Decree No. 128/2022/ND-CP dated 30 December 2022

THE GOVERNMENT OF VIETNAM
——- 		SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————-
No. 128/2022/ND-CP Hanoi, December 30, 2022

DECREE

AMENDMENT TO DECREE NO. 38/2021/ND-CP DATED MARCH 29, 2021 PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS INVOLVING CULTURAL AND ADVERTISING ACTIVITIES AMENDED BY DECREE NO. 129/2021/ND-CP DATED DECEMBER 30, 2021 OF THE GOVERNMENT ON AMENDMENTS TO SOME ARTICLES OF DECREES PROVIDING FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON TOURISM; SPORTS; COPYRIGHT AND RELATED RIGHTS; CULTURAL AND ADVERTISING ACTIVITIES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; the Law on amendment to the Law on Penalties for Administrative Violations dated November 13, 2020;

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

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

The Government promulgates Decree on amendment to Decree No. 38/2021/ND-CP dated March 29, 2021 prescribing penalties for administrative violations involving cultural and advertising activities amended by Decree No. 129/2021/ND-CP dated December 30, 2021 of the Government on amendments to some articles of Decrees providing for penalties for administrative violations against regulations on tourism; sports; copyright and related rights; cultural and advertising activities.

Article 1. Amendment to Decree No. 38/2021/ND-CP dated March 29, 2021 prescribing penalties for administrative violations involving cultural and advertising activities amended by Decree No. 129/2021/ND-CP dated December 30, 2021 of the Government on amendments to some articles of Decrees providing for penalties for administrative violations against regulations on tourism; sports; copyright and related rights; cultural and advertising activities

  1. Article 4 is amended as follows:
  2. a) Clause 10 is amended as follows:

“10. Mandated removal of infringement materials from films and items related to films; exhibitions; art galleries; photography exhibits; sculpture camps; advertising products;”

  1. b) Clause 16 is amended as follows:

“16. Mandated destruction of films, erasure of films, removal of films; mandated destruction of video recordings and audio recordings of performing arts;”

  1. c) Clause 17 is amended as follows:

“17. Mandated disclosure on mass media pertaining to revocation of titles and awards of performing arts shows; beauty contests, modeling contest; mandated cessation of film distribution;”

  1. d) Clause 18 is amended as follows:

“18. Mandated return of license to provide filming services with the use of backgrounds in Vietnam; film rating license; license to organize film festivals, specialized or thematic film festivals film awards, film competitions, film programs, and film weeks; written approval for competitions and festivals for performing arts; certificates of eligibility for provision of karaoke or discotheque services; permits to copy art works about cultural celebrities, national heroes or leaders; exhibition licenses; art exhibition permits; permits to build monuments and murals; permits for organizing sculpture camps; photography exhibition permits; certificates of eligibility for antique appraisal business; certificates of practicing of preservation, rehabilitation and restoration of monuments; certificates of eligibility for practicing of preservation, rehabilitation and restoration of monuments; establishment and operation certificates, establishment and operation licenses of foreign cultural institutions in Vietnam to the issuing authority.”

  1. dd) Clause 19 is added below Clause 18:

“19. Mandated submission of commitment to not violate Article 9 of the Law on Cinematography to competent authorities.”

  1. Clause 2 Article 5 is amended as follows:

“2. Fines mentioned under Chapter II and Chapter III hereof are imposed on individual offenders, except for cases under Clauses 2, 5, 6, and 7 Article 10; Clauses 4, 5, 6, and 7 Article 10 a; Point a Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d Clause 7 Article 14; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39, and 40 hereof which are imposed on organization offenders.”

