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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 88-CP | Hanoi, December 14, 1995 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on the Press of December 28, 1989;
Pursuant to the Law on Publication of July 7, 1993;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
Pursuant to the Regulation on the circulation of and business activities in films, video tapes and discs, music tapes and discs; sale and renting of printed matters; cultural activities and cultural services in public places; advertisements, writing and setting up of signboards; and the Prescriptions of urgent measures to fight against a number of serious social evils issued together with Decree No.87-CP of December 12, 1995;
At the proposal of the Minister of Justice, the Minister of Culture and Information, and the Minister of the Interior,
DECREES:
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All violations in cultural activities, cultural services, and in the prevention and fight against social evils must be promptly discovered and stopped forthwith. Fines must be imposed rapidly and fairly; all consequences of administrative violations must be dealt with in accordance with law.
Article 3.- Persons liable to sanctions for administrative violations.
The individuals and organizations that commit administrative violations in cultural activities, cultural services, and in the prevention and fight against a number of social evils shall be sanctioned in the form and to the extent stipulated in this Decree.
The heads of public offices and organizations, and the officials and public employees who commit violations as stipulated in this Decree shall, in addition to administrative sanctions, be disciplined in accordance with the provisions of law.
Article 4.- Application of sanctions and other measures.
1. When imposing fines, the specific sum set for an administrative violation is the average of the fine rates set for such violation; if a violation involves an alleviative element, then the fine may be reduced, but not to below the minimum of the fine rates; if a violation involves an aggravating element, the fine may be increased, but not to beyond the maximum of the fine rate.
The alleviative and aggravating elements shall be applied as stipulated in Article 7 and Article 8 of the Ordinance on the handling of administrative violations.
2. The supplementary forms of sanction and other measures must be applied in addition to the main form of fining if this Decree provides supplementary sanctions and the application of other measures for such administrative violations in order to thoroughly handle the violations and remove the causes and conditions for further violation and to overcome the consequences of the violation.
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The persons who are authorized to hand sanctions against administrative violations, but who cause troubles to other people, condone and protect those individuals and organizations that commit administrative violations, who refuse to sanction, or impose untimely and inappropriate sanctions, or impose sanctions beyond their powers, shall be disciplined or examined for criminal liability, depending on the character and seriousness of the violation; if they cause material damage, they must make compensations as stipulated by law.
ACTIVITIES THAT ARE CONSIDERED ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF FINE
Article 6.- Violating the stipulations on the reproduction of music tapes and discs.
1. Fine of from 200,000 VND to 500,000 VND for one of the following activities:
a/ Reproducing less than 20 copies of those music tapes and discs which are not yet allowed to be distributed;
b/ Reproducing music tapes and discs for trading without the written consent of the copyright owner.
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a/ Reproducing from 20 copies to under 100 copies of those music tapes and discs which are not yet allowed to be distributed;
b/ Transferring permits for the reproduction of music tapes and discs to other organizations and individuals, or using the permits of other organizations and individuals for the reproduction of music tapes and discs.
3. Fine of from 1,500,000 VND to 5,000,000 VND for one of the following activities:
a/ Reproducing from 100 copies or more of the music tapes and discs which are not yet allowed to be distributed;
b/ Reproducing music tapes and discs without permit.
4. Fine of from 5,000,000 VND to 15,000,000 VND for one of the following activities:
a/ Reproducing the music tapes and discs which have been banned from circulation or which have been ordered to be confiscated.
b/ Reproducing the music tapes and discs which have depraved contents, incite sex and violence, but not so serious as to warrant examination for criminal liability.
5. Additional sanctions and other measures against violations stipulated in this Article:
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Confiscating duplicating facilities in case of repeat of violations stipulated in Point (a), Item 1 and Point (a), Item 2; and violations stipulated in Items 3 and 4;
b) Confiscating and destroying music tapes and discs in case of violation stipulated in Point (b), Item 4;
c) Withdrawing the license for duplicating service in case of violation stipulated in Point (b), Item 2; and Item 4;
d) Forcible compensation for practical damage evaluated to less than 1,000,000 VND in case of violations stipulated in Point (b), Item 1; if the damage exceeds 1,000,000 VND, the compensation shall be made according to the regulations on civil proceedings.
Article 7.- Violating regulations on duplicating film and video tapes and discs.
1. Fine of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Duplicating less than 20 copies of film and video tapes and discs which are not yet permitted for distribution;
b) Duplicating film and video tapes and discs for commercial purpose without written consent from the copyright owner.
2. Fine of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
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b) Transferring a cinematic work which is not yet permitted for distribution from cellulose film onto video tape or disc;
c) Reassigning a license for duplicating films and video tapes and discs to another organization and individual or using the license for duplicating films and video tapes and discs of another organization.
3. Fine from 5,000,000 VND and 15,000,000 VND for one of the following acts:
a) Duplicating 100 copies or more of films and video tapes and discs which are not yet permitted for distribution;
b) Duplicating films and video tapes and discs without a license for duplicating service.
4. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Duplicating films and video tapes and discs which have been banned or recalled from distribution;
b) Duplicating films and video tapes and discs with pornographic content or which incite sex or violence but not so serious as to warrant examination for penal liability.
