance may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidences and means of administrative violations;

d) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

dd) Apply the remedial measures as specified at Points a, dd, e, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. The Director General of Vietnam Directorate of Market Surveillance may:

a) Impose caution;

c) Confiscate material evidences and means of administrative violations;

d) Deprive of the right to use licenses, practicing certificates for a definite term or suspend operations for a definite time;

dd) Apply the remedial measures specified at Points a, dd, e, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

24. To amend and supplement Article 71 as follows:

“Article 71. Division of competence to sanction administrative violations

1. Chairpersons of People’s Committees at all levels shall sanction the acts of administrative violation specified in Chapters II and III of this Decree.

2. The Public Security Force shall sanction the acts of administrative violation specified in Chapters II and III, except for the acts specified at Point a, Clause 4, Article 6; Point c Clause 3, Point g Clause 4, Points b, c and d Clause 5 Article 17; Point b, Clause 6, Article 18; Clause 2, Point b and Point c Clause 5, Point b Clause 6, Article 20; Clause 5, Article 34; Point a Clause 1 and Clause 2, Article 50; Points a and c Clause 3, Clause 4, Article 51; Points a and b Clause 2, Clause 4, Article 52; Points a and c, Clause 2, Article 54; Clauses 1 and 2, Article 55; Clause 1, Article 57; Clause 1, Article 58; Clauses 1 and 2, Article 59; Article 60; Clause 1, Article 61 of this Decree.

3. The Border Guard shall sanction the acts of administrative violation specified at Points c and d, Clause 2, Article 11; Point b, Clause 2, Article 12; Article 13; Point c Clause 5, Point e Clause 6, Article 15; Article 16; Point b Clause 3, Point a Clause 5, Article 18; Point b Clause 3, Point a Clause 5, Article 19; Clause 1, Point a Clause 4 and Point dd Clause 7, Article 20; Point a Clause 1 and Point a Clause 2, Article 24; Articles 25, 31 and 33; Points a, b and c Clause 2, Clauses 3, 4 and 6, Article 34; Points a and b, Clause 1, Article 35; Article 36 and Article 43 of this Decree.

4. The Coast Guard shall sanction the acts of administrative violation specified at Point b, Clause 5, Article 9; Point b, Clause 2, Article 11; Point c, Clause 1, Article 14; Point a, Clause 1, Article 16; Point b Clause 3 and Point a Clause 5, Article 18; Point b Clause 3, and Point a Clause 5, Article 19; Clause 1 and Point a, Clause 7, Article 20; Article 24; Article 25; Article 33; Points a and c Clause 2, Clauses 3, 4 and 6, Article 34; Points a and b, Clause 1, Article 35 and Article 36 of this Decree.

5. Customs shall sanction the acts of administrative violation specified at Point b, Clause 3 and Point a, Clause 5, Article 18; Point b, Clause 3, and Point a, Clause 5, Article 19; Point dd, Clause 7, Article 20 of this Decree.

6. The Market Surveillance Force shall sanction the acts of administrative violation specified in Article 7; Clause 4 and Clause 5, Article 9; Article 13; Clauses 5, 6, 7 and 8, Article 15; Clause 2, Article 16; Point c, Clause 6, Article 18; Point dd, Clause 7, Article 20; Clause 5, Article 21; Articles 31, 33 and 34; Points a and b, Clause 1, Article 35; Article 36; Article 48 and Section 4 Chapter III of this Decree.

7. The specialized inspectorate of Culture, Sports and Tourism shall sanction the acts of administrative violation specified in Chapters II and III of this Decree.

8. The Information and Communications Inspectorate shall sanction the acts of administrative violation specified at Point b Clause 2 and Clause 5, Article 8; Section 1, Section 2 and Section 4 Chapter III of this Decree.

9. The Health Inspectorate shall sanction the acts of administrative violation specified in Section 1 Chapter III; Articles 49, 50, 51, 52, 53, 54, 55 and 56 of this Decree.