  1. Article 5a and Article 5b are added below Article 5 as follows:

 “Article 5a. Implementation of administrative penalties and remedial measures

  1. The implementation of administrative penalties and remedial measures under this Decree shall conform to the Law on Penalties for Administrative Penalties and other elaborating documents.
  2. The case where the adopted remedial measure is mandated return of fabricated, falsified, or otherwise altered license, documents which change the contents or imitate information in the application for license issuance, proceed as follows:
  3. a) Competent individuals entitled to issue decision imposing administrative penalties, organization and individual offenders responsible for adopting remedial measure that is mandated return of fabricated, falsified, or otherwise altered license and documents which change the contents in accordance with Clauses 1, 2, 3, and 4 Article 65 of the Law on Penalties for Administrative Violations;
  4. b) Organization and individual offenders are responsible for submitting fabricated, falsified, or otherwise altered license and documents to issuing authorities in person or via post and providing receipts or proof of submission to competent individuals who issued decision on enforcement of remedial measure under this Clause;
  5. c) Competent individuals entitled to issue decision on enforcement of remedial measure according to this Clause must inform competent authorities and individuals that previously issued said license and documents.
  6. The case where the adopted remedial measure is mandated apology to organizations, individuals in writing, proceed as follows:
  7. a) Competent individuals entitled to issue decisions on penalties for administrative violations, organization and individual offenders responsible for adopting remedial measure of mandated apology to organization and individuals in writing shall conform to Clauses 1, 2, 3, and 4 Article 85 of the Law on Penalties for Administrative Violations;
  8. b) Organization and individual offenders are responsible for sending written apology to the recipients and individuals entitled to issue decisions on enforcement of remedial measure under this Clause.

Article 5b. Procedures for imposing penalties for violations simultaneously prescribed under the Criminal Code

When processing a violation for the purpose of imposing administrative penalties, the case where a violation that involves slander or libel as prescribed under Point a, dd, and e Clause 1 Article 6; art performances, competitions, or festivals that violate legal rights and benefits of organizations, individuals as prescribed under Point b Clause 5 Article 7 Article 11; organization of beauty contests or modeling contests that violates legal rights and benefits of other organizations, individuals as prescribed under Clause 6 Article 12; hanging or display of pictures, images, calendars, or other items portraying pornographic contents as prescribed under Clauses 2, 4, and 5 Article 16; display of work of fine arts, other works of arts that encourage violence or deviant lifestyle as prescribed under Point a, construction of artistic structures that encourage violence or deviant lifestyle as prescribed under Point d Clause 5 Article 17; Point a Clause 6 Article 18; Clauses 4, 5, 6, and 7 Article 31 and other violations according to this Decree has signs of criminal activities, competent individuals accepting the case must transfer the case file to competent authorities entitled to pursue criminal proceeding in order to initiate criminal prosecution in accordance with Clauses 1, 2, and 4 Article 62 of the Law on Penalties for Administrative Violations.

If competent authorities entitled to pursue criminal proceeding issue decision not to press criminal charges; decision to cancel decision on not filing criminal charges; decision on termination of investigation of criminal case; decision on termination of investigation against the suspect; decision on termination of investigation of criminal case against the suspect; decision on cancellation of decision on filing charges against the suspect, transfer the case file to competent individuals entitled to impose penalties for administrative violations according to Clause 3 Article 62 and Article 63 of the Law on Penalties for Administrative Violations for administrative penalties in accordance with this Decree.”

  1. Section 1 Chapter II is amended as follows:

 “Section 1

VIOLATIONS IN CINEMATOGRAPHY

Article 6. Violations of regulations on prohibited contents in cinematography activities

  1. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed on the following violations in cinematography activities, other than the production of movie in Vietnam implemented by foreign organizations and individuals met with the revocation of license to provide filming services with the use of backgrounds in Vietnam according to Point a Clause 6 Article 13 of the Law on Cinematography:
  2. a) Distorting national history, denying revolutionary achievements; insulting the nation, notables, and national heroes; inappropriately express or infringe the national sovereignty; slander and insult the reputation of agencies, organizations, and the honor and dignity of individuals;
  3. b) Disclosing personal secrets and other secrets as per the law, other than cases met with administrative penalties according to cybersecurity laws;
  4. c) Inciting violence or criminal behaviors by depicting detail implementation, graphics, sound, dialogues, scenes of brutal or cruel assaulting, torturing, or killing of another human being and other behaviors which violate human dignity, except for cases where such details are employed for the purpose of criticizing, denouncing crimes and injustice while highlighting justice, traditional and cultural value;
  5. d) Harming cultural value, benefits of the nation and the people of Vietnam; encouraging social vices; undermining culture and social moral;
  6. dd) Depicting images, sound, or dialogues that are pornographic, deviant, or incestuous in nature;
  7. e) Inciting or resisting the implementation of the Constitution and the law.
  8. Additional penalties:

Suspending all movie production activities in Vietnam; film distribution; film release; cinematography advertising and promotion for 1 to 3 months in regard to violations under Clause 1 of this Article.