5. Additional sanctions and other measures against violations stipulated in this Article:
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Confiscating duplicating facilities in cases of repeat of violation stipulated in Point (a), Item 1 and Points (a) and (b), Item 2; Items 3 and 4;
b) Confiscating and destroying films and video tapes and discs in case of violations stipulated in Point (b), Item 4;
c) Withdrawal of license for duplicating service in case of violations stipulated in Point (c), Item 2; and Item 4;
d) Forcible compensation for practical damage of not more than 1,000,000 VND in case of violations stipulated in Point (b), Item 1; if the damage exceeds 1,000,000 VND, the compensation shall be made according to the regulations on civil proceedings.
1. Fine of from 200,000 VND to 500,000 VND for one of the following acts:
a) Selling or renting less than 20 video tapes without a label or with a false label;
b) Selling or renting films, video tapes and discs and music tapes and discs at a place not specified in the license.
2. Fine from 500,000 VND to 1,500,000 VND for one of the following acts:
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b) Selling or renting films, video tapes and discs and music tapes and discs which are not yet permitted for distribution;
c) Replacing content of tapes which have been labeled for commercial purpose;
d) Selling false video-tape labels;
e) Reassigning license for selling or renting films, video tapes and discs and music tapes and discs to another organization or individual or using the license of another organization or individual.
3. Fine of from 1,500,000 to 5,000,000 VND for an act of selling or renting 100 copies or more films and video tapes and discs without a label or with a false label.
4. Fine of from 5,000,000 VND to 10,000,000 VND for an act of selling or renting video tapes and discs and music tapes and discs without a business permit.
5. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Selling or renting films and video tapes and discs and music tapes and discs which have been banned or recalled from distribution;
b) Selling or renting films and video tapes and discs and music tapes and discs which have pornographic content or incite sex or violence but which are not so serious as to warrant examination for penal liability.
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a) Confiscating films and video tapes and discs and music tapes and discs in case of violations stipulated in Point (a), Item 1; Points (a), (b) and (c), Item 2; Item 3; Item 4 in case of repeat violation; and Point (a), Item 5;
b) Confiscating and destroying false video-tape labels, films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (d), Item 2; and Point (b), Item 5;
c) Withdrawal of license for up to three months in case of violations stipulated in Point (b), Item 1;
Withdrawal of license in case of violations stipulated in Point (e), Item 2; Item 5.
1. Fine of from 2,000,000 VND to 5,000,000 VND for an act of mixing or adding sounds of depraved, pornographic or violence-inciting nature into music tapes and discs which have been permitted for distribution.
2. Fine of from 30,000,000 VND to 50,000,000 VND for an act of mixing or adding sounds and pictures of depraved, pornographic, or violence-inciting nature into films and video tapes and discs which have been permitted for distribution.
3. Additional sanctions and other measures against violations stipulated in this Article:
Confiscating facilities and confiscating and destroying music tapes and discs, films and video tapes and discs in case of violations stipulated in Items 1 and 2;
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1. Fine of from 200,000 VND to 500,000 VND for one of the following acts:
a) Showing video tapes and discs without a label in a public place;
b) Playing in a public place music tapes and discs which are not yet permitted for distribution.
2. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
a) Showing films and video tapes and discs which are not yet permitted to be distributed in a public place;
b) Reassigning license for business in showing films and video tapes and discs to another organization or individual or using the license of another organization or individual.
3. Fine of from 1,500,000 to 5,000,000 VND for an act of showing films and video tapes and discs for business purposes without business permit.
4. Fine of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Playing music tapes or discs which have been banned or recalled from distribution at a public place;
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5. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Selling or renting films and video tapes and discs and music tapes and discs which have been banned or recalled from distribution;
b) Selling or renting films and video tapes and discs and music tapes and discs which have pornographic content or incite sex or violence but which are not so serious as to warrant examination for penal liability.
6. Additional sanctions and other measures against acts of violation stipulated in this Article:
a) Confiscating films and video tapes and discs and music tapes and discs in case of violations stipulated in Item 1; Point (a), Item 2; Point (a); Item 4; and Point (a), Item 5;
b) Confiscating and destroying films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (d), Item 4; and Point (b), Item 5;
c) Confiscating the films, tapes or discs in case of violations stipulated in Item 4 and Item 5.
d) Withdrawal of license in case of violations stipulated in Point (b), Item 2; Item 4 and Item 5.
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a) Selling books, newspapers, pictures, photographs and/or calendars, or renting books and/or newspapers, the publication of which is not permitted or accepted in plan;
b) Selling or renting books the contents of which have been replaced.
2. Fine of from 1,500,000 VND to 5,000,000 VND for one of the following acts:
a) Assigning permit for business in newspaper and publication distribution service to other organizations and individuals or using permits of other organizations and individuals to do business in the publication and distribution of newspapers and other printed matters.
b) Operating not in line with the content of permit business and services in newspapers and printed matters.
c) Doctoring the permit for business and services in distribution of newspapers and printed matters.
d) Selling books, newspapers, pictures, photographs and/or calendars, or renting books and/or newspapers, without a business permit.
