Decree No. 341/2025/ND-CP on penalties for administrative violations of copyright and copyright-related rights

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Validity Status

Decree No. 341/2025/ND-CP on penalties for administrative violations of copyright and copyright-related rights takes effect from 15/02/2026.
Effective from: 15/02/2026
Effective to: No expiration
Status: In effect

Content Details

GOVERNMENT OF VIETNAM
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 341/2025/ND-CP

Hanoi, December 26, 2025

 

DECREE

On penalties for administrative violations of copyright and copyight-related rights

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15;

Pursuant to Law on Intellectual Property No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15;

Upon the request of the Minister of Culture, Sports and Tourism,

The Government hereby promulgates a Decree on penalties for administrative violations of copyright and copyright-related rights.

Chapter I

GENERAL PROVISIONS

Article 1. Regulated scope and entities

1. Regulated scope:

a) This Decree provides for administrative violations; penalties, fines, remedial measures; power to issue offence notices, power to impose penalties; imposition of penalties and implementation of remedial measures in terms of copyright and copyright-related rights (hereinafter referred to as “related rights”);

b) Other administrative violations relating to copyright and related rights not provided for in this Decree shall be subject to the provisions of other relevant Government’s Decree on penalties for administrative violations in the state management sector.

2. This Decree applies to agencies, organizations and individuals committing administrative violations against regulations on copyrights and related rights; persons having authority to issue offence notices; persons having authority to impose penalties for administrative violations of copyright and related rights and relevant agencies, organizations and individuals.

Article 2. Entities having right to request competent regulatory authorities to impose penalties for administrative violations of copyright and related rights and entities incurring administrative penalties for violations of copyright and related rights

1. Holders of copyright or related rights (right holders); organizations or individuals suffering damage caused by acts of infringement of copyright or related rights; organizations or individuals detecting acts of infringement of copyright or related rights that cause harm to consumers or to society; or organizations or individuals inheriting copyright or performers’ rights, shall have the right to request competent regulatory authorities to impose penalties for administrative violations of copyright and related rights in accordance with point c, clause 1 and clause 2, Article 198 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15, with respect to the violations specified in Section 1, Chapter III of this Decree. The exercise of the aforementioned right to request shall comply with the provisions set out in Section 4, Chapter VI of Decree No. 17/2023/ND-CP dated April 26, 2023 of the Government elaborating on certain articles and measures for implementation of the Law on Intellectual Property concerning copyright and related rights.

2. Entities on whom penalties for violations of copyright and copyright-related rights are imposed include:

a) Vietnamese organizations and individuals committing administrative violations of copyright and related rights specified in this Law; foreign organizations and individuals committing administrative violations of copyright and related rights specified in this Decree within the territory of Vietnam;

b) Vietnamese organizations and individuals, and foreign organizations and individuals, committing administrative violations of copyright and related rights occurring in the telecommunications network environment and on the Internet, where consumers, users or entities exploiting or using digital information content are in Vietnam.

3. Organizations incurring penalties as prescribed in clause 2 of this Article include:

a) State regulatory authorities committing any violation that does not fall within the assigned state management duties;

b) Vietnamese enterprises and their subordinate units (e.g. branches, representative offices, business locations); foreign enterprises operating within Vietnam; branches, representative offices, business locations of foreign enterprises operating within Vietnam;

Entities incurring administrative penalties that are branches, representative offices or business locations shall comply with the provisions of the Government’s Decree elaborating articles and measures for implementation of the Law on Handling of Administrative Violations;

c) Cooperatives or cooperative unions;

d) Collective rights management organizations (CMOs);

dd) Organizations providing consultancy and services on copyright and related rights;

e) Organizations carrying out assessment of copyright and related rights (hereinafter referred to as “assessment organizations);

g) International and foreign organizations in Vietnam;

h) Foreign organizations committing administrative violations of copyright and related rights occurring in the telecommunications network environment and on the Internet, where their consumers, users or entities exploiting or using digital information content are in Vietnam;

i) Other organizations established as per the law.

Article 3. Penalties

1. Organizations and individuals committing administrative violations of copyright and related rights shall incur the primary penalty of a fine.

2. Organizations and individuals committing administrative violations of copyright and related rights shall incur the following additional penalties:

a) Confiscation of exhibits of administrative violations and means primarily used for the production or trading of such infringing exhibits;

b) Suspension of the right to use the Copyright and Related rights Assessor Card or the Certificate of Assessment Organization for a period lasting between 01 and 03 months from the effective date of the decision to impose penalties.

Article 4. Remedial measures

In addition to the remedial measures prescribed at points a, d, e, g, and i, clause 1, Article 28 of Law No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15, an individual or organization committing an administrative violation of copyright or related rights shall be subject to the following remedial measures:

1. Compulsory correction to accurately state the real name or pseudonym of the author or the name of the performer on copies of works, phonograms (audio recordings), videograms (video recordings), or broadcasts (broadcast programs) containing incorrect information.

2. Compulsory provision of accurate information on the author’s name, origin and source of the work, and information on performances, phonograms, videograms or broadcasts.

3. Compulsory public apology to the affected organizations or individuals.

4. Compulsory return of the written approval, Certificate of Copyright Registration, Certificate of Related rights Registration, Assessor Card, or Certificate of Assessment Organization to the competent issuing authority and removal of copies of such documents from telecommunications networks and the Internet.

5. Compulsory distribution or use for non-commercial purposes in accordance with Article 83 of Decree No. 17/2023/ND-CP.

6. Compulsory destruction of infringing originals, infringing copies, and exhibits of violations.

7. Compulsory removal or deletion of infringing originals or infringing copies from telecommunications networks, the Internet, wired or wireless means, electronic information networks, or any technical means; removal or deletion of copies made available to the public in inter-library systems.

8. Compulsory removal or dismantling of advertisements or recall of newspapers, magazines, and other products containing advertisements.

9. Compulsory posting of notices indicating that the reproduction must be in compliance with laws on copyright applicable to copying devices located within library premises.

10. Compulsory implementation of measures to control the number of users accessing inter-library systems.

11. Compulsory notification of lists of accessible-format copies; notification of leading agencies in charge of copyright and related rights matters to competent authorities; submission of written notifications to competent authorities regarding changes in information of organizations providing consultancy and services on copyright and related rights.

12. Compulsory public disclosure on the organization’s website of lists of accessible-format copies (if any); full disclosure of annual reports and audited financial statements at annual meetings and on the websites of CMOs.

13. Compulsory compliance with information and reporting obligations to competent regulatory authorities as prescribed.

14. Compulsory recall of accessible-format copies, as well as exhibits and means of violations that have been dispersed.

15. Compulsory provision of lists and durations of works, phonograms or videograms used under exceptions and limitations; provision of user information to competent authorities for verification and handling of violations.

16. Compulsory removal of measures that prevent or obstruct the dissemination and use of the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam.

17. Compulsory issuance of warnings to users of intermediary service providers regarding their legal responsibilities in respect of copyright and related rights.

18. Compulsory publication of internal procedures for handling requests to remove or block access to infringing digital content, or objections to such actions, on intermediary service systems.

19. Compulsory establishment of tools to receive requests for removal or blocking access to infringing digital content.

20. Compulsory reporting of results of removal or blocking measures to the requesting authority and the specialized agency responsible for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism.

21. Compulsory temporary removal or blocking, and full removal or blocking of access to infringing digital content in accordance with regulations.

22. Compulsory restoration of digital content in accordance with regulations.

23. Compulsory public disclosure of searchable information or full information on works, the subject matter of related rights, authors, copyright owners and related rights owners authorized on the websites of CMOs.

24. Compulsory provision of relevant information to authors and copyright owners or related rights owners authorized.

25. Compulsory establishment of monitoring mechanisms to ensure that royalty revenues are kept in separate accounts; establishment of organizational structures of CMOs in accordance with regulations.

26. Compulsory refund of improperly retained or misused amounts of money by CMOs to right holders; refund of improperly collected royalties to copyright owners and related rights owners.

27. Compulsory transfer of collected royalties, accrued bank interest, and related documents to competent regulatory authorities for management.

28. Compulsory development of schedules of royalty rates and method of royalty payment of CMOs in accordance with regulations.

29. Compulsory disgorgement, to copyright holders or related rights holders, of any ill-gotten gains from the commission of violations, where such gains arise.

Article 5. Fines, power to impose fines on individuals and organizations and determination of ill-gotten gains, damage to right owners and value of infringing goods

1. The maximum fine for a violation of copyright or related rights shall be VND 250.000.000 when the violation is committed by an individual or shall be VND 500.000.000 when the violation is committed by an organization.

For the same violation, the fine imposed on an organization shall be twice the fine imposed on an individual. Household businesses, households and communities that commit administrative violations shall be subject to the same fines as individuals.

2. The fines prescribed in Chapter II of this Decree are imposed on individuals, except for those specified in clause 2, Article 13; clause 2, Article 16; clause 2, Article 20; clause 2, Article 22; clause 2, Article 26; clause 2, Article 27; clause 2, Article 32; clause 2, Article 35; clauses 2, 3, and 4, Article 37; clauses 1, 2, 3, 4, 5, and 7, Article 41; Articles 45 and 46; point d, clause 5, Article 47 and Article 48 of this Decree, which are imposed on organizations.

3. The authority to impose fines of the titles specified in Chapter III of this Decree applies to individuals. The authority to impose fines on organizations shall be twice that applicable to individuals.

4. Where it is necessary to determine ill-gotten gains from committing administrative violations as a basis for determining the fine bracket and the authority to impose penalties, such determination shall comply with points b, c, d, dd, and e, clause 4, Article 60 of this Decree.

5. Where it is necessary to determine damage caused to copyright owners or related rights owners by administrative violations as a basis for determining the fine bracket and the authority to impose penalties, such determination shall comply with Articles 204 and 205 of Law No. 50/2005/QH11 amended by relevant laws and Section 3, Chapter VI of Decree No. 17/2023/ND-CP.

6. Where it is necessary to determine the value of infringing goods as a basis for determining the fine bracket and the authority to impose penalties, such value shall be determined based on one of the following grounds in order of priority:

a) Listed price or price stated in contracts, sale invoices or import declarations of the infringing goods;

b) Price announced by the local finance authority; where no such price is available, the market price in the administrative division at the time the violation occurs;

c) Production cost of the infringing goods (exhibits/means) if they have not yet been put on sale;

d) Actual selling price of the infringing goods;

dd) Import price of the infringing goods.