  1. Remedial measures:
  2. a) Mandated correction of false information in regard to violation under Point a Clause 1 of this Article;
  3. b) Mandated apology to individuals in writing in regard to violation under Point b Clause 1 of this Article;
  4. c) Mandated destruction of films or erasure of films or removal of films from the internet or mandated removal of infringement materials from films and items related to films in regard to violations under Point c, d, dd, and e Clause 1 of this Article.

Article 7. Violations of regulations on prohibited acts in cinematography activities

  1. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed on failure to inform competent state authorities about film dissemination at public screening venues.
  2. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed on:
  3. a) Disseminating films via cinemas, television systems, and public screening venues without film rating license or broadcast decision;
  4. b) Disseminating films on the internet without rating or disclosing rating results as per the law;
  5. c) Changing or altering film contents and film rating results which has been issued with film rating license or broadcast decision;
  6. d) Distributing, disseminating films which are subject to decision on revocation of film rating license or broadcast decision.
  7. Remedial measures:
  8. a) Mandated removal of films from television in regard to distributing, disseminating films on television network without film rating license or broadcast decision mentioned under Point a Clause 2 of this Article;
  9. b) Mandated destruction of or erasure of films containing details under Points a, b, and i Clause 1 Article 9 of the Law on Cinematography in regard to distributing or disseminating films via cinemas or public screening venues without film rating license or broadcast decision mentioned under Point a Clause 2 of this Article;
  10. c) Mandated removal of films from the internet in regard to violation under Point b Clause 2 of this Article;
  11. d) Mandated restoration of original condition in regard to violation under Point c Clause 2 of hits Article;
  12. dd) Mandated return of revenues generated by violations under Clause 2 of this Article;

Article 8. Violation pertaining to film production

  1. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed on falsifying information in the application for license to provide filming services with the use of backgrounds in Vietnam.
  2. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed on:
  3. a) Altering or changing the contents of the license to provide filming services with the use of backgrounds in Vietnam;
  4. b) Failing to send commitment to not violate Article 9 of the Law on Cinematography to competent authorities when cooperating with foreign organizations and individuals in producing films or receiving donations from foreign organizations and individuals to produce films as per the law.
  5. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed on:
  6. a) Failing to use services provided by Vietnamese cinematographic facilities when producing films in Vietnam of foreign organizations and individuals;
  7. b) Failing to produce written service agreement or contract signed with Vietnamese cinematographic facilities when using film production services in Vietnam of foreign organizations and individuals;
  8. c) Failing to adhere to the license to provide filming services with the use of backgrounds in Vietnam.
  9. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed on:
  10. a) Failing to present the license to provide filming services with the use of backgrounds in Vietnam when using filming services with the use of backgrounds in Vietnam;
  11. b) Allowing other organizations and individuals to use the license to provide filming services with the use of backgrounds in Vietnam;
  12. c) Using license to provide filming services with the use of backgrounds in Vietnam of other organizations.
  13. Additional penalties:
  14. a) Confiscating films or film segments filmed in Vietnam in regard to violations under Point b and Point c Clause 3, Point a Clause 4 of this Article;
  15. b) Temporarily suspending the license to provide filming services with the use of backgrounds in Vietnam for 1 to 3 months in regard to violation under Point b Clause 4 of this Article;
  16. c) Confiscating the license to provide filming services with the use of backgrounds in Vietnam in regard to violation under Point c Clause 4 of this Article.
  17. 6. Remedial measures:
  18. a) Mandated return of license to provide filming services with the use of backgrounds in Vietnam to issuing authorities in regard to violation under Clause 1 if the license has been issued and in regard to violation under Point a Clause 2 of this Article;
  19. b) Mandated submission of commitment to not violate Article 9 of the Law on Cinematography to competent authorities in regard to violation under Point b Clause 2 of this Article;

Mandated submission of revenues generated by the violation under Point b Clause 4 of this Article if illegal revenues are generated.

Article 9. Violation of regulations pertaining to film distribution

  1. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed on managing and using imported films for purposes other than their intended purposes which are research, education, archive, and internal use.
  2. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed on failing to submit written commitment to not violate Article 9 of the Law on Cinematography to competent authorities as per the law when importing films.
  3. Additional penalties:

Film confiscation in regard to violation under Clause 1 of this Article.