3. Fine of from 10,000,000 VND to 30,000,000 VND for one of the following acts:
a) Selling books, newspapers, pictures, photographs and/or calendars, or renting books and/or newspapers which are banned and recalled from distribution;
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4. Additional sanctions and other measures against violations stipulated in this Article:
a) Confiscating books, newspapers, pictures, photographs and calendars in case of violations stipulated in Item 1; and Point (a), Item 3;
b) Confiscating and destroying books, newspapers, pictures, photographs and calendars in case of violations stipulated in Point (b), Item 3;
c) Revocation of business permit for business and services in newspapers and printed matters in case of violations stipulated in Points (a) and (c), Item 2; and Item 3;
Revocation of permit for business and services in newspapers and printed matters up to three months for cases of repeat violations stipulated in Point (b), Item 2.
1. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
a) Making false declaration of or hiding films, video tapes and discs, music tapes and discs, books, newspapers, pictures, photographs and calendars during customs procedures for import and export of cultural items;
b) Exporting and importing films, video tapes and discs, music tapes and discs, books, newspapers, pictures, photographs and calendars in excess of the quantity specified in the permit.
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3. Fine of from 5,000,000 VND to 15,000,000 VND for one of the following acts:
a) Exporting or importing films, video tapes and discs, music tapes and discs, books, newspapers, pictures, photographs and calendars for commercial purpose without a permit for business in export and import.
b) Exporting or importing of less than 10 copies films, video tapes and discs, music tapes and discs, books, newspapers, pictures, photographs and calendars which are banned from import and export.
c) Exporting or importing of less than 10 copies music tapes and discs, books, newspapers, pictures, photographs and/or calendars which have depraved contents and which incite sex and/or violence.
4. Fine of from 20,000,000 VND to 50,000,000 VND for one of the following acts:
a) Exporting or importing video tapes and discs which are banned from export and import;
b) Exporting or importing of more than 10 copies music tapes and discs, books, newspapers, pictures, photographs and/or calendars which are banned from export and import.
c) Exporting or importing films and video tapes and discs which have depraved contents and/or which incite sex and violence but not so serious as to warrant examination for penal liability.
d) Exporting or importing more than 10 copies of music tapes and discs , books, newspapers, pictures, photographs and/or calendars which have depraved contents and/or which incite sex and/or violence, but not so serious as to warrant examination for penal liability.
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a) Confiscating the publications which are falsely declared or hidden, or exported or imported in quantities exceeding the allowed amount, not corresponding to the list, without a permit, or banned from import and export, in case of violations stipulated in Item 1; Item 2; and Points (a) and (b), Item 3; and Points (a) and (b), Item 4.
b) Confiscating and destroying the publications in case of violations stipulated in Point (c), Item 3; and Points (c) and (d), Item 4.
1. Fine of from 50,000 VND to 150,000 VND for one of the following acts:
a) Organizing cultural activities and services in public places between 24:00 hours and 5:00 hours, except for cases stipulated in Point (a), Item 2, Article 15, of this Decree;
b) Organizing art performances, music shows, dancing, film shows, shows of video tapes and discs or karaoke singing which cause noise above the allowed level;
c) Getting drunk in a ballroom, public dancing place, karaoke bar or in other public places for cultural activities and services.
2. Fine of from 150,000 to 500,000 VND for acts which employ servicing modes of a sex-appeal in the dancing halls, karaoke bars and other public places for cultural activities and services.
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1. Fine of from 200,000 VND to 500,000 VND for acts of underlit dancing halls and public dancing places, and karaoke bars.
2. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
a) Not providing adequate area for ballrooms, public dancing places and karaoke bars as required;
b) Not installing glass panes or installing glass panes which do not allow full view of the karaoke bars from outside;
c) Hanging or displaying pictures, photographs and/or calendars which have depraved contents and/or which incite sex and/or violence at the dancing halls, public dancing places, karaoke places or other public places for cultural activities and services.
3. Additional sanctions and other measures against violations stipulated in this Article:
Confiscating and destroying pictures, photographs, calendars and/or other facilities in case of violations stipulated in Point (c), Item 2.
Article 15.- Violating regulations on operation of dancing halls and karaoke bars.
1. Fine of from 200,000 VND to 500,000 VND for one of the following acts:
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b) Renting or leasing location for use as dancing hall, public dancing place or karaoke bar without supervision, thus leading to prostitution, drug abuse and gambling;
c) Employing women dancer without registering with the competent public security authority.
2. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
a) Operating dancing halls and karaoke bars beyond of the allowed time;
b) Playing films, video tapes and discs and music tapes and discs, or performing theatrical plays, music or dances which are not allowed for performance in dancing halls, public dancing places and karaoke bars;
c) Turning off the light at dancing halls, public dancing places and karaoke bars during operation.
3. Fine of from 1,500,000 VND to 5,000,000 VND for one of the following acts:
a) Operating a dancing hall and karaoke bar not in line with the provisions specified in the permit;
b) Assigning permits to other organizations and individuals or using the permits of other organizations and individuals to do business in dancing halls and karaoke bars;
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4. Fine of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Operating a dancing hall and/or a karaoke bar without permit;
b) Playing music tapes and discs which are banned or recalled from distribution in a dancing hall, public dancing place and/or a karaoke bar.
c) Playing music tapes and discs which have depraved content and/or which incite sex and/or violence in dancing halls, public dancing places and/or karaoke bars.
5. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Screening films and/or video tapes and discs and/or performing stage, music and dancing pieces which are banned or recalled from distribution at a dancing hall, public dancing place and/or karaoke;
b) Screening films, video tapes and discs and/or performing theatrical plays, music and dances which have depraved content and which incite sex and/or violence at a dancing hall, public dancing place and/or karaoke.
6. Additional sanctions and other measures against violations stipulated in this Article:
a) Confiscating films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (b), Item 2, Point (b) Item 4, and Item 5;
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c) Withdrawal of license in case of violations stipulated in Point (b), Item 3; Points (b) and (c), Item 4; and Item 5.
Revocation of business permit for up to 6 months of the performers who commit violations stipulated in Item 5.
Revocation of license for up to 3 months in case of repeated violations stipulated in Point (a), Item 3.
Article 16.- Violating regulations on art and music performances in public places.
1. Fine of from 50,000 VND to 150,000 VND for acts of allowing children under 16 years of age into movie theaters or video studios where a program on show is prohibited from children under 16.
2. Fine of from 150,000 VND to 500,000 VND for one of the following acts:
a) Renting or leasing location for use in cultural and art activities, and allowing prostitution, opium smoking, drug injection and gambling;
b) Issuing tickets in excess of the number of seats or the accommodating capacity of the place where art-cultural activities are held.
3. Fine of from 500,000 VND to 1,500,000 VND for the act of organizing performance by a foreign ensemble or troupe or individuals in a public place without a permit issued by the competent state authority for management of culture and information.
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5. Fine of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Circulating music tapes and discs which are banned or recalled from distribution at the place of cultural and art activities.
b) Circulating music tapes and discs which have depraved content and/or which incite sex and/or violence at the place of cultural and art activities.
6. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Circulating films, video tapes and discs or performing theatrical plays, music and dances which are banned or recalled from distribution at the place of cultural and art activities.
b) Circulating films, video tapes and discs or performing stage, music and dancing pieces which have depraved content and/or which incite sex and/or violence at the place of cultural and art activities.
7. Additional sanctions and other measures against violations stipulated in this Article:
a) Confiscating films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (a), Item 5; and Point (a), Item 6;
b) Confiscating and destroying films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (b), Item 5; and Point (b), Item 6;
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d) Revocation of business permit for up to 66 months of the performers who commit violations stipulated in Item 6.
Fine of from 5,000,000 VND to 10,000,000 VND for acts of condoning and/or covering up depraved and pornographic activities drug abuse, violence-inciting arts or gambling or betting in cash or kind, but which are not so serious as to warrant examination for penal liability, in dancing halls, public dancing places, karaoke bars or place of cultural and art activities.
Section 3. VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON SOCIAL EVILS, AND THEIR SANCTIONS
Article 18.- Sanctioning acts of selling sex, buying sex, accommodating and procuring prostitution.
1. The person who commits acts of selling or buying sex shall be sanctioned in accordance with the provision of Article 4 of Decree No 53-CP of June 28, 1994, of the Government.
For a person who commits acts of selling or buying sex not on a regular basis, the President of the People's Committee at communal level in the place where the person resides shall consider and decide on the educational measure to be applied to that person in the commune or ward or township.
2. For a person who commits on a regular basis acts of selling or buying sex and who has been subject to repeated educational measures taken by the local administration and people without showing repentance, the President of the People's Committee at communal level in the place where the person resides shall send a dossier to the President of the People's Committee of the district level to propose to the President of the People's Committee of the provincial level to send that person to a treatment center; if the person is a juvenile, he/she shall be sent to an reformatory boarding school.
3. The procedure to apply educational measures to an offender at commune or ward or township, or to send him/her to a boarding reform school or treatment center, shall be done in accordance with the provisions of law on sanctioning administrative violations.
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5. Fine of from 1,500,000 VND to 5,000,000 VND for acts of procuring prostitution which are regular but which are not so serious as to warrant examination for penal liability.
6. Fine of from 30,000,000 VND to 50,000,000 VND for acts of accommodating prostitution which is not so serious as to warrant examination for penal liability.
Article 19.- Sanctioning acts of consuming, producing, stockpiling, trading and transporting drug.
1. A person who commits acts of consuming drug in any form shall be sanctioned in accordance with the provision of Items 1 and 2, Article 5, of Decree No 53-CP of June 28, 1994, of the Government.
For a person who consumes drug, but is not yet an addict, the President of the People's Committee at communal level in the place where the person resides shall consider and decide educational measures to be taken at the commune or ward or township.
2. For the drug addict who has been repeatedly educated by the local administration and people without showing repentance, the President of the People's Committee of the commune where the person resides shall send a dossier to the President of the People's Committee of the district level to propose to the President of the provincial level to send him/her to a treatment center; if the person is a juvenile, he/she shall be sent to a reformatory.
3. The procedure to apply educational measures to an offender at commune or ward or township, or to send him/her to a reformatory or treatment center shall be done in accordance with the provisions of law on sanctioning of administrative violations.
4. The unauthorized producer, stockpiler, trader or transporter of narcotics whose act is not so serious as to warrant examination for penal liability shall be sanctioned in accordance with the provision of Item 3, Article 5, of Decree No 53-CP of June 28, 1994, of the Government
5. Additional sanctions and other measures against violations stipulated in this Article:
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Article 20.- Sanctioning acts of gambling and organizing gambling.