7. Where none of the grounds specified in clause 6 of this Article can be applied, in order to determine the value of infringing goods as a basis for determining the fine bracket and the authority to impose penalties, the person having the authority to handle the case may issue a decision to temporarily seize the infringing goods and establish a valuation council in accordance with clause 3 Article 60 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

8. Where more than one applicable ground results as prescribed in clauses 4, 5 and 6 in different fine brackets for the same violation, the ground resulting in the lower fine bracket shall be used to determine the applicable fine bracket and the authority to impose penalties.

Article 6. Completed administrative violations, ongoing administrative violations and handling of repeated administrative violations

1. Completed administrative violations and ongoing administrative violations of copyright and related rights shall be determined in accordance with the principles set out in the Government’s Decree elaborating on certain articles and measures for implementation of the Law on Handling of Administrative Violations.

2. For individuals and organizations committing repeated administrative violations, except for the cases specified in clause 3 of this Article, a separate penalty shall be sanctioned for each administrative violation, and repeated violations shall not be treated as an aggravating circumstance when issuing a decision to impose administrative penalties.

3. For individuals and organizations committing repeated administrative violations, except for the cases specified in clause 3 of this Article, a separate penalty shall be sanctioned for each administrative violation, and repeated violations shall not be treated as an aggravating circumstance when issuing a decision to impose administrative penalties.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Section 1. Acts of infringement of copyright and related rights

Article 7. Infringement of the right to title a work, the right to be named and the right to have the author’s real name or pseudonym indicated when the work is published or used

1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for any of the following acts:

a) Using a work without indicating the author’s real name or pseudonym on copies of the work, phonograms, videograms or broadcasts as prescribed;

b) Using a work without incorrect indication of the author’s real name or pseudonym on copies of the work, phonograms, videograms or broadcasts as prescribed, except for the case specified in point b, clause 2 of this Article.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following acts:

a) Infringing the right to title a work in accordance with law;

b) Using a work while intentionally misrepresenting the author’s name and the origin or source of the work on copies of the work, phonograms, videograms or broadcasts.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for impersonating an author or falsifying the author’s name or signature on a work.

4. Remedial measures:

a) Compulsory correction of the author’s real name or pseudonym on infringing copies, phonograms, videograms or broadcasts that containing incorrect information on the author’s name, for the acts specified in clauses 1, point b of clause 2, and clause 3 of this Article;

b) Compulsory apology for the acts specified in clauses 1, 2 and 3 of this Article;

c) Compulsory rectification of false information, for the acts prescribed in clauses 1, 2 and 3 of this Article;

d) Compulsory removal of infringing elements from copies of the work, phonograms, videograms, broadcasts or destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1, point b clause 2 and clause 4 of this Article.

Article 8. Infringement of the right to protect the integrity of a work

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for modifying or mutilating a work without permission prejudicial to the author’s honor or reputation.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for distortion of a work.

3. Remedial measures:

a) Compulsory apology, for the acts specified in clauses 1 and 2 of this Article;

b) Compulsory rectification of false information, for the acts prescribed in clauses 1 and 2 of this Article;

c) Compulsory removal of infringing elements from copies of the work, phonograms, videograms, broadcasts or destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 and clause 2 of this Article.

Article 9. Infringement of the publication right

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for publishing a work without permission of the copyright owner.

2. Remedial measures:

a) Compulsory apology, for the acts specified in clauses 1 of this Article;

b) Compulsory rectification of false information, for the acts prescribed in clauses 1 of this Article;

c) Compulsory disgorgement to the copyright holders of any ill-gotten gains from committing the violations specified in clause 1 of this Article (if any).

Article 10. Infringement of the right to create a derivative work

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for creating a derivative work without permission of the copyright owner.

2. A fine ranging from VND 20.000.000 to VND 30.000000 shall be imposed for creating a derivative work that prejudice the moral rights provided in clause 4 Article 19 of Law No. 50/2005/QH11 amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15, without the author’s written consent.

3. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 and clause 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement to the copyright holders of any ill-gotten gains from committing the violations specified in clause 1 and clause 2 of this Article (if any).

Article 11. Infringement of the performing right (the right to perform the work in public)

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for indirect performance of a work, through phonograms, videograms or any technical means, at a place accessible to the public where the public cannot freely choose the time and individual parts (contents) of the work, without the permission of the copyright owner.

2. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for direct public performance of a work without permission of the copyright owner.

3. Remedial measures:

a) Compulsory disgorgement to the copyright holders of any ill-gotten gains from committing the violations specified in clause 1 and clause 2 of this Article (if any).

b) Compulsory removal or deletion of infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 of this Article.

Article 12. Infringement of the right to authorize the rental of originals and copies of cinematographic works and computer programs

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for renting out a cinematographic work or computer program without permission of the copyright owner.

2. Remedial measures:

Compulsory disgorgement to the copyright holders of any ill-gotten gains from committing the violations specified in clause 1 of this Article (if any).

Article 13. Infringement of the right to distribute the original or reproductions of a work to the public

1. Fines imposed on an individual committing the act of distributing to the public, by sale or other transfer of ownership, originals or copies (reproductions) of a work in tangible form without the permission of the copyright owner as prescribed, except for the case specified in clause 3 of this Article shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the copyright owner is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the copyright owner ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the copyright owner ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the copyright owner ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of distributing to the public, by sale or other transfer of ownership, originals or reproductions of a work in tangible form without the permission of the copyright owner as prescribed, except for the case specified in clause 3 of this Article shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the copyright owner is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the copyright owner ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the copyright owner ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the copyright owner ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for the distribution to the public, by sale or other transfer of ownership, of originals or reproductions of works of fine art without the permission of the copyright owner, where the ill-gotten gains, the damage caused to the copyright owner, or the value of the infringing goods cannot be determined.

4. Remedial measures:

a) Compulsory destruction of infringing originals, infringing reproductions in respect of the acts specified in clauses 1, 2 and 3 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the copyright holders, of any ill-gotten gains from committing the violations specified in clauses 1, 2 and 3 of this Article (if any).

Article 14. Infringement of the right of import for distribution to the public of originals or reproductions of works

1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for the import for distribution to the public of originals or reproductions of works without permission of the copyright owner.

2. Remedial measures:

a) Compulsory destruction of infringing originals, infringing reproductions in respect of the acts specified in clause 1 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, in respect of the act specified in clause 1 of this Article;.

c) Compulsory disgorgement to the copyright holders of ill-gotten gains from committing the violation specified in clause 1 of this Article (if any).

Article 15. Infringement of the right of broadcasting or communication to the public of works

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for the broadcasting or communication to the public of works by wire, wireless means, electronic information networks, or any other technical means, including making available to the public of works in such a way that members of the public may access them from a place and at a time individually chosen by them, without the permission of the copyright owner as required by law.

2. Remedial measures:

a) Compulsory removal or deletion of infringing originals or reproductions on wire, wireless means, electronic information networks, or any other technical means, in respect of the act specified in clause 1 of this Article;

b) Compulsory disgorgement to the copyright holders of ill-gotten gains from committing the violations specified in clause 1 of this Article (if any).

Article 16. Infringement of the right of reproduction of works

1. Fines imposed on an individual committing the act of reproduction of a work without the permission of the copyright owner as required by law shall be as follows, except as provided in clause 3 of this Article:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the copyright owner is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the copyright owner ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the copyright owner ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the copyright owner ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of reproduction of a work without the permission of the copyright owner as required by law shall be as follows, except as provided in clause 3 of this Article:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the copyright owner is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the copyright owner ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the copyright owner ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the copyright owner ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for the reproduction of works of fine art without the permission of the copyright owner, where the ill-gotten gains, the damage caused to the copyright owner, or the value of the infringing goods cannot be determined.

4. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clauses 1, 2 and 3 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement of any ill-gotten gains from committing the violations specified in clauses 1, 2 and 3 of this Article to the copyright holders (if any).

Article 17. Infringement of the right to be identified as a performer (right of attribution)

1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for the failure to identify, or the incorrect identification of, a performer by name in performances, in the publication of phonograms or videograms or in the broadcasting of performances, as required by law, except as provided in clause 2 of this Article.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the intentional misidentification of a performer by name in performances, in the publication of phonograms or videograms or in the broadcasting of performances, as required by law.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for impersonating a performer for the purpose of performing a work.

4. Remedial measures:

a) Compulsory correct identification of the performer by name on reproductions of works, phonograms, videograms or broadcasts containing incorrect information as to the performer’s name, for the acts specified in clauses 1, 2 and 3 of this Article;

b) Compulsory apology for the acts specified in clauses 1, 2 and 3 of this Article;

c) Compulsory rectification of false information, for the acts prescribed in clauses 1, 2 and 3 of this Article;

d) Compulsory removal of infringing elements from reproductions of works, phonograms, videograms, broadcasts or destruction, removal or deletion of infringing originals, infringing reproductions from telecommunications networks and the Internet, for the acts prescribed in clauses 1, 2 and clause 3 of this Article.

Article 18. Infringement of the right to integrity of a performance

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for modifying or mutilating a performance without permission that is prejudicial to the performer’s honor or reputation.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for distortion of a performance.

3. Remedial measures:

a) Compulsory apology, for the acts specified in clauses 1 and 2 of this Article;

b) Compulsory rectification of false information, for the acts prescribed in clauses 1 and 2 of this Article;

c) Compulsory removal of infringing elements from infringing originals or reproductions or removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 and clause 2 of this Article.

Article 19. Infringement of the right to fix a live performance

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the fixation of a live performance in phonograms or videograms without the permission of the owner of rights in the performance.

2. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 of this Article.

b) Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 20. Infringement of the right of reproduction of a performance

1. Fines imposed on an individual committing the act of reproducing a performance fixed in phonograms or videograms without the permission of the owner of rights in the performance shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the performance is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of reproducing a performance fixed in phonograms or videograms without the permission of the owner of rights in the performance shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the performance is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clauses 1 and 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clauses 1 and 2 of this Article (if any).