10. The Agriculture and Rural Development Inspectorate shall sanction the acts of administrative violation specified in Section 1, Chapter III; the act of advertising on billboards, banners without complying with regulations on dike areas at Point c, Clause 3, Article 42; Articles 49, 57, 58, 59, 60, 61 and 62 of this Decree.

11. The Construction Inspectorate shall sanction the acts of administrative violation specified at Points b and c, Clause 5, Article 17 of this Decree.

12. The Transport Inspectorate shall sanction the act of hanging, placing, sticking or painting advertisements on traffic light poles specified in Clause 1, the act of using advertisements that affect the traffic order and safety prescribed at Point b, Clause 2, Article 34; the act of advertising on billboards, banners without complying with regulations on traffic safety corridors, advertising on billboards, banners that hide traffic lights, or cross roads specified at Point c, Clause 3, Article 42; Article 43; Clause 2, Article 44; Clause 2, Article 46 and Point b, Clause 3, Article 48 of this Decree.

13. The Inspector of Labor, Invalids and Social Affairs shall sanction the acts of administrative violation specified in Clause 4, Article 8; Point a, Clause 5, Article 11; Article 32; Point c Clause 2, Point c Clause 4, Article 34; Point d, Clause 2, Article 50 of this Decree.

14. The Natural Resources and Environment Inspectorate shall sanction the acts of administrative violation specified at Point b, Clause 7, Article 20 of this Decree.”

Article 5. Adding, replacing and annulling a number of phrases, points and clauses of Decree No. 45/2019/ND-CP, Decree No. 131/2013/ND CP and Decree No. 38/2021/ND-CP

1. To annul Point b, Clause 3, Article 13 of Decree No. 45/2019/ND-CP; Point b Clause 7 Article 6, Point d Clause 9 Article 11, Point b Clause 9 Article 15, Clause 7 Article 18, Clause 7 Article 19, Point a Clause 6 Article 21 and Clause 6 Article 30 of Decree No. 38/2021/ ND-CP.

2. To annul the phrases “Clause 1” in Clause 3, Article 40 of Decree No. 131/2013/ND-CP that has been amended and supplemented by Clause 6, Article 1 of Decree No. 28/2017/ND-CP; “Point b, Clause 2 and” at Clause 6, Article 17, “Clause 3” at Point a, Clause 5, Article 22, “Clause 2 and” at Point c, Clause 6, Article 23 of Decree No. 38/2021/ND-CP.

3. To replace and add a number of phrases in Decree No. 45/2019/ND-CP and Decree No. 38/2021/ND-CP as follows:

a) To add the phrase “Points a, b, c, d, dd, e and g” before the phrase “Clause 4” in Clause 8, Article 13 of Decree No. 45/2019/ND-CP;

b) To replace the phrase “dismantling” with the phrase “demolition” at Points c and d, Clause 7, Article 17; Point c, Clause 9, Article 20 of Decree No. 38/2021/ND-CP.

c) To add the phrase “except for cases of violating regulations on natural heritages as prescribed in the Law on Environmental Protection” after the phrase “scenic places and beauty spots” at Points a and b, Clause 7, Article 20 of Decree No. 38/2021/ND-CP.

Article 6. Responsibility of implementation organization

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 be responsible for implementing this Decree.

Article 7. Implementation provisions

1. This Decree takes effect on January 01, 2022.

2. Transitional provisions

a) For acts of administrative violations related to tourism; sports; copyright and related rights; culture and advertising that have been committed before the date on which this Decree takes effect but are detected or considered for handling decision after the effective date of this Decree, if this Decree does not provide for liability or impose lighter liability, this Decree shall prevail.

b) If sanctioned individuals and organizations lodge complaints about decisions on sanctioning administrative violations that have been issued or whose execution has been completed before the date on which this Decree takes effect, the Decree No. 45/2019/ND-CP, Decree No. 46/2019/ND-CP, Decree No. 131/2013/ND-CP, Decree No. 28/2017/ND-CP and Decree No. 38/2021/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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Decree 129/2021/ND-CP on sanctioning of administrative violations related to advertising

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VIETNAMESE DOCUMENTS

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