1. Fine of from 200,000 VND to 500,000 VND for acts of buying individual gambling numbers and/or whole sheet of gambling numbers based on the State lottery.
2. Fine of from 500,000 VND to 1,500,000 VND for one of the following gambling acts which are not so serious as to warrant examination for penal liability:
a) Gambling in any form: fantan and all types of card games, presetting a disposition in an oriental chess game or betting in cash or in kind;
b) Gambling on machine, electronic game or in other forms of betting;
c) Placing bets in any forms in sports games, entertainment and other activities;
d) Selling lucky-number verses or booking numbers for commissions.
3. Fine of from 1,000,000 VND to 2,000,000 VND for one of the following acts, which are not so serious as to warrant examination for penal liability:
a) Taking deposits, mortgages and providing loans at casinos and other gambling places;
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c) Writing lucky-number verses.
4. Fine of from 3,000,000 VND to 10,000,000 VND for one of the following acts of organizing gambling which are not so serious as to warrant examination for penal liability:
a) Inducing, persuading and rallying other people to gamble;
b) Using one's own house or other places to host or accommodate gambling;
c) Installing gambling machines or using electronic games or organizing any other form of betting to gamble;
d) Organizing betting for money.
5. Fine of from 20,000,000 VND to 50,000,000 VND for one of the acts of organizing number drawings in the following forms at communes, wards, townships, districts, provincial towns and cities, which are not so serious as to warrant examination for penal liability:
a) Hosting number gambling based on State lottery.
b) Organizing production and distribution of number sheets for gambling and other publications for number gambling;
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6. Organizers of number drawings on inter-district scale in districts, provincial towns and cities, or on inter-provincial scale, or in large quantities, or who have been sanctioned administratively but continue the violation, shall be examined for penal liability in accordance with Article 200 of the Penal Code.
7. Additional sanctions and other measures against violations stipulated in this Article:
a) Confiscating the money generated by, and the material evidence and instruments employed, in the violation in cases stipulated in Item 2; Point (a), Item 3; Points (c) and (d), Item 4; and Item 5;
b) Confiscating and destroying lucky-number verses stipulated in Point (c), Item 3.
Article 21.- Violating regulations on prevention and combat against social vices in massage service.
1. Fine of from 200,000 VND to 500,000 VND for one of the following acts:
a) Leasing or lending license or certificate of massage technique or physico-therapy;
b) Doing business in massage without a license or certificate of massage technique or physico-therapy or with a license or certificate borrowed from other people.
2) Fine of from 500,000 VND to 1,000,000 VND for the act of employing people not licensed to perform massage or physico-therapy in massage service.
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4. Fine of from 5,000,000 VND to 10,000,000 VND for the act of organizing massage service without a certificate of qualification to perform massage and physico-therapy.
5. Additional fines and other measures for the violations stipulated in this Article:
Revocation of license or certificate of massage technique or physico-therapy and the certificate of qualification to perform massage and physico-therapy in case of violations stipulated in Items 1 and 3.
Article 22.- Violating regulations on prevention and combat against social vices in operating inns and restaurants.
1. Fine of from 200,000 VND to 500,000 VND for one of the following acts:
a) Not numbering the rooms in the temporary lodge and/or restaurant as described in the registration;
b) Hanging or displaying pictures and/or photographs of pornographic, sex and/or violence-inciting nature in the temporary lodge and/or restaurant;
c) Not registering the residence of;
d) Not registering the temporary stay of visitors in the dormitory;
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f) Using translucent lamp or not providing adequate lighting as required at the dining room, refreshment bar, game room and/or recreation room of the temporary lodge and/or restaurant while in service;
g) Employing sex-appeal reception modes at the temporary lodge and/or restaurant;
h) Not registering waiters and waitresses and staffs with the competent public security authority;
2. Fine of from 2,000,000 VND to 5,000,000 VND for employing waiters and waitresses and staffs at the temporary lodge and/or restaurant without signing labor contracts with them.
3. Fine of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Playing music tapes and discs which are banned or recalled from distribution at the dormitory and/or restaurant.
b) Circulating music tapes and discs which have depraved content and/or which incite sex and/or violence at the temporary lodge and/or restaurant;
4. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Screening films and/or video tapes and discs and/or performing theatrical plays, music and/or dances with depraved or pornographic or violence-inciting contents at the temporary lodges or restaurants.
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5. Additional fines and other measures for the violations stipulated in this Article:
a) Confiscating films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (a), Item 3; and Point (a), Item 4;
b) Confiscating and destroying pictures, photographs, films, video tapes and discs and music tapes and discs in case of violations stipulated in Point (b), Item 1; Point (b), Item 3; and Point (b), Item 4;
c) Revocation of license for case of violations of the provisions of Items 3 and 4.
Revocation of business permit for up to 6 months for the performer who violates the provisions of Item 4.
6. For a State-owned temporary lodge and/or restaurant which commits violation, apart from the monetary fine and confiscation of the material evidences, the head of the lodge and/or restaurant shall be subject to discipline as provided by law.
Article 23.- Condoning, covering up, inducing and accomodating social evils.
