Decree No. 28/2017/ND-CP dated March 20, 2017 of the Government dated March 20, 2017, amendments to the Government's Decree No. 131/2013/ND-CP on penalties for administrative violations against copyrights and related rights and the Government's Decree No. 158/2013/ND-CP on penalties for administrative violations against regulations on culture, sports, tourism, and advertising

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ATTRIBUTE

Decree No. 28/2017/ND-CP dated March 20, 2017 of the Government dated March 20, 2017, amendments to the Government's Decree No. 131/2013/ND-CP on penalties for administrative violations against copyrights and related rights and the Government's Decree No. 158/2013/ND-CP on penalties for administrative violations against regulations on culture, sports, tourism, and advertising
Issuing body: GovernmentEffective date:
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Official number:28/2017/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:20/03/2017Effect status:
Known

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Fields:Administrative violation , Intellectual property , Culture - Sports - Tourism

SUMMARY

Handing out leaflets may have a fine to VND 500,000

 

On March 20, 2017, the Government issued the Decree No. 28/2017/ND-CP on amending the Government's Decree No. 131/2013/ND-CP on penalties for administrative violations against copyrights and related rights and the Government's Decree No. 158/2013/ND-CP on penalties for administrative violations against regulations on culture, sports, tourism, and advertising.

The Decree points out clearly that Warnings or fines of from VND 2,000,000 to VND 500,000 for handing out leaflets that affect landscape, traffic order, and social security. A fine of from VND 2,000,000  to VND 5.000.000  shall be imposed for one of the violations such as placing advertisements in the front, back, or top of the vehicle; the advertisement exceeds the permissible area for advertisement on a side of the vehicle. At the same time, warnings or fines of from VND 5,000,000 to VND 10,000,000 for owners of products, goods, or services adverted on leaflets that affect landscape, traffic order, and social security.

In the cultural sector, a maximum fine of VND 25,000,000 shall be imposed for reproducing films that are supposed to be revoked, confiscated, destroyed or banned under a regulatory body's decision; and illegally storing films that are supposed to be revoked, confiscated, destroyed or banned under a regulatory body's decision….Reproducing audio or video recording of art performances that are supposed revoked, confiscated, destroyed or banned under a regulatory body's decision; reproducing audio and video recordings of art performances that have pornographic contents, incite violence or debauchery….

What’s more important, warnings or fines of from VND 200,000 to 500,000 VND for burning incense or joss paper not in accordance with regulations of festival organizing board, historic site management board; throw, drop money into wells, ponds; profane or desecrate that affect the solemn atmosphere; litter causing environmental insanitation in the festival or historic site.

This Decree takes effect on May 05, 2017.
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Effect status: Known

THE GOVERNMENT

Decree No. 28/2017/ND-CP dated  March 20, 2017 of the Government dated March 20, 2017, amendments to the Government's Decree No. 131/2013/ND-CP on penalties for administrative violations against copyrights and related rights and the Government's Decree No. 158/2013/ND-CP on penalties for administrative violations against regulations on culture, sports, tourism, and advertising
Pursuant to the Law on Government organization dated June 19, 2015;
Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government promulgates a Decree on amendments to the Government's Decree No. 131/2013/ND-CP dated October 16, 2013 on penalties for administrative violations against copyrights and related rights and the Government's Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on culture, sports, tourism, and advertisement.
Article 1. To amend the Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government on penalties for administrative violations against copyrights and related rights
1. To amend the Clause 2 Article 16 as follows:
“2. Remedial measures:
a) Enforced re-export of material evidence in case of the violation specified in Clause 1 of this Article. In case of failure to enforce re-export of material evidence, the enforced destruction of material evidence shall apply.”
2. To amend Clause 4 Article 20 as follows:
“4. Remedial measures:
a) Enforced destruction of material evidence in case of violation specified in Clause 2 of this Article;
b) Enforced re-export of material evidence in case of the act of import specified in Clause 3 of this Article. In case of failure to enforce re-export of material evidence, the enforced destruction of material evidence shall apply.”
3. To amend Clause 6 Article 35 as follows:
“6. Remedial measures:
a) Enforced destruction of material evidence in case of violation specified in Clause 2 and Clause 5 of this Article;
b) Enforced re-export of material evidence in case of the act of import specified in Clause 3 and Clause 4 of this Article. In case of failure to enforce re-export of material evidence, the enforced destruction of material evidence shall apply.”
4. To amend Article 38 as follows:
“Article 38. The power to impose penalties for administrative violations of Inspectorate
1. Inspectors and persons authorized to perform specialized inspection tasks on their duties are entitled to:
a) Impose a fine of up to VND 500.000;
b) Confiscate exhibits of administrative violations whose value does not exceed the fine specified in point a of this Clause;
c) Enforce remedial measures specified in point dd Clause 1 Article 28 of the Law on Actions against administrative violations.
2. The Chief Inspectors at Department level, chiefs of specialized inspectorate teams at Department level, the Chief Inspector of Aviation Department, the Chief Inspector of Maritime Administration are entitled to:
a) Impose a fine of up to VND 50.000.000;
b) Suspend violators’ practice certificates with a defined term;
c) Confiscate exhibits of administrative violations whose value does not exceed the fine specified in point a of this Clause;

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SAME CATEGORY

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Administrative violation , Finance - Banking

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