Article 21. Infringement of the right of broadcasting or communication to the public of a performance

1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for the broadcasting or communication to the public of an unfixed performance in such a way that members of the public may access it, without the permission of the owner of rights in the performance, except in cases where such performance is intended for broadcasting.

2. Remedial measures:

a) Compulsory removal or deletion of infringing originals or reproductions on wire, wireless means, electronic information networks, or any other technical means, in respect of the act specified in clause 1 of this Article;

b) Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 22. Infringement of the right to distribute the original or reproductions of a fixation of a performance to the public

1. Fines imposed on an individual committing the act of distributing to the public, by sale or other transfer of ownership, the original or reproductions of a fixation of a performance in tangible form without the permission of the owner of rights in the performance shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the performance is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines shall be imposed on an organization committing the act of distributing to the public, by sale or other transfer of ownership, the original or reproductions of a fixation of a performance in tangible form without the permission of the owner of rights in the performance shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the performance is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the performance ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. Remedial measures:

a) Compulsory destruction of the infringing original or infringing reproductions, for the acts specified in clauses 1 and 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clauses 1 and 2 of this Article (if any).

Article 23. Infringement of the right of import for distribution of the original or reproductions of a fixation of a performance to the public

1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for the import for distribution to the public of the original or reproductions of the fixation of the performance in tangible form without permission of the owner of rights in the performance.

2. Remedial measures:

a) Compulsory destruction of the infringing original or infringing reproductions, for the acts specified in clause 1 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, for the acts specified in clause 1 of this Article;

c) Compulsory disgorgement to the copyright holders of ill-gotten gains from committing the violation specified in clause 1 of this Article (if any).

Article 24. Infringement of the right to authorize the commercial rental to the public of originals or reproductions of performances that have been fixed in phonograms or videograms

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commercial rental to the public of the original or a reproduction of a performance that has been fixed in a phonogram or videogram without permission of the owner of rights in the performance.

2. Remedial measures:

Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 25. Infringement of the right of broadcasting or communication to the public of fixations of performances

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for the act of broadcasting or communicating to the public fixations of a performance, including the making available to the public of fixations in such a way that members of the public may access these fixations from a place and at a time individually chosen by them without permission of the owner of rights in the performance.

2. Remedial measures:

a) Compulsory removal or deletion of infringing originals or reproductions on wire, wireless means, electronic information networks, or any other technical means, for the act specified in clause 1 of this Article;

b) Compulsory disgorgement, to the owner of rights in the performance, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 26. Infringement of the right of reproduction of phonograms and videograms

1. Fines imposed on an individual committing the act of reproducing, in whole or in part, a phonogram or videogram by any means or in any form without permission from the owner of rights in such phonogram or videogram shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the phonogram or videogram is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of reproducing, in whole or in part, a phonogram or videogram by any means or in any form without permission from the owner of rights in such phonogram or videogram shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the phonogram or videogram is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the act of editing or compiling a phonogram or videogram without the permission of the owner of rights in such phonogram or videogram.

4. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clauses 1, 2 and 3 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owners of rights in phonograms or videograms, of ill-gotten gains from the commission of the acts specified in clauses 1, 2 and 3 of this Article (if any).

Article 27. Infringement of the right to distribute originals or reproductions of phonograms or videograms to the public

1. Fines imposed on an individual committing the act of distributing to the public, by sale or other transfer of ownership, the original or a reproduction of a phonogram or videogram in tangible form without the permission of the owner of rights in such phonogram or videogram shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the phonogram or videogram is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of distributing to the public, by sale or other transfer of ownership, the original or a reproduction of a phonogram or videogram in tangible form without the permission of the owner of rights in such phonogram or videogram shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the phonogram or videogram is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the phonogram or videogram ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. Remedial measures:

a) Compulsory destruction of infringing originals or infringing reproductions, for the acts specified in clauses 1 and 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owners of rights in the performance, of ill-gotten gains from the commission of the acts specified in clauses 1 and 2 of this Article (if any).

Article 28. Infringement of the right of import for distribution of originals or reproductions of phonograms or videograms to the public

1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for the import for distribution to the public of the original or a reproduction of a phonogram or videogram in tangible form without permission of the owner of rights in such phonogram or videogram.

2. Remedial measures:

a) Compulsory destruction of infringing originals or infringing reproductions, for the acts specified in clause 1 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, for the acts specified in clause 1 of this Article;

c) Compulsory disgorgement, to the copyright holders, of ill-gotten gains from committing the violations specified in clause 1 of this Article (if any).

Article 29. Infringement of the right to authorize the commercial rental to the public of originals or reproductions of phonograms or videograms

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the act of authorizing commercial rental to the public of the original or a reproduction of a phonogram or videogram without permission of the owner of rights in such phonogram or videogram.

2. Remedial measures:

Compulsory disgorgement, to the owners of rights in phonograms or videograms, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 30. Infringement of the right of broadcasting or communication to the public of phonograms or videograms

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for the act of broadcasting or communicating to the public a phonogram or videogram, including the making available to the public of it in such a way that members of the public may access it from a place and at a time individually chosen by them without permission of the owner of rights in the phonogram or videogram.

2. Remedial measures:

a) Compulsory removal or deletion of infringing originals or reproductions on wire, wireless means, electronic information networks, or any other technical means, for the acts specified in clause 1 of this Article;

b) Compulsory disgorgement, to the owners of rights in phonograms or videograms, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 31. Infringement of the right of broadcasting or rebroadcasting of broadcasts

1. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for the act of broadcasting or rebroadcasting a broadcast without permission of the owner of rights in the broadcast.

2. Remedial measures:

a) Compulsory removal or deletion of infringing originals or reproductions from telecommunications networks and the Internet, for the acts prescribed in clause 1 of this Article.

b) Compulsory disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 32. Infringement of the right of distribution to the public of fixations of broadcasts

1. Fines imposed on an individual committing the act of distributing to the public, by sale or other transfer of ownership, the original or a reproduction of a fixation of a broadcast in tangible form without the permission of the owner of rights in the broadcast shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the broadcast is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization committing the act of distributing to the public, by sale or other transfer of ownership, the original or a reproduction of a fixation of a broadcast in tangible form without the permission of the owner of rights in the broadcast shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the broadcast is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. Remedial measures:

a) Compulsory destruction of infringing originals or infringing reproductions, for the acts specified in clauses 1 and 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from the commission of the acts specified in clauses 1 and 2 of this Article (if any).

Article 33. Infringement of the right of import for distribution of the originals or reproductions of fixations of broadcasts to the public

1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for the import for distribution to the public of the original or a reproduction of a fixation of a broadcast in tangible form without permission of the owner of rights in the broadcast.

2. Remedial measures:

a) Compulsory destruction of infringing originals or infringing reproductions, for the acts specified in clause 1 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, for the acts specified in clause 1 of this Article;

c) Compulsory disgorgement, to the copyright holders, of ill-gotten gains from committing the violations specified in clause 1 of this Article (if any).

Article 34. Infringement of the right to fix broadcasts

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for the act of fixing a broadcast without permission of the owner of rights in the broadcast.

2. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 1 of this Article.

b) Compulsory disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from the commission of the acts specified in clause 1 of this Article (if any).

Article 35. Infringement of the right to reproduce fixations of broadcasts

1. Fines imposed on an individual for the act of reproducing a fixation of a broadcast without permission of the owner of rights in the broadcast shall be as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the owner of rights in the broadcast is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

2. Fines imposed on an organization for the act of reproducing a fixation of a broadcast without permission of the owner of rights in the broadcast shall be as follows:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are under VND 20.000.000, or where the damage caused to the owner of rights in the broadcast is under VND 40.000.000, or where the value of the infringing goods is under VND 40.000.000;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 40.000.000 to under VND 80.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 80.000.000;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 80.000.000 to under VND 120.000.000, or where the value of the infringing goods ranges from VND 80.000.000 to under VND 120.000.000;

d) A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the owner of rights in the broadcast ranges from VND 120.000.000 to under VND 200.000.000, or where the value of the infringing goods ranges from VND 120.000.000 to under VND 200.000.000;

3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for the act of editing or compiling a broadcast without permission of the owner of rights in the broadcast.

4. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clauses 1, 2 and 3 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from the commission of the acts specified in clauses 1, 2 and 3 of this Article (if any).

Article 36. Acts of transporting and storing counterfeit and pirated goods

1. Regarding the transporting of counterfeit and pirated goods:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the copyright owner or the related rights owner is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 50.000.000 to under VND 100.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 100.000.000 to under VND 150.000.000, or where the value of the infringing goods ranges from VND 100.000.000 to under VND 150.000.000;

e) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains are VND 100.000.000 or more, or where the damage caused to the copyright owner or the related rights owner is VND 150.000.000 or more, or where the value of the infringing goods is VND 150.000.000 or more.

2. Regarding the storage of counterfeit and pirated goods:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are under VND 10.000.000, or where the damage caused to the copyright owner or the related rights owner is under VND 20.000.000, or where the value of the infringing goods is under VND 20.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 20.000.000 to under VND 40.000.000, or where the value of the infringing goods ranges from VND 20.000.000 to under VND 40.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 40.000.000 to under VND 60.000.000, or where the value of the infringing goods ranges from VND 40.000.000 to under VND 60.000.000;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 60.000.000 to under VND 100.000.000, or where the value of the infringing goods ranges from VND 60.000.000 to under VND 100.000.000;

dd) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed where the ill-gotten gains range from VND 50.000.000 to under VND 100.000.000, or where the damage caused to the copyright owner or the related rights owner ranges from VND 100.000.000 to under VND 150.000.000, or where the value of the infringing goods ranges from VND 100.000.000 to under VND 150.000.000;

e) A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains are VND 100.000.000 or more, or where the damage caused to the copyright owner or the related rights owner is VND 150.000.000 or more, or where the value of the infringing goods is VND 150.000.000 or more.

3. Remedial measures:

a) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clauses 1 and 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

b) Compulsory disgorgement, to the copyright holders or related rights holders, of any ill-gotten gains from committing the violations specified in clause 1 and clause 2 of this Article (if any).