1. Fine of from 5,000,000 VND to 10,000,000 VND for the director of a hotel, and the owner of a hotel, guest house, restaurant, inn, rest house and/or massage business, who covers up or, out of irresponsibility, allow acts of prostitution, drug abuse and/or gambling to take place in the business unit under their management
Apart from the said monetary fine, the offending establishment has his/her business permit revoked in case the offender is a State employee, he/she shall be subject to disciplinary measure.
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3. The director of a hotel, and the owner of a hotel, guest house, restaurant, inn, rest house and/or massage business, and any other person who organizes or accommodates gambling, accommodates prostitution, induces or procures sex sellers, or organizes drug abuse in any form other than described in Items 4, 5 and 6, Article 18; Items 2, 3, 4 and 5, Article 20, of this Decree, shall be examined for penal liability in accordance with Articles 200, 202 and 203 of the Penal Code; in case of inducing or accommodating under-age people for prostitution, drug abuse and/or gambling, penal liability as provided for by Article 148 of the Penal Code shall apply.
Article 24.- Violating regulations on procedures of applying permit for advertisement.
1. A warning or a monetary fine up to 20,000 VND for each advertisement in form of poster, leaflet or brochure without permit.
2. Fine of from 100,000 VND to 300,000 VND for one of the following acts:
a) Advertising on banderols without permit;
b) Accepting to draw and design advertisement sign boards and/or panels for customers who have not got permit for such ads.
3. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
a) Failing to write the registration number and expiry date of the permit or the name of the owner of the advertising business on the signboard or billboard;
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4. Fine of from 1,500,000 VND to 5,000,000 VND for one of the following acts:
a) Advertising pharmaceutical materials and/or products, cosmetics, medical instruments and/or healthcare activities without approval by the authorized health agency;
b) Advertising on signboard or billboard beyond the expiry date specified in the permit;
c) Advertising on printed matters or transport means without permit.
5. Fine of from 3,000,000 VND to 10,000,000 VND for the act of assigning business permit in advertising service, license for advertisement to another organization or individual, or using the license of another organization or individual to operate an advertising service or carry out advertisement.
6. Fine of from 5,000,000 VND to 15,000,000 VND for one of the following acts:
a) Operating an advertisement business without permit;
b) Operating an advertisement business in cooperation with a foreign individual or organization without a contract on business cooperation;
c) Advertising without permit at a place for cultural and art activities;
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7. Fine of from 30,000,000 VND to 50,000,000 VND for foreign individuals and organizations that conduct advertisement business in Vietnam, or put up advertisements without signing contracts with Vietnamese advertisers.
8. Additional fines and other measures for the violations stipulated in this Article:
a) Revocation of permit in case of violations stipulated in Item 5;
b) Forcible removal of advertisement banderols, posters, leaflets, brochures or sign boards for cases of violation of the provisions of Item 1; Point (a), Item 2; Points (b) and (c), Item 4; Point (d), Item 6; and Item 7.
Article 25.- Violating regulations on forms and modes of advertisement.
1. A warning or a monetary fine up to 50,000 VND for the use of sound in excess of the allowed volume for advertisement from 23:00 hours to 5:00 hours.
2. Fine of from 300,000 VND to 1,000,000 VND for the act of advertising on sign board or billboard which has a similar shape and/or color and/or a design as traffic sign or a public sign.
3. Fine of from 1,000,000 VND to 2,000,000 VND for each exceeding square meter, each exceeding appearance, each exceeding day, or each exceeding one percent regarding one of the following acts:
a) Advertising on signboard or billboard in excess of the area (in square meters) specified in the license;
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c) Advertising in the print press or on radio or over the television in excess of the number of days allowed for each campaign;
d) Advertising in print press in excess of the allowed area (in percentage).
4. Fine of from 2,000,000 VND to 5,000,000 VND for one of the following acts:
a) Modifying the shape of the signboard or billboard from the model specified in the license;
b) Advertising without specifying clearly the name and type of goods or product or operation licensed for advertising, but specifying only the brandname and its manufacturer in a general manner;
c) Advertising in the print press over the radio or on the television in violation of the provision on minimum interval (5 days) between two advertising campaigns.
5. Fine of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Advertising on the frontpage of a daily, weekly or monthly newspaper, or on the front cover of a magazine or its sepecial or supplementary issue;
b) Doing business in goods which is used to advertise for goods or products which are banned from advertising.
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6. Fine of from 30,000,000 VND to 50,000,000 VND for the act of producing goods which bears advertisement for goods or product which is banned from advertising.
7. Fine of from 40,000,000 VND to 50,000,000 VND for the act of using the National Flag, National Anthem, National Emblem, portraits of Leaders, Party Flag and The International as background for advertisement.
8. Additional fines and other measures for the violations stipulated in this Article:
a) Confiscating the goods in case of violations stipulated in Point (b), Item 5; and Item 6;
b) Forcible removal of the signboard and/or billboard in case of violations stipulated in Item 2; Point (a), Item 3; Points (a) and (b), Item 4 and Item 7.
Article 26.- Violating regulations on locations, positions and scopes of advertisements.
1. A warning or a monetary fine up to 10,000 VND for each advertisement poster, leaflet or brochure placed not in the location specified in the license.