  1. Remedial measures:
  2. a) Mandated return of revenues generated by violations under Clause 1 of this Article;
  3. b) Mandated submission of commitment to not violate Article 9 of the Law on Cinematography to competent authorities in regard to violation under Clause 2 of this Article.

Article 10. Violation of regulations pertaining to film dissemination

  1. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed on:
  2. a) Disseminating films during hours other than those regulated by cinemas and public screening venues other than on public transport;
  3. b) Failing to announce suspension of film dissemination publicly on mass media according to decisions of competent authorities.
  4. Fines for violation of obligations of cinematography facilities which disseminate films are as follows:
  5. a) A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed on failing to sell tickets at a discount or free of charge to the elderly, persons with disabilities, persons with meritorious services with the revolution, children, persons with extremely difficult conditions, and other individuals as per the law;
  6. b) A fine ranging from 40.000.000 VND to 60.000.000 VND shall be imposed on failing to ensure adequate conditions in order to disseminate films depending on methods of dissemination as per the law;
  7. c) A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to display film rating or disclaimer as per the law;
  8. d) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to cease film dissemination at written request of competent authorities.
  9. Fines for violation of regulations pertaining to rating license are as follows:
  10. a) A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed on falsifying information in the application for film rating license;
  11. b) A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed on altering the contents of film rating license;
  12. c) A fine ranging from 30.000.000 VND to 40.000.000 shall be imposed on failing to notify competent authorities in writing about change of film titles which does not change the film contents or film contents to which film rating license has been issued;
  13. d) A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed on failing to apply for reissuance of film rating license when film contents to which film rating license has been issue are changed as per the law.
  14. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed on the following violations pertaining to film dissemination at public screening venues:
  15. a) Failing to provide the list of screened films for local competent authorities where film dissemination service is registered;
  16. b) Failing to notify competent authorities of screening contents and programs as per the law;
  17. c) Failing to change screening time or scale at public screening venues at request of competent authorities;
  18. d) Disseminating films after issuing written notice pertaining to screening contents and programs where competent authorities issue a written rejection.
  19. Fines for violations pertaining to film dissemination in cinemas of cinematography facilities are as follows:
  20. a) A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed on failing to link data and produce reports on operation situations at request of competent authorities;
  21. b) A fine ranging from 40.000.000 VND to 60.000.000 VND shall be imposed on failing to sustain adequate screening sessions of Vietnamese films, time frames of Vietnamese films, duration and time frames of children films as per the law;
  22. c) A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to ensure proper audience according to film rating;
  23. d) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to meet national technical regulation on cinemas.
  24. Fines for violation pertaining to film dissemination on television network are as follows:
  25. a) A fine ranging from 40.000.000 VND to 60.000.000 VND shall be imposed on failing to sustain airtime percentage of Vietnamese films in comparison with foreign films, broadcast programming time of Vietnamese films, duration and broadcast programming time of children films on national television channels as per the law;
  26. b) A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to establish Film Appraisal and Rating Council of press authorities.
  27. Fines for violation pertaining to dissemination of films on the internet are as follows:
  28. a) A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed on failing to send the list of films to be disseminated and film rating service to the Ministry of Culture, Sports and Tourism prior to dissemination as per the law;
  29. b) A fine ranging from 40.000.000 VND to 60.000.000 VND shall be imposed on failing to designate contact points to receive and process request of competent authorities, complaints, feedback, and accusations of service users as per the law;
  30. c) A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to implement technical solutions and cooperate with competent authorities in removing and preventing violating films as per the law;
  31. d) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to satisfy any of the film rating conditions as per the law;
  32. dd) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to implement necessary technical solutions and provide guidance to enable parents or guardians of children to control, manage, allow children to watch films on the internet appropriate to the film rating, and allow users to report violating films as per the law;
  33. e) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to remove films violating Article 9 of the Law on Cinema and other relevant law provisions at written request of competent authorities;
  34. g) A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on failing to prevent access to violating films at request of competent authorities as per the law.
  35. Remedial measures:
  36. a) Mandated announcement of suspension of film dissemination on mass media in regard to violation under Point b Clause 1 of this Article;
  37. b) Mandated return of film rating license to issuing authorities in regard to violation under Point a if the license has been issued and in regard to violation under Point b Clause 3 of this Article;
  38. c) Mandated return of revenues generated by violation under Point a Clause 1, Point d Clause 4 of this Article;
  39. d) Mandated removal of films from the internet in regard to violation under Clause 7 of this Article.