Article 37. Violations of regulations on exceptions to copyright and related rights infringement

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to provide information on the author’s name and the origin and source of the work, or information on the performance, phonogram, videogram or broadcast when using published works, performances, phonograms, videograms or broadcasts under exceptions to copyright or related rights infringement.

2. Regarding violations by a library:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to post notices indicating that the reproduction must be in compliance with laws on copyright applicable to copying devices located within library premises.

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for allowing the number of users at the same time to exceed the number of reproductions of a work held by the library when reproducing or transmitting stored works for interlibrary use via computer networks under exceptions to copyright infringement, unless permitted by the copyright owner;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for providing digital reproductions of works outside premises of libraries that are permitted to legally use them when reproducing or transmitting stored works for interlibrary use via computer networks under exceptions to copyright infringement, unless permitted by the copyright owner;

3. Regarding violations by qualified organizations specified in clause 3 Article 30 of Decree No. 17/2023/ND-CP:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to notify lists of accessible-format copies or failure to submit reports on the performance of activities under exceptions to copyright infringement for persons with disabilities to the specialized agency responsible for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failure to publicly disclose lists of accessible-format copies on the organization’s website, unless the organization has no website;

c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for reproduction, distribution, performance, communication of accessible-format copies of a work under exceptions to copyright infringement for persons with disabilities without right to legally access to the original or copies of the work;

a) A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for reproducing, distributing, performing or communicating accessible-format copies of a work to an entity not prescribed in Article 25a of the Law on Intellectual Property amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.

4. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed on an organization that reproduces, distributes, performs or communicates accessable-format copies of a work under exceptions to copyright infringement for persons with for reproduction, distribution, performance, communication of accessible-format copies of works under exceptions to copyright infringement for persons with disabilities without meeting the conditions specified in clause 3 Article 30 of Decree No. 17/2023/ND-CP.

5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for obstructing or hindering persons with disabilities, their caregivers or qualified organizations specified in clause 3 Article 30 of Decree No. 17/2023/ND-CP from reproducing, distributing, performing, or communicating accessible-format copies of a works where legal access to the original or a copy of the work exists in accordance with law.

6. Remedial measures:

a) Compulsory provision of information on the author’s name, origin and source of the work, and information on performances, phonograms, videograms or broadcasts, for the acts specified in clause 1 of this Article;

b) Compulsory posting of notices indicating that the reproduction must be in compliance with laws on copyright applicable to copying devices located within library premises, for the acts specified in point a clause 2 of this Article;

c) Compulsory disgorgement, to the copyright holders or related rights holders, of any ill-gotten gains from committing the violations specified in points b and c clause 2, point c and d clause 3 and clause 4 of this Article (if any).

d) Compulsory implementation of measures to control the number of users in interlibrary use, for the acts specified in point b, clause 2 of this Article;

dd) Compulsory removal or deletion of copies provided to the public, for the acts specified in point c, clause 2 of this Article;

e) Compulsory notification of lists of accessible-format copies or submission of reports to specialized agencies responsible for state management of copyright or related rights under the Ministry of Culture, Sports and Tourism, for the acts specified in point a, clause 3 of this Article;

g) Compulsory public disclosure on the organization’s website of lists of accessible-format copies of works, for the acts specified in point b, clause 3 of this Article, unless the organization has no website;

h) Compulsory recall of accessible-format copies, for the acts specified in points c and d, clause 3 and clause 4 of this Article.

Article 38. Violations of regulations on limitations of copyright and related rights

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to provide lists and duration of works, phonograms and videograms used in accordance with clause 2, Article 34 of Decree No. 17/2023/ND-CP.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failure to pay royalties to copyright owners or related rights owners when using works fixed, with the authorization of the copyright owners, in commercially published phonograms or videograms, or commercially published phonograms or videograms in restaurants, cafés, hotels, shops, supermarkets, entertainment venues, commercial centers, fitness and wellness clubs, aviation, public transport and other business or commercial activities of a similar nature, in accordance with clauses 1 and 2, Article 26 and clauses 1 and 2, Article 33 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failure to pay royalties to copyright owners or related rights owners when using commercially published works, phonograms or videograms for broadcasting, in accordance with clauses 1 and 2, Article 26 and clauses 1 and 2, Article 33 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failure to pay royalties to copyright owners or related rights owners when using works fixed, with the authorization of the copyright owners, in commercially published phonograms or videograms, or commercially published phonograms or videograms in karaoke establishments, bars, discotheques and other business or commercial activities of a similar nature, in accordance with clauses 1 and 2, Article 26 and clauses 1 and 2, Article 33 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.

5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for obstructing or hindering the dissemination or use of the National Flag, National Emblem or National Anthem of the Socialist Republic of Vietnam in the exercise of copyright or related rights in accordance with law.

6. Remedial measures:

a) Compulsory provision of lists and duration of works, phonograms or videograms used, for the violations specified in clause 1 of this Article;

b) Compulsory disgorgement, to the copyright holders or related rights owners, of any ill-gotten gains from committing the violations specified in clauses 2, 3 and 4 of this Article (if any).

c) Compulsory removal of measures that prevent or obstruct the dissemination and use of the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam, for the acts specified in clause 5 of this Article.

Article 39. Infringement of the right to apply effective technological measures to protect copyright and related rights

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for intentionally removing or circumventing effective technological measures implemented by authors, copyright owners or related rights owners to protect their rights in accordance with law.

2. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for advertising, promoting or marketing devices, products, or components, knowing or having reasons to believe that such devices, products or components are manufactured or used to circumvent effective technological measures protecting copyright or related rights.

3. A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed for distributing, importing, offering for sale, selling, leasing or storing for commercial purposes devices, products or components, or introducing or providing services, knowing or having reason to believe that such devices, products or components are manufactured or used to circumvent effective technological measures protecting copyright or related rights.

4. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for manufacturing devices, products or components, knowing or having reasons to believe that such devices, products or components are manufactured or used to circumvent effective technological measures protecting copyright or related rights.

5. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for manufacturing, assembling, modifying, distributing, importing, exporting, offering for sale, selling, or leasing devices or systems, knowing or having reasons to believe that such devices or systems are used for unauthorized decryption or are primarily designed to facilitate unauthorized decryption of encrypted program-carrying satellite signals.

6. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for intentionally receiving and distributing encrypted program-carrying satellite signals after decryption without authorization from the lawful distributor.

7. Additional penalties:

Confiscation of exhibits and means of administrative violations used primarily for producing or trading in infringing devices, products, or components for the violations specified in clauses 3, 4 and 5 of this Article, except where such devices, products or components are imported.

8. Remedial measures:

a) Compulsory destruction of infringing exhibits, for the acts specified in clause 1 of this Article.

b) Compulsory disgorgement, to the copyright holders or related rights holders, of any ill-gotten gains from committing the violations specified in clauses 1, 3, 5 and 6 of this Article (if any).

c) Compulsory removal of infringing elements from advertisements or compulsory takedown, dismantling or deletion of advertisements, or recall of printed newspapers, magazines or other products containing such advertisements, for the acts specified in clause 2 of this Article;

d) Compulsory destruction of infringing exhibits, for the import-related acts specified in clause 3 and clause 5 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

dd) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, for the violations specified in clause 3, 4 and 5 of this Article;

e) Compulsory removal or deletion of infringing originals or copies on wired or wireless media, electronic information networks, or any technical means for the violations specified in clauses 1 and 6 of this Article.

Article 40. Infringement of the right to apply right management information (RMI) to protect copyright and related rights

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for intentionally removing, deleting, or altering RMI without permission from the author, copyright owner, or related rights owner, knowing or having reasons to believe that such act will induce, enable, facilitate, or conceal infringement of copyright or related rights in accordance with law.

2. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for intentionally distributing or importing for distribution to the public copies of works, fixations of performances, phonograms, videograms, or broadcasts, knowing or having reasons to believe that rights management information has been removed, deleted, or altered without permission from the copyright owner or related rights owner, and knowing or having reasons to believe that such act will induce, enable, facilitate, or conceal infringement of copyright or related rights.

3. A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed for intentionally broadcasting, communicating or making available to the public copies of works, fixations of performances, phonograms, videograms, or broadcasts, knowing or having reasons to believe that rights management information has been removed, deleted, or altered without permission from the copyright owner or related rights owner, and knowing or having reasons to believe that such act will induce, enable, facilitate, or conceal infringement of copyright or related rights.

4. Additional penalties:

Confiscation of exhibits and means of administrative violations used primarily for producing or trading in infringing copies for the violations specified in clause 2 of this Article, except where such copies are imported.

5. Remedial measures:

a) Compulsory restoration of the original condition, for the acts specified in clause 1 of this Article;

b) Compulsory destruction of infringing exhibits, for the import-related acts specified in clause 2 of this Article. Where the conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution or non-commercial use shall be applied;

c) Compulsory payment of an amount equal to the value of the exhibits of the administrative violation that have been unlawfully consumed, dissipated or destroyed, for the acts specified in clause 2 of this Article;

d) Compulsory destruction, removal or deletion of infringing originals or infringing copies from telecommunications networks and the Internet, for the acts prescribed in clause 3 of this Article.

dd) Compulsory disgorgement, to the copyright holders or related rights holders, of any ill-gotten gains from committing the violations specified in clauses 1, 2 and 3 of this Article (if any).

Article 41. Violations of legal responsibilities for copyright and related rights by intermediary service providers and other organizations and individuals

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on intermediary service providers that commit one of the following acts:

a) Failing to warn service users of their legal responsibilities if they commit acts of copyright or related rights infringement;

b) Failing to publish internal procedures for handling requests to remove or block access to infringing digital content, or requests to object to temporary removal or blocking of access to digital content on their service systems as prescribed in point c, clause 1, Article 110 of Decree No. 17/2023/ND-CP.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on intermediary service providers for failing to notify the competent authority of a contact point for copyright and related rights matters, or failing to publicly disclose such contact point on their websites.

3. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed on intermediary service providers that commit one of the following acts:

a) Failing to provide user information upon receipt of a written request from a competent regulatory authority for the purpose of verifying and handling violations of copyright or related rights;

b) Failing to establish tools to receive requests to remove or block access to infringing digital content as required for intermediary service providers specified in point c, clause 1, Article 110 of Decree No. 17/2023/ND-CP.

4. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on the intermediary service providers specified in point c clause 1 Article 110 of Decree No. 17/2023/ND-CP that commit one of the following acts:

a) Failing to notify the content provider whose digital content has been removed or blocked of such removal or blocking upon receipt of a written request from a competent authority;

b) Failing to report the results of removal or blocking to the requesting authority and specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism within 24 hours from removal or blocking as requested in writing by a competent authority;

c) Failing to notify the requesting party and the requested party of the temporary removal or blocking of access to digital content, together with supporting documents and evidence provided by the requesting party, within 72 hours from receipt of the request and after implementing such temporary removal or blocking;

d) Failing to forward to the requesting party a written request for objection together with supporting documents and evidence provided by the requested party, within 72 hours from receipt and after restoring the removed or blocked digital content;

dd) Failing to notify the requesting party and the requested party of the immediately temporary removal or blocking of access to livestreamed digital content upon receipt of the request accompanied by supporting documents and evidence provided by the requesting party at least 24 hours prior to the livestream.

5. A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed on the intermediary service providers specified in point c clause 1 Article 110 of Decree No. 17/2023/ND-CP that commit one of the following acts:

a) Temporarily removing or blocking digital content, or restoring removed or blocked content, without having received sufficient supporting documents and evidence from the requesting party or the requested party;

b) Failing to temporarily remove or block access to digital content within 72 hours from receipt of a request accompanied by supporting documents and evidence from the requesting party;

c) Failing to restore digital content that has been temporarily removed or blocked within 72 hours from receipt of a notice of objection form the requested party accompanied by supporting documents and evidence;

d) Failing to immediately remove or block access to livestreamed digital content upon receipt of a request accompanied by supporting documents and evidence provided by the requesting party at least 24 hours prior to the livestream.

6. A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed on individuals or organizations that abuse procedures for removal or blocking of access to digital content, or provide false supporting documents or evidence to intermediary service providers.

7. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed on intermediary service providers specified in point c clause 1 Article 110 of Decree No. 17/2023/ND-CP for failing to remove or block access to infringing digital content within 24 hours from receipt of a written request from a competent authority.

8. Remedial measures:

a) Compulsory warning to service users in accordance with clause 17, Article 4 of this Decree, for the acts specified in point a, clause 1 of this Article;

b) Compulsory publication of internal procedures in accordance with clause 18, Article 4 of this Decree, for the acts specified in point b, clause 1 of this Article;

c) Compulsory notification of contact point in accordance with clause 11, Article 4 of this Decree, for the acts specified in clause 2 of this Article;

d) Compulsory provision of user information in accordance with clause 15, Article 4 of this Decree, for the acts specified in point a, clause 3 of this Article;

dd) Compulsory establishment of request-receiving tools in accordance with clause 19, Article 4 of this Decree, for the acts specified in point b, clause 3 of this Article;

e) Compulsory reporting of results of removal or blocking of access to infringing digital content to the requesting authority and the specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism, for the acts specified in point b, clause 4 of this Article;

g) Compulsory temporary removal or blocking of access to digital content, for the acts specified in points b and d, clause 5 of this Article;

h) Compulsory restoration of digital content, for the acts specified in point c, clause 5 of this Article;

i) Compulsory disgorgement, to the copyright holders or related rights holders, of any ill-gotten gains from committing the violations specified in clause 6 of this Article (if any).

k) Compulsory temporary removal or blocking of access to digital content, for the acts specified in clause 7 of this Article;

Section 2. OTHER ADMINISTRATIVE VIOLATIONS OF COPYRIGHT AND RELATED RIGHTS

Article 42. Violations of regulations on applications for approval and written approvals for use of works, performances, phonograms, videograms or broadcasts where the state acts as the representative owner or manager of copyright or related rights

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for making false declarations in documents and materials contained in applications for approval for use of works, phonograms, videograms, or broadcasts where the State acts as the representative owner or manager of copyright or related rights.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for erasing or altering written approvals in a manner that falsifies their contents relating to the use of works, phonograms, videograms, or broadcasts where the State acts as the representative owner or manager of copyright or related rights, except where such acts are committed for personal gain or other personal motives through abuse of position or authority to the extent of criminal liability.

3. Remedial measures:

a) Compulsory submission of the written approval to the issuing authority and removal of copies of such written approval from telecommunications networks and the Internet, for the acts specified in clause 1 of this Article (where approval has been granted) and clause 2 of this Article;

b) Compulsory disgorgement of any ill-gotten gains from the violations specified in clauses 1 and 2 of this Article.

Article 43. Violations of regulations on applications for approval and written approvals for translation or reproduction of works for non-commercial teaching and research

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for making false declarations in documents and materials in the following cases:

a) Applications for approval for translation of works from foreign languages into Vietnamese for non-commercial teaching and research;

b) Applications for approval for reproduction of works for non-commercial teaching and research.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for erasing or altering written approvals in a manner that falsifies their contents in the following cases, except where such acts are committed for personal gain or other personal motives through abuse of position or authority to the extent of criminal liability:

a) Approval for translation of works from foreign languages into Vietnamese for no-commercial teaching and research;

b) Approval for reproduction of works for non-commercial teaching and research;

3. Remedial measures:

a) Compulsory submission of the written approval to the issuing authority and removal of copies of such written approval from telecommunications networks and the Internet, for the acts specified in clause 1 of this Article (where approval has been granted) and clause 2 of this Article;

b) Compulsory disgorgement of any ill-gotten gains from the violations specified in clauses 1 and 2 of this Article.

Article 44. Violations of regulations on registration of copyright and related rights

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for making false declarations in documents and materials in applications for issuance, re-issuance, replacement, or invalidation of Certificates of Copyright Registration or Certificates of Related rights Registration.

2. A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed for one of the following acts:

a) Using a Certificate of Copyright Registration or a Certificate of Related rights Registration after a decision on invalidation or revocation has been issued by a competent authority;

b) Erasing or altering a Certificate of Copyright Registration or a Certificate of Related rights Registration in a manner that falsifies its contents, except where such acts are committed for personal gain or other personal motives through abuse of position or authority to the extent of criminal liability;

c) Failing to return a Certificate of Copyright Registration or a Certificate of Related rights Registration after a competent authority has issued a decision on invalidation or revocation;

d) Abusing procedures for registration of copyright or related rights to obstruct or hinder the exercise of copyright or related rights of other organizations or individuals.

3. Remedial measures:

a) Compulsory submission of Certificates of Copyright Registration or Certificates of Related Rights Registration to the issuing authority and removal of copies of such certificates from telecommunications networks and the Internet, for the acts specified in Clause 1 of this Article (where certificates have been granted) and Points a, b, and c, Clause 2 of this Article;

b) Compulsory disgorgement of any ill-gotten gains from the violations specified in Clauses 1 and 2 of this Article.

Article 45. Violations of regulations on the operation of CMOs

1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for failing to publicly post search information on the website of a CMO where the author, co-author, copyright owner, related rights owner, or co-owner thereof who has granted authorization cannot be found or contacted for the purpose of distributing collected royalties.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on a CMO for one of the following acts:

a) Failing to fully report on collective management activities to the competent regulatory authority;

b) Failing to fully disclose the annual report and audited financial statements at the annual meeting or on the CMO’s website;

c) Failing to provide information on amounts payable for each work, performance, phonogram, videogram, or broadcast that is granted licence for use, and the period of use as a basis for royalty collection and distribution to the author, copyright owner, related rights owner who has authorized such distribution.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on a CMO for one of the following acts:

a) Failing to report on collective management activities to the competent regulatory authority;

b) Failing to disclose the annual report and audited financial statements at the annual meeting or on the CMO’s website;

c) Failing to fully disclose information on the work, the subject matter of related rights, author, copyright owner or related rights owner who has granted authorization on the CMO’s website.

d) Failing to establish a monitoring mechanism to ensure that royalties collected from the licensing are kept in accounts separate from assets, accounts and other revenues and expenditures of the CMO in accordance with laws;

dd) Failing to establish an organizational structure enabling authorized members to nominate, elect and be elected to managerial and supervisory positions of the CMO.

4. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on a CMO committing one of the following acts:

a) Operating beyond the scope of the written authorization agreement with the copyright owner or related rights owner;

b) Failing to disclose information on the work, the subject matter of related rights, author, copyright owner or related rights owner who have granted authorization on the CMO’s website.

5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on a CMO carrying out activities without a written authorization agreement with the copyright owner or related rights owner.

6. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on a CMO committing one of the following acts:

a) Retaining royalties at a rate inconsistent with the prescribed proportion of the total royalties collected by the CMO;

b) Using retained royalties in violation of applicable regulations;

c) Failing to transfer collected royalties, accrued interest and documents related to the authorization and collection of royalties to the competent regulatory authority for management, after deducting management and search expenses as prescribed by law, in cases where, after five years of searching, the author, co-author, copyright owner, related rights owner, co-owner of copyright, or co-owner of related rights who has granted authorization cannot be found or contacted;

d) Failing to establish royalty tariffs and payment methods.

7. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on a CMO committing one of the following acts:

a) Operating beyond the scope authorized by the competent authority;

b) Conducting collective management activities for profit.

8. Remedial measures:

a) Compulsory public posting of search information on the CMO’s website, for the acts specified in clause 1 of this Article;

b) Compulsory submission of reports on collective management activities to the competent regulatory authority, for the acts specified in point a clause 2 and point a clause 3 of this Article;

c) Compulsory full disclosure of the annual report and audited annual financial statements at the annual meeting of the CMO and full publication thereof on the website of the CMO for the acts specified at Point b Clause 2 and Point b Clause 3 of this Article;

d) Compulsory provision of accompanying relevant information, for the acts specified at Point c Clause 2 of this Article;

dd) Compulsory full disclosure of information, for the acts specified at Point c Clause 3 and Point b Clause 4 of this Article;

e) Compulsory establishment of a monitoring mechanism by the CMO to ensure that royalties collected from the licensing are kept in accounts separate from other assets, accounts, revenues and expenditures of the CMO in accordance with regulations, for the acts specified at Point d Clause 3 of this Article;

g) Compulsory establishment of the organizational structure of the CMO, for the acts specified at Point dd Clause 3 of this Article;

h) Compulsory return of ill-gotten gains from committing the acts specified at Point a Clause 4, Clause 5, and Point a and Point b Clause 7 of this Article;

i) Compulsory reimbursement, to copyright holder or related rights holder, of amounts (royalties) retained at a rate inconsistent with the prescribed rate, for the acts specified at Point a Clause 6 of this Article;

k) Compulsory reimbursement, to copyright holder or related rights holder, of amounts improperly used, for the acts specified at Point b Clause 6 of this Article;

l) Compulsory transfer of collected royalties, accrued bank interest, and related documents by the CMO to competent regulatory authorities for management, for the acts specified in point c clause 6 of this Article;

m) Compulsory establishment by the CMO of royalty tariffs and payment methods, for the acts specified at Point d Clause 6 of this Article.