2. Fine of from 50,000 VND to 150,000 VND for an advertisement banderol placed not in the location specified in the license.
3. Fine of from 300,000 VND to 1,000,000 VND for one of the following acts:
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b) Hanging, erecting or putting up advertisement sign boards or billboards within the protection area of a traffic project, thus affecting traffic order and security.
4. Fine of from 2,000,000 VND to 5,000,000 VND for the act of putting up advertisement at a location banned from use for advertisement.
5. Fine of from 5,000,000 VND to 10,000,000 VND for the act of doing advertisement business beyond the scope and area specified in the license.
6. Additional fines and other measures against the violations stipulated in this Article:
a) Revocation of the business permit for advertising service in case of repeat of violations stipulated in Item 5;
b) Forcible removal of the banderol, poster, leaflet and/or bochure, or sign board or billboard in case of violations stipulated in Items 1, 2, 3 and 4.
Article 27.- Violating regulations on the contents of advertisement.
1. Fine of from 200,000 VND to 500,000 VND for using pictures, photographs, posters, leaflets, brochures, umbrellas, carts, boxes to advertise goods and/or products which are banned from advertising.
2. Fine of from 500,000 VND to 1,500,000 VND for one of the following acts:
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b) Advertising goods and/or products which are banned from advertisement on signboards;
c) Advertising the contents of newspapers, publications or art works which are not licensed for publishing or distribution or public presentation or performance.
3. Fine of from 5,000,000 VND to 10,000,000 VND for modifying the content of the signboard or billboard which has been approved as specified in the license.
4. Fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Advertising falsely about the goods or product and its quality as registered;
b) Advertising contents which are detriemental to the prestige and quality of other organizations and individuals.
5. Fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Advertising goods and/or products in the categories banned from advertisement on sign boards and billboards, on transport means or in places of public cultural activities.
b) Advertising goods and/or products in the categories banned from advertisement over the radio and on the television and/or on printed matters, video tapes and discs and/or music tapes and discs.
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a) Confiscating the goods and products in case of violations stipulated in Item 1, and Point (a), Item 2;
b) Forcible removal of advertisement signboards and billboards in case of violations stipulated in Point (b), Item 2; Items 3 and 4; and Point (a), Item 5;
c) Forcible compensation for actual damage not exceeding 1,000,000 VND in total value for violations of the provision of Point (b), Item 4; if the damage exceeds 1,000,000 VND, the compensation shall be handled according to the regulations on civil proceedings.
Article 28.- Violating regulations on writing and putting up sign boards.
1. Fine of from 50,000 VND to 150,000 VND for one of the following acts:
a) Hanging or putting up the signboard not related to the office of the agency, organization, hotel, restaurant or shop which owns it;
b) Writing not in full or abbreviating the name in Vietnamese on the sign board;
2. Fine of from 150,000 VND to 500,000 VND for one of the following acts:
a) Not writing in full the content as required on the signboard;
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c) Featuring the name and its spelling in foreign language on the sign board in a color and/or lighting brighter than the name and its spelling in Vietnamese;
d) Hanging signboards of economic organizations, the abbreviated names, international transaction names and names in foreign languages of which are displayed above or of larger size than the Vietnamese name;
e) Hanging signboards bearing advertisement contents.
3. Additional fines and other measures for the violations stipulated in this Article:
Forcible removal of signboards in case of violations stipulated in Point (a), Item 1; and Item 2.
JURISDICTION AND PROCEDURE FOR SANCTIONING VIOLATIONS OF ADMINISTRATIVE REGULATIONS
The Presidents of the People's Committee at different levels have the powers, within their jurisdiction as specified in Articles 26, 27 and 28 of the Ordinance on the Handling of Violations of Administrative Regulations, to sanction the violations of administrative regulations in the areas under their management with regard to the violations stipulated in this Decree.
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The specialized inspectors for cultural and information affairs have the power to administer sanctions in accordance with the jurisdiction specified in Article 34 of the Ordinance on the Handling of Violations of Administrative Regulations concerning cultural activities and service specified in this Decree.
Article 31.- The jurisdiction in sanctioning violations of administrative regulations of the Police.
The People's Police has the power, within their jurisdiction as provided for in Article 29 of the Ordinance on the Handling of Violations of Administrative Regulations, to sanction social evils and acts of violation in cultural activities and service which are related to social order and security within their jurisdiction as provided for in this Decree.
The market management body has the power within their jurisdiction as provided for in Article 33 of the Ordinance on the Handling of Violations of Administrative Regulations, to sanction acts of violation in the business of films, video tapes and discs, music tapes and discs, books, newspapers, pictures, photographs and calendars and in the operation of the temporary lodges and restaurants as stipulated by this Decree.
The frontier force and customs have the power within their jurisdictions as provided for in Articles 29 and 30 of the Ordinance on the Handling of Violations of Administrative Regulations to sanction acts of violation in the management of export and import of films, video tapes and discs, music tapes and discs, books, pictures, photographs and calendars as stipulated in this Decree.
The specialized inspection body of the medical service has the power within their jurisdiction as provided for in Article 34 of the Ordinance on the Handling of Violations of Administrative Regulations to sanction acts of violation in the business of massage, advertisement of pharmaceutical materials and products, cosmetics, medical appliances and health activities which are not approved by the competent health authority as provided for in this Decree.