Article 10a. Violation of regulations pertaining to legal deposit, film festivals, film award, film contests, film programs, and film weeks

  1. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed on:
  2. a) Failing to make legal deposit of films which have been issued with film rating license as per the law;
  3. b) Failing to unlock password to allow comparison and inspection at request of film rating license issuing authorities as per the law;
  4. c) Failing to ensure safety of films, script, and attachments in accordance with national technical regulations;
  5. d) Failing to provide copies, printing extracts of films for film owners and competent authorities as per the law.
  6. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed on falsifying information in application for film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks.
  7. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed on fabricating or altering the license to organize film festivals, specialized or thematic festivals, film awards, film contests, film programs, and film weeks.
  8. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed on failing to send plans or results of film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks to competent authorities as per the law.
  9. A fine ranging from 40.000.000 VND to 60.000.000 VND shall be imposed on organizing film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks that do not meet any of the conditions prescribed by Vietnamese agencies or organizations, except for cases where such Vietnamese agencies and organizations are central authorities, political organizations, socio-occupational organizations, People’s Committees of provinces.
  10. A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to adhere to the license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks.
  11. A fine ranging from 80.000.000 VND to 100.000.000 VND shall be imposed on:
  12. a) Failing to obtain license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks as per the law;
  13. b) Failing to acquire film rating license or broadcast decision for film submitted to film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks;
  14. c) Allowing other organizations and individuals to use the license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks;
  15. d) Using the license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks of other organizations and individuals.
  16. Additional penalties:
  17. a) Temporarily suspending the license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks for 1 to 3 months in regard to violation under Point c Clause 7 of this Article;
  18. b) Confiscating license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks in regard to violation under Point d Clause 7 of this Article.
  19. Remedial measures:
  20. a) Mandated return of license to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs, and film weeks to competent authorities in regard to violation under Clause 2 if the license has been issued and in regard to violation under Clause 3 of this Article;
  21. b) Mandated film destruction or erasure or removal of films containing details prescribed under Point a, b, and i Clause 1 Article 9 of the Law on Cinematography in regard to violation under Point b Clause 7 of this Article;
  22. c) Mandated submission of revenues generated by the violation under Point c Clause 7 of this Article if illegal revenues are generated.”
  23. Point dd Clause 4 Article 34 is added as follows:

“dd) Advertising films by trailers or information relating to the film before and during production, distribution, or dissemination in a way that violates Article 9 of the Law on Cinematography.”

Article 2. Annulment, replacement of phrases, Points, Clauses, Articles of Decree No. 38/2021/ND-CP and Decree No. 129/2021/ND-CP

  1. Annul Clause 11 Article 4 of Decree No. 38/2021/ND-CP; annul Clause 3 Article 4 of Decree No. 129/2021/ND-CP.
  2. Annul the following words and phrases
  3. a) Annul the word “phim” (film) under Clause 6, the phrase “giấy phép hợp tác, liên doanh sản xuất phim, cung cấp dịch vụ sản xuất phim” (permits for affiliation or partnership in film production or provision of film production services) under Clause 7 Article 4 of Decree No. 38/2021/ND-CP;
  4. b) Annul the phrase “điểm b khoản 5 Điều 9” (Point b Clause 5 Article 9) under Clause 4, the phrase “Điều 7; khoản 4, khoản 5 Điều 9” (Article 7; Clause 4, Clause 5 Article 9) under Clause 6 Article 71 of Decree No. 38/2021/ND-CP amended by Clause 24 Article 4 of Decree No. 129/2021/ND-CP;
  5. c) Annul the phrase “điểm b khoản 7 Điều 6” (Point b Clause 7 Article 6) under Clause 1 Article 5 of Decree No. 129/2021/ND-CP;
  6. d) Annul the phrase “hoặc bổ sung” (or adding) under Point b Clause 2 Article 11, Point c Clause 5 Article 15, Point b Clause 2 Article 17, Clause 2 Article 18, Clause 2 Article 19, Point b Clause 4 Article 20, Clause 2 Article 21, Clause 3 Article 22, Clause 2 Article 23, Point b Clause 3 Article 30 of Decree No. 38/2021/ND-CP, Point e Clause 10 Article 11 of Decree No. 38/2021/ND-CP amended by Clause 4 Article 4 of Decree No. 129/2021/ND-CP, Point c Clause 10 Article 15 of Decree No. 38/2021/ND-CP amended by Clause 4 Article 4 of Decree No. 129/2021/ND-CP, Point i Clause 7 Article 17 of Decree No. 38/2021/ND-CP amended by Clause 6 Article 4 of Decree No. 129/2021/ND-CP, Point h Clause 8 Article 18 of Decree No. 38/2021/ND-CP amended by Clause 7 Article 4 of Decree No. 129/2021/ND-CP, Point dd Clause 8 Article 19 of Decree No. 38/2021/ND-CP added by Clause 8 Article 4 of Decree No. 129/2021/ND-CP, Point c Clause 6 Article 22 of Decree No. 38/2021/ND-CP amended by Clause 10 Article 4 of Decree No. 129/2021/ND-CP, Point c Clause 7 Article 23 of Decree No. 38/2021/ND-CP amended by Clause 11 Article 4 of Decree No. 129/2021/ND-CP, Point b Clause 7 Article 30 of Decree No. 38/2021/ND-CP amended by Clause 12 Article 4 of Decree NO. 129/2021/ND-CP.
  7. Replace the following phrases
  8. a) Replace the phrase “điểm a khoản 4 Điều 6” (Point a Clause 4 Article 6) with the phrase “điểm a khoản 1 Điều 6” (Point a Clause 1 Article 6), the phrase “các điểm b, c và d khoản 5 Điều 17” (Points b, c, and d Clause 5 Article 17) with the phrase “điểm d khoản 5 Điều 17” (Point d Clause 5 Article 17) under Clause 2 Article 71 of Decree No. 38/2021/ND-CP amended by Clause 24 of Article 4 of Decree No. 129/2021/ND-CP;
  9. b) Replace the phrase “điểm b khoản 2 và khoản 5 Điều 8” (Point b Clause 2 and Clause 5 Article 8) with the phrase “Điều 6; khoản 2 Điều 7; điểm b khoản 1, khoản 3, khoản 6 và khoản 7 Điều 10” (Article 6; Clause 2 Article 7; Point b Clause 1, Clause 3, Clause 6, and Clause 7 Article 10) under Clause 8 Article 71 of Decree No. 38/2021/ND-CP amended by Clause 24 Article 4 of Decree No. 129/2021/ND-CP;
  10. c) Replace the phrase “khoản 4 Điều 8” (Clause 4 Article 8) with the phrase “điểm e khoản 1 Điều 6” (Point e Clause 1 Article 6) under Clause 13 Article 71 of Decree No. 38/2021/ND-CP amended by Clause 24 Article 4 of Decree No. 129/2021/ND-CP.
  11. Add the following phrases
  12. a) Add the phrase “bằng văn bản” (in writing) after the phrase “tổ chức, cá nhân” (organizations and individuals) under Clause 4 Article 4, Point b Clause 10 Article 11, Point d Clause 9 Article 12, Point d Clause 8 Article 18, Point b Clause 8 Article 34 of Decree No. 38/2021/ND-CP;
  13. b) Add the phrase “trong trường hợp tang vật vi phạm là văn hóa phẩm có nội dung độc hại” (in case the exhibits of violation are cultural products containing toxic materials) after the phrase “Điều này” (this Article under Point b Clause 7 Article 17, Point e Clause 8 Article 18, Point c Clause 8 Article 19 of Decree No. 38/2021/ND-CP.

Article 3. Responsibilities for organizing implementation

  1. Ministry of Culture, Sports and Tourism shall take charge and cooperate with relevant ministries and central departments in organizing implementation of this Decree.
  2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

Article 4. Implementation

  1. This Decree comes into force from February 15, 2023.
  2. Transition clauses
  3. a) With respect to administrative violations in cinematography that occur before the effective date hereof, are discovered after the effective date hereof, are not bound to legal liability by this Decree or are bound to less severe legal liability by this Decree, this Decree shall prevail;
  4. b) With respect to the case where decisions on administrative penalties have been promulgated or fully complied with before the effective date hereof and organizations or individuals met with the decisions on administrative penalties wish to file complaints, Decree No. 38/2021/ND-CP and Decree No. 129/2021/ND-CP shall prevail.

ON BEHALF OF. THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER

Vu Duc Dam

AUTHORS & CONTRIBUTORS

Partner:

Tran Minh Xuan

Associates:

Mai Hong Trang