Article 46. Violations of regulations on the collection and distribution of royalties under authorization not carried out by CMOs

1. A fine ranging from 1.000.000 VND to 5.000.000 VND shall be imposed for posting incomplete annual reports and audited annual financial statements on the collection and distribution of royalties on the CMO’s website.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on an CMO committing one of the following acts:

a) Providing incomplete reports on the collection and distribution of royalties under authorization to the competent regulatory authority as prescribed;

b) Failing to post annual reports and audited annual financial statements on the collection and distribution of royalties on the CMO’s website;

c) Failing to fully disclose information on the work, author, copyright owner or related rights owner who have granted authorization on the CMO’s website.

d) Failing to provide information on amounts payable for each work, performance, phonogram, videogram, or broadcast that is granted licence for use, and the period of use as a basis for royalty collection and distribution to the author, copyright owner, related rights owner who has authorized such distribution.

3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on a CMO committing one of the following acts:

a) Failing to inform or report on the collection and distribution of royalties under authorization to the competent regulatory authority as prescribed;

b) Failing to disclose information on the work, author, copyright owner or related rights owner who have granted authorization on the CMO’s website.

4. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on a CMO committing one of the following acts:

a) Operating beyond the scope of the written authorization agreement with the copyright owner or related rights owner;

b) Making payments not in accordance with the agreement with the author, copyright owner or related rights owner based on the total royalties collected under authorization.

5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on a CMO carrying out activities without a written authorization agreement with the copyright owner or related rights owner.

6. A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed for impersonating a CMO to carry out activities.

7. Remedial measures:

a) Compulsory full posting of annual reports and annual financial statements, for the acts specified in Clause 1 and Point b Clause 2 of this Article;

b) Compulsory public disclosure of information, for the acts specified in Point c Clause 2 and Point b Clause 3 of this Article;

c) Compulsory provision of accompanying relevant information, for the acts specified at Point d Clause 2 of this Article;

d) Compulsory submission of information and reports to the competent regulatory authority, for the acts specified in point a clause 2 and point a clause 3 of this Article;

dd) Compulsory reimbursement, to copyright owner or related rights owner, of royalties obtained from committing the violations specified in Clauses 4 and 5 of this Article;

e) Compulsory disgorgement of ill-gotten gains from committing the violations specified in Clause 6 of this Article..

Article 47. Violations of regulations on copyright and related rights assessment

1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failure to comply with regulations on procedures for assessment.

2. A fine ranging from 3.000.000 VND to 7.000.000 VND shall be imposed for failure to provide explanations of assessment conclusions upon request as prescribed.

3. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for one of the following acts:

a) Failing to prepare assessment dossiers or to preserve exhibits and documents related to copyright and related rights assessment cases;

b) Failing to maintain confidentiality of information and documents as requested by organizations or individuals requesting the assessment, thereby causing damage to relevant organizations or individuals;

c) Altering or erasing the assessment conclusion in a manner that falsifies its contents, except where such acts are committed for personal gain or other personal motives through abuse of position or authority to the extent of criminal liability.

4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following acts:

a) Abusing the status and activities of assessment for personal gain;

b) Intentionally issuing false or misleading assessment conclusions.

c) Conducting assessment in cases where refusal of assessment is required by law;

d) Failing to provide information or submit reports on assessment activities to the competent authority.

5. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for one of the following acts:

a) Erasing or altering an Assessor card or a Certificate of copyright and related rights assessment organization in a manner that falsifies its contents, except where such acts are committed for personal gain or other personal motives through abuse of position or authority to the extent of criminal liability;

b) Declaring untruthful information in documents and materials in the application for examination of professional assessment competence, the application for issuance of an Assessor card, or the application for issuance of a Certificate of copyright and related rights assessment organization;

c) Conducting assessment activities not in accordance with the registered form of assessment practice;

d) An assessment organization operating outside the scope of assessment recorded in its Certificate.

6. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for one of the following acts:

a) Conducting assessment without an Assessor card or a Certificate of assessment organization;

b) Using another person’s or organization’s Assessor card or Certificate to conduct assessment activities;

c) Allowing another person or organization to use one’s Assessor card or Certificate to conduct assessment activities.

7. Additional penalties:

Suspension of the right to use the Assessor card or the Certificate of assessment organization for a period from 01 month to 03 months for the acts specified in Point c Clause 6 of this Article.

8. Remedial measures:

a) Compulsory submission of information and reports on assessment activities to the competent regulatory authority, for the acts specified in point d clause 4 of this Article;

b) Compulsory submission of the Assessor card or Certificate of assessment organization to the issuing authority and removal of copies thereof from telecommunications networks and the Internet, for the acts specified in Point a Clause 5, Point b Clause 6, and Point b Clause 5 (where already issued);

c) Compulsory disgorgement of ill-gotten gains from committing the violations specified in Point c Clause 3; Points a, b, c Clause 4; Points c, d Clause 5; and Clause 6 of this Article.

Article 48. Violations of regulations on the operation of organizations providing consultancy and services on copyright and related rights

 

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on an organization providing consultancy and services on copyright and related rights committing one of the following acts:

a) Failing to submit reports on consultancy and service provision activities to the competent regulatory authority as prescribed;

b) Failing to send a written notification to the competent authority of changes in the information of the organization providing consultancy and services on copyright and related rights as prescribed.

2. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for impersonating an organization providing consultancy and services on copyright and related rights to carry out activities.

3. Remedial measures:

a) Compulsory submission of reports as prescribed, for the acts specified in point a clause 1 of this Article;

b) Compulsory sending of a written notification to the competent authority of changes in the information of the organization providing consultancy and services on copyright and related rights as prescribed, for the acts specified in point b clause 1 of this Article;

c) Compulsory disgorgement of ill-gotten gains from committing the violations specified in Clause 2 of this Article.

Article 49. Violations of regulations on sealing and temporary seizure of exhibits and means of violation during inspection

1. An organization or individual not assigned to keep or manage sealed exhibits or means of violation, who commits one of the following acts, shall be subject to penalties as follows:

a) A fine ranging from 3.000.000 VND to 5.000.000 VND for removing or breaking seals of exhibits or means of administrative violations related to copyright and related rights that are under sealing or temporary seizure;

b) A fine ranging from 5.000.000 VND to 10.000.000 VND for altering, but not yet consuming, dispersing or destroying exhibits or means of administrative violations related to copyright and related rights that are under inspection or sealing or temporary seizure;

c) A fine ranging from 15.000.000 VND to 30.000.000 VND for consuming, dispersing or destroying exhibits or means of administrative violations related to copyright and related rights that are under inspection or sealing or temporary seizure;

2. Remedial measures:

a) Compulsory restoration of the original condition of exhibits or means of administrative violations related to copyright and related rights that have been altered, for the act specified in Point b Clause 1 of this Article;

b) Compulsory recovery of exhibits or means of violation that have been dispersed or compulsory payment of an amount equivalent to the value of exhibits or means of violation that have been consumed, dispersed or destroyed, for the act specified in Point c Clause 1 of this Article.

Chapter III

POWER TO IMPOSE ADMINISTRATIVE PENALTIES, IMPLEMENTATION OF PENALTIES AND REMEDIAL MEASURES

Article 50. Power to issue offence notices

Persons holding positions with power to impose administrative penalties as prescribed in Articles 52 to 59 of this Decree; civil servants and public employees in the sectors of culture, sports and tourism; members of the People’s Army and the People’s Public Security forces performing official duties; aircraft commanders, ship masters, train captains and persons assigned by them to issue offence notices, upon detecting administrative violations of copyright and related rights, shall be competent to issue offence notices in accordance with law.

Article 51. Allocation of power to impose administrative penalties for violations of copyright and related rights

1. Chairpersons of the People’s Committees at all levels shall have the power to impose administrative penalties and apply remedial measures (if any) to administrative violations specified in Chapter II of this Decree occurring within their respective administrative divisions in accordance with Article 52 of this Decree.

2. Persons having power to impose penalties within the Inspectorates of the Civil Aviation Authority of Vietnam and the Vietnam Maritime and Inland Waterways Authority shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in clause 1 of Article 36, violations occurring in public transport activities prescribed in clause 2 Article 38 and Article 49 of this Decree, in accordance with Article 53 of this Decree and their assigned functions, duties and powers.

3. Heads of agencies performing state management by sector or field and other titles shall have power to impose administrative penalties and apply remedial measures as follows:

a) Heads of organizations under the Ministry of Culture, Sports and Tourism assigned to carry out inspection tasks within the scope of state management of copyright and related rights; heads of inspection teams established by the Minister of Culture, Sports and Tourism; heads of inspection teams established by heads of organizations under the Ministry; Directors of Departments of Culture, Sports and Tourism; and Directors of Departments of Culture and Sports shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Chapter II of this Decree, in accordance with Article 54 of this Decree;

b) Directors General of the Authority of Broadcasting and Electronic Information (ABEI), the Press Authority, and the Publishing, Printing and Distribution Authority shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Articles 7, 8, 9, 10, Clause 1 Article 11, Articles 13, 15-22, 25-27, 30-32, 34, 35, 38-41 and 49 of this Decree, in accordance with clause 2 Article 54 of this Decree and their assigned functions, duties and powers;

c) Directors General of the Vietnam Maritime and Inland Waterways Authority, the Civil Aviation Authority of Vietnam, the Vietnam Road Administration and the Vietnam Railway Authority, and Directors of Departments of Construction shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in clause 1 of Article 35, violations occurring in public transport activities prescribed in clause 2 Article 38 and Article 49 of this Decree, in accordance with Article 54 of this Decree and their assigned functions, duties and powers.

4. Persons having power to impose penalties within the People’s Public Security forces shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Articles 10-13, 15, 16, 19-22, 24-27, 29-32, 34-38; Clauses 1, 2, 4 and 6 Article 39; acts prescribed in Clauses 3 and 5 Article 39; Clauses 1-3 Article 40; acts of distribution specified in clause 2 Article 40 and Articles 41-49 of this Decree, in accordance with Article 55 and their assigned functions, duties and powers.

5. Persons having power to impose penalties within the Border Guard forces shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Articles 14, 23, 28, 33 and 36; and acts of import and export prescribed in Clauses 3 and 5 Article 39, Clause 2 Article 40, and Article 49 of this Decree, in accordance with Article 56 of this Decree and their assigned functions, duties and powers.

6. Persons having power to impose penalties within the Coast Guard forces shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Articles 14, 23, 28, 33 and 36; and violations occurring in public transport activities prescribed in Clause 2 Article 38, acts of import and export prescribed in clauses 3 and 5 Article 40 and Article 49 of this Decree, in accordance with Article 57 of this Decree and their assigned functions, duties and powers.

7. Persons having power to impose penalties within the Customs authorities shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Articles 14, 23, 28, 33 and 36; and acts of import and export prescribed in Clauses 3 and 5 Article 39, Clause 2 Article 40 and Article 49 of this Decree, in accordance with Article 58 and their assigned functions, duties and powers.

8. Persons having power to impose penalties within the Market Surveillance forces shall have power to impose administrative penalties and apply remedial measures in respect of violations prescribed in Clause 3 Article 7; Articles 12, 13, 15, 16, 20-22, 24-27, 29, 30, 32, 35, 36; Clauses 1-4 Article 38; acts prescribed in Clauses 3-5 Article 39; Clause 2 Article 40 and Article 49, in accordance with Article 59 and their assigned functions, duties and powers.

Article 52. Power of Chairpersons of People’s Committees

1. The Chairpersons of the commune-level People’s Committees have the right to:

a) Impose fines of up to VND 125.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

2. The Chairpersons of the provincial People’s Committees have the right to:

a) Impose fines of up to VND 250.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 53. Power of inspectorates

1. Inspectors of the Civil Aviation Authority of Viet Nam and the Viet Nam Maritime and Inland Waterways Authority have the right to:

a) Impose fines of up to VND 25.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 50.000.000.

2. Heads of inspection teams of the above authorities have the right to:

a) Impose fines of up to VND 125.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

3. Chief Inspectors of the above authorities have the right to:

a) Impose fines of up to VND 200.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 54. Power of Heads of agencies performing state management by sector or field and other titles

1. Directors of Departments of Culture, Sports and Tourism; Departments of Culture and Sports; and Departments of Construction shall have the power to:

a) Impose fines of up to VND 200.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

2. Heads of organizations under the Ministry of Culture, Sports and Tourism assigned inspection within the scope of state management of copyright and related rights of the Ministry; and Directors General of the Authority of Broadcasting and Electronic Information, the Press Authority, the Publishing, Printing and Distribution Authority, the Vietnam Maritime and Inland Waterways Authority, the Civil Aviation Authority of Vietnam, the Vietnam Road Administration, and the Vietnam Railway Authority shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

3. Heads of inspection teams established by Heads of organizations affiliated to the Ministry of Culture, Sports and Tourism performing state management of copyright and related rights shall have power to impose penalties as prescribed in Clause 1 of this Article.

4. Heads of inspection teams established by the Minister of Culture, Sports and Tourism shall have power to impose penalties as prescribed in Clause 2 of this Article.

Article 55. Power of the People’s Public Security Forces

1. The People’s Police officers on duty shall have power to:

a) Impose fines of up to VND 25.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 50.000.000.

2. Commanders of company-level Mobile Police units shall have the power to:

a) Impose fines of up to VND 50.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 100.000.000.

c) Apply remedial measures prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

3. Chiefs of police stations, Commanders battalion-level Mobile Police units, Flotilla Commanders, Station Chiefs and Team Leaders shall have the power to:

a) Impose fines of up to VND 75.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 150.000.000;

d) Apply remedial measures prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

4. Heads of the commune-level police shall have the power to:

a) Impose fines of up to VND 125.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

5. Heads of professional divisions under the Bureau of Internal Political Security shall include: the Head of the Press and Publishing Security Division; the Head of the Culture, Sports and Social Labor Security Division; the Head of the Postal, Telecommunications and Information Technology Security Division; Heads of professional divisions under the Bureau of Economic Security shall include: the Head of the Industry and Trade Security Division; the Head of the Transport and Construction Security Division; the Head of the Finance and Investment Security Division; the Head of the Agriculture, Forestry and Fisheries Security Division; the Head of the Science, Technology and Natural Resources and Environment Security Division; Heads of professional divisions under the Police Bureau for Administrative Management of Social Order shall include: the Head of the Division for Guidance and Management of Conditional Business Lines on Security and Order and Seals; Heads of professional divisions under the Bureau of Traffic Police shall include: the Head of the Division for Guidance on Road and Railway Traffic Patrol and Control; the Head of the Division for Guidance on Inland Waterway Patrol, Control and Crime Prevention and Suppression; Flotilla Commanders; Heads of professional divisions under the Bureau of Cybersecurity and High-Tech Crime Prevention and Control shall include: the Head of the Division of Prevention and Control of Cybercrime Using Cyberspace to Violate Economic Management Order; the Head of the Division of Prevention and Control of Cybercrime Using Cyberspace to Violate Social Order; the Head of the Division of Cyber Information Security; the Head of the Division of Protection of National Information Network Security; the Head of the Division of Monitoring of Cyber Information and Prevention of Cyberspace use for Violations against National Security; Head of Regiment-level Mobile Police Unit; Heads of Divisions affiliated to the provincial Police shall include: the Head of the Internal Political Security Division; the Head of the Police Division for Administrative Management of Social Order; the Head of the Criminal Police Division; the Head of the Economic, Corruption, Smuggling and Environmental Crime Investigation Division; the Head of the Traffic Police Division; the Head of the Mobile Police Division; the Head of the Cybersecurity and High-Tech Crime Prevention Division; the Head of the Economic Security Division; the Head of the External Security Division, shall have the power to:

a) Impose fines of up to VND 200.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

6. Directors of the provincial Police shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

7. Director of the Bureau of Internal Political Security, Director of Bureau of Economic Security, Director of Police Bureau for Administrative Management of Social Order, Director of Police Bureau for Investigation into Social Order-related Crimes, Director of Police Bureau for Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Bureau for Investigation into Drug-related Crimes, Director of Police Traffic Department, Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director of Domestic Security Department, and the Commander of the Mobile Police shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Impose fixed-term suspension of the right to use licences or practising certificates;

c) Order confiscation of exhibits and means of administrative violations;

d) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 56. Power of the Border Guard forces

1. Border guard officers on duty shall have power to:

a) Impose fines of up to VND 12.500.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 25.000.000.

2. Station Chiefs and Team leaders of the Border Guard officers specified in Clause 1 this Article are shall have power to:

a) Impose fines of up to VND 25.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 50.000.000.

c) Apply remedial measures prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

3. Leaders of Anti-drug and crime Control Task Force Teams affiliated to Anti-drug and crime Control Task Forces shall have the power to:

a) Impose fines of up to VND 37.500.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 75.000.000.

c) Apply remedial measures prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

4. Commanders of Border Guard Posts, Commanders of Border Guard Squadrons, and Commanders of the Border Guard Commands at Seaport Border Gates shall have the power to:

a) Impose fines of up to VND 75.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 150.000.000.

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

5. Leaders of the Anti-Drug and Crime Control Task Forces under the Drug and Crime Prevention Department affiliated to the Border Guard Command shall have the power to:

a) Impose fines of up to VND 125.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

6. Commanders of the Border Guard Commands; Commanders of the Border Guard Squadrons; Directors of the Drug and Crime Prevention and Control Department affiliated to the Border Guard High Command shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 57. Power of the Coast Guard

1. Coastguard officers on duty shall have power to:

a) Impose fines of up to VND 12.500.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 25.000.000.

2. Coastguard team leaders are entitled to:

a) Impose fines of up to VND 25.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 50.000.000.

3. Coastguard squad leaders and captains of coastguard stations shall have the power to:

a) Impose fines of up to VND 50.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 100.000.000.

c) Apply remedial measures prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

4. Commanders of Coastguard platoons shall have the power to:

a) Impose fines of up to VND 75.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 150.000.000.

c) Apply remedial measures prescribed in points a, d, e and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

5. Commanders in chief of Coastguard Squadrons, Commanders of Reconnaissance Brigades, Commanders of Anti-drug Crime Control Task Forces affiliated to Vietnam Coast Guard shall have the power to:

a) Impose fines of up to VND 125.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

6. Commanders of the Regional Coast Guards, Directors of the Legal and Operational Department under the Vietnam Coast Guard shall have the power to:

a) Impose fines of up to VND 200.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

7. Vietnam Coast Guard Commands shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 58. Power of customs authorities

1. Customs officials on duty shall have the power to:

a) Impose fines of up to VND 12.500.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 25.000.000.

2. Leaders of Customs Teams at border gates/checkpoints, Leaders of Customs Teams outside border gates, Leaders of Customs Control Teams, Leaders of Post-Clearance Audit and Inspection Teams, Leaders of Customs Clearance Team under Regional Customs Sub-Departments; Leaders of Anti-Smuggling Control Teams under Anti-Smuggling Investigation Sub-Departments; Leaders of Regional Post-Clearance Inspection Teams under Post-Clearance Inspection Sub-Departments shall have the power to:

a) Impose fines of up to VND 75.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 150.000.000.

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

3. Directors of Regional Customs Sub-Departments, Directors of Anti-Smuggling Investigation Sub-Departments, and Directors of Post-Clearance Inspection Sub-Departments shall have the power to:

a) Impose fines of up to VND 125.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

4. The Director of the Customs Departments of Customs shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 59. Power of market surveillance authorities

1. Market surveillance officials on duty shall have power to:

a) Impose fines of up to VND 25.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 50.000.000.

2. Leaders of Market Surveillance Teams under Market Surveillance Sub-Departments affiliated to Departments of Industry and Trade shall have the power to:

a) Impose fines of up to VND 75.000.000;

b) Order confiscation of exhibits and means of administrative violations with a value not exceeding VND 150.000.000.

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

3. Directors of Market Surveillance Sub-Departments and Heads of Market Surveillance Operations Divisions under Departments of Domestic Market Management and Development shall have the power to:

a) Impose fines of up to VND 125.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

4. Directors of Departments of Domestic Market Management and Development shall have the power to:

a) Impose fines of up to VND 250.000.000;

b) Order confiscation of exhibits and means of administrative violations;

c) Apply remedial measures prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and Article 4 of this Decree.

Article 60. Implementation of administrative penalties and remedial measures

1. The enforcement of administrative penalties and remedial measures prescribed in this Decree shall be carried out in accordance with Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and their guiding documents.

2. Where the remedial measure of compulsory surrender of a written approval, Certificate of Copyright Registration, Certificate of Related Rights Registration, Copyright and Related Rights Assessor Card, or Certificate of Copyright and Related Rights Assessment Organization is applied, the following shall apply:

a) The violating organization or individual shall submit, either directly or by post, the written approval, Certificate of Copyright Registration, Certificate of Related Rights Registration, Copyright and Related Rights Assessor Card, or Certificate of Copyright and Related Rights Assessment Organization to the issuing authority within the time limit specified in the decision to impose administrative penalties and shall send the receipt or proof of submission to the person competent to issue the decision to impose administrative penalties or the decision to apply the remedial measure under this Clause;

b) The person competent to issue the decision to impose administrative penalties or the decision to apply the remedial measure under this Clause shall notify in writing the issuing authority or person and propose handling in accordance with law;

c) Where such documents or certificates are issued in electronic form or in the form of data messages, the competent authority or person shall enforce the surrender thereof by electronic means, provided that conditions on infrastructure, technology and information are satisfied. The status of such surrender shall be updated in the relevant database or e-ID card/account system in accordance with regulations.

3. Where the remedial measure of compulsory apology is applied, the violating organization or individual shall send a written apology to the aggrieved organization or individual and to the person competent to issue the decision to impose administrative penalties or the decision to apply such remedial measure.

4. Where the remedial measure of compulsory disgorgement of ill-gotten gains from the commission of violation (if any) to the copyright holder or related rights holder, or compulsory payment of ill-gotten gains from the commission of violation, is applied, the following shall apply:

a) The violating organization or individual shall disgorge such ill-gotten gains to the copyright holder or related rights holder or remit such ill-gotten gains to the state budget, and shall provide the receipt or proof of payment to the person competent to issue the decision to impose administrative penalties or the decision to apply the remedial measure;

b) “Ill-gotten gains” specified in this clause include assets, money, valuable papers, and other property obtained from the administrative violation, determined from the time the violation is committed until its cessation;

c) Where ill-gotten gains are monetary, they shall equal the total amount received from the violation, calculated as revenue from transfer, sale, or provision of infringing goods or services minus direct production costs, based on lawful and valid supporting documents provided by the violating party;

d) The amount of ill-gotten gains shall be determined by multiplying the quantity of goods or volume of services transferred or consumed by the unit price, minus direct production costs (where sufficient lawful documentation is provided);

dd) The bases for such determination of the quantity of goods or volume of services transferred or consumed shall include declarations by the violating party and verification by the competent person; unit prices shall be based on supporting documents provided by the violating organization or individual or, in their absence, on market prices of similar goods or services at the time of detection of the violation.

Where quantity, volume, or unit price cannot be determined, ill-gotten gains shall be the total proceeds obtained from the unlawful transfer, sale, dispersal, or destruction;

In cases where organizations or individuals engaged in processing goods for foreign traders (processors) commit violations relating to the origin of exports or imports and are required to disgorge ill-gotten gains from the commission of such violations, the ill-gotten gains from the processing activities shall be the total amount of money obtained by such organizations or individuals from the processing activities (processing fees, processing charges) minus (-) the direct processing costs (provided that the violating organizations or individuals have sufficient records and documents to prove the legality and validity of such costs).

In cases where organizations or individuals violate the law by transferring, consuming, dispersing, or destroying processed goods contrary to legal regulations, the ill-gotten gains to be disgorged and remitted to the state budget shall be the total amount of money mentioned above plus (+) an amount equal to the value of the exhibits or means of administrative violation obtained as a result of such unlawful transfer, consumption, dispersal or destruction.

In cases involving the transfer or consumption of prohibited goods, counterfeit goods, smuggled goods, or the provision of conditional business services, the ill-gotten gains in monetary terms shall be the entire amount of money obtained by the organizations or individuals from such transfer, consumption of goods or provision of services.

e) Ill-gotten gains in the form of objects or other assets obtained by violating organizations or individuals from administrative violations shall be deemed “other assets” in accordance with the Civil Code. The “objects” referred to in this clause shall be determined in accordance with Articles 110, 111, 112, 113, and 114 of the Civil Code. “Other assets” referred to in this clause shall be determined in accordance with Articles 105, 107, 109, and 115 of the Civil Code.

In cases where such objects or other assets other than prohibited goods, counterfeit goods, or smuggled goods have been transferred, consumed or destroyed, ill-gotten gains shall be determined as the amount of money equivalent to the market value of similar assets, or based on the book value of such assets (where no market value is available), or based on the monetary value of the assets declared in export or import customs declarations (in the case of exported or imported goods) of the violating organizations or individuals, after deducting the direct production costs of goods, as supported by records and documents evidencing the legality and validity of such costs.

In cases where such objects or other assets are prohibited goods, counterfeit goods or smuggled goods that have been transferred or consumed, the ill-gotten gains shall be determined as the total amount of money received by the organizations or individuals from such transfer.

5. Where the remedial measure of compulsory removal or deletion of infringing originals or copies on telecommunications networks or the Internet are applied, the violating organizations or individuals must comply within no later than 24 hours from receipt of the decision to enforce such remedial measure and must report the results of compliance to the competent person issuing the decision to impose administrative penalties or the decision to apply such remedial measure no later than 24 hours after completion.

6. Credit institutions and the State Treasury shall be responsible for collecting fines, transferring collected fines, and refunding paid fines on the basis of the decision to handle the case issued by the competent person in compliance with the law.

Article 61. Transfer of case files showing signs of a crime for criminal prosecution

1. In the course of examining and handling violations under this Decree, where there are grounds to believe that the violation shows signs of a crime, the person competent to handle the case shall transfer the file relating to the act showing signs of a crime to the competent criminal procedure authority in accordance with Clauses 1, 2, and 4 of Article 62 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15.

The transfer of exhibits and means of administrative violations related to acts showing signs of a crime shall comply with Government’s Decree No. 138/2021/ND-CP dated 31 December 2021.

2. The competent criminal procedure authority shall be responsible for examining, concluding the case, and notifying the handling results in accordance with Clause 3 of Article 62 of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15.

Article 62. Refusal or suspension of handling requests for action against infringements of copyright and related rights in administrative penalty proceedings

1. The authority handling the request shall refuse to accept the request in the following cases:

a) The request for handling an infringing act is filed while there is an ongoing dispute or complaint concerning the right holder, the protected subject matter, the scope of protection, or the term of protection of copyright or related rights;

b) The requesting party fails to meet the handling authority’s requirements to supplement necessary documents, evidence, or exhibits within the time limit specified in Clause 3 of Article 80 of Decree No. 17/2023/ND-CP;

c) The statute of limitations for administrative penalties has expired. Where conditions for applying remedial measures are met, such measures shall be applied in accordance with the law on handling administrative violations;

d) The verification results of the handling authority show that no infringement exists as described in the request;

dd) There is a conclusion, decision or notice from a competent authority determining that there are insufficient grounds to handle the alleged infringement;

e) The act requested to be handled does not constitute an administrative violation under this Decree;

g) The request has already been accepted for handling by another authority in cases where it is submitted to multiple authorities with concurrent jurisdiction.

2. The person accepting the request for handling an infringing act must suspend the handling of the request in the following cases:

a) A dispute or complaint arises concerning the right holder, the protected subject matter, the scope of protection, or the term of protection of copyright or related rights after the request has been accepted, and the handling must await the resolution by a competent authority in accordance with Clause 5 of Article 80 of Decree No. 17/2023/ND-CP;

b) There is insufficient basis to determine the existence of an infringing act after the request has been accepted;

c) The requesting party submits a written withdrawal of the request or a request to suspend handling of the case, except as provided in Clause 3 of this Article.

3. Where there are sufficient grounds to determine that an infringing act constitutes an administrative violation, the person having authority to impose penalties shall continue to carry out administrative penalty procedures for such act, notwithstanding the receipt of a notice of withdrawal of the request or a request to suspend handling of the case as prescribed in Point c, Clause 2 of this Article.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 63. Effect

1. This Decree comes into force from February 15, 2026.

2. The following provisions are invalid from the day on which this Decree comes into force:

a) Decree No. 131/2013/ND-CP;

b) Decree No. 28/2017/ND-CP.

c) Article 3 of Decree No. 129/2021/ND-CP.

3. In case the legislative documents referred to this Circular are amended or replaced, the newest document shall be applied.

Article 64. Transitional provisions

1. For administrative violations of copyright and related rights that occurred prior to the effective date of this Decree but are detected or are being examined or handled after this Decree has come into force, the Government’s Decree on administrative penalties for copyright and related rights that was in effect at the time each violation was committed shall apply for handling such violations.

2. For decisions to impose administrative penalties that were issued or fully executed prior to the effective date of this Decree, where the penalized individuals or organizations continue to lodge complaints, the provisions on administrative penalties in force at the time the decision to impose administrative penalties was issued shall apply for resolving such complaints.

Article 65. Responsibility for implementation of this Decree

1. The Ministry of Culture, Sports and Tourism shall take charge and cooperate with relevant ministries and central authorities in guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and central-affiliated cities, relevant organizations and individuals are responsible for implementation of this Decree.

 

 

ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MISNISTER
DEPUTY PRIME MINISTER

Mai Van Chinh

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