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The specialized labor inspection body has the power within their jurisdiction as provided for in Article 34 of the Ordinance on the Handling of Violations of Administrative Regulations to sanction acts of violation in which the use of labor is not based on signed contracts as provided for in this Decree.
Article 36.- Collecting and handling fines
Individuals and organizations that commit violations of administrative regulations on cultural activities and services and on the prevention and combat against social evils and are fined shall pay the fines at the assigned places; in case they fail to pay the fines in a timely manner, enforcement measures shall be taken against them.
The fining authority is prohibited from collecting the fine on the spot.
In applying the form of confiscating the material evidences and instruments employed in the violation of administrative regulations on cultural activities and service and the prevention and combat against social evils, the competent fining authority shall comply strictly with the procedure provided for in Articles 51 and 52 of the Ordinance on the Handling of Violations of Administrative Regulations, and the following provisions:
a) With regard to material evidences from violations of administrative regulations which are films, video tapes and discs, music tapes and discs or publications which do not violate the regulations on contents and means of violation, the fining authority shall decide shall confiscate them and hand over to the financial authority of the same level and the latter to organize a pricing council (which shall include the compulsory presence of a representative of the cultural and information agency) and an auction.
b) With regard to material evidences from violations of administrative regulations which are video tapes without label or with false labels, films, video tapes and discs, music tapes and discs or publications which are not licensed for distribution, the fining authority shall issue a decision to confiscate and hand them over to the cultural and information authority of the same level to conduct evaluation; in case the films, video tapes and discs, music tapes and discs and publications are judged not at variance with the regulations on contents and eligible for distribution, they shall be handed over to the financial authority of the same level and the latter shall organize a pricing council and an auction as described in Point (a) of this Article; in case the films, video tapes and discs, music tapes and discs, and publications are judged to have contents which are depraved and/or which incite sex and/or violence, the cultural and information authority shall organize their destruction as provided for in Article 38 of this Decree.
c) With regard to films, video tapes and discs, music tapes and discs and publications which are banned or recalled from distribution, the deciding authority shall issue a decision to confiscate and hand them over to the cultural and information authority for handling in accordance with its jurisdiction.
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Article 38.- Destruction of material evidences of violations of administrative regulations.
1. With regard to material evidences which are films, video tapes and discs, music tapes and discs and publications which obviously contain contents which are depraved and/or which incite sex and/or violence, the fining authority shall issue a decision to destroy them according to his/her jurisdiction or to hand them over to the competent authority for destruction.
2. With regard to material evidences which are films, video tapes and discs, music tapes and discs, and publications whose contents show signs of depravity, pornography or violence inciting, the finding authority shall hand them over to the competent cultural and information authority to organize the expertise; if the expertise proves that they are depraved, pornographic or violence inciting the cultural and information authority shall organize their destruction.
In case the films, video tapes and discs, music tapes and discs and publications are judged to be not depraved or pornographic violence inciting they shall be handed over to the financial authority of the same level which shall organize a pricing council and an auction as provided for in Article 37 of this Decree.
3. In destroying films, video tapes and discs, music tapes and discs and publications with contents which are depraved, pornographic or violence inciting, the handling authority shall establish a settlement council with the participation of representatives of the cultural and information, public security and financial authorities and the People's Procurator of the same level; in case of necessity, representatives of the concerned agencies and organizations shall be invited as witnesses to the destruction.
The destruction shall be recorded in writing and shall be endorsed by the members of the settlement council.
4. The Ministry of Culture and Information shall provide detailed guidance regarding the destruction procedures stipulated in this Article.
Article 39.- Complaints and denunciations
1. All citizens have the right to denounce to the competent State authority the acts of violation of administrative regulations by organizations and individuals in cultural activities and services and in the prevention and combat against social evils stipulated in this Decree, or denounce the violations committed by competent authorities in the handling of violations of administrative regulations provided in this Decree.
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3. The procedures for complaint and denunciation and the jurisdiction for handling the complaint and denunciation of the violations of administrative regulations in cultural activities and service and the prevention and combat against social evils shall comply with the provision of Articles 87, 88 and 90 of the Ordinance on the Handling of Violations of Administrative Regulations.
Article 40.- This Decree is effective from February 1st, 1996.
The previous provisions which are contrary to this Decree are now annulled.
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- 1Decree of Government No. 56/2006/ND-CP, on sanctioning administrative violations in cultural and information activities
- 2Decree No. 38-CP of June 25, 1996, of the Government on administrative sanctions against violations of labor legislation
- 3Decree No. 87-CP of December 12, 1995, on strengthening the management of cultural activities and cultural services and promoting the fight against a number of serious social evils.
- 4Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations
- 5Decree of Government No.53-CP, providing for measures to handle state officials and employees and other persons convicted of acts related to prostitution, drug abuse, gambling and drunkenness.
- 6Law No. 29-LCT-HDNN of December 28, 1989, on press
Decree No. 88-CP of December 14, 1995, stipulating sanctions against administrative violations in cultural activities, cultural services, and in fighting and preventing a number of social evils.
- Số hiệu: 88-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 14/12/1995
- Nơi ban hành: Chính phủ
- Người ký: Võ Văn Kiệt
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra