DECREE

AMENDMENTS TO SOME ARTICLES OF DECREES PROVIDING FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON TOURISM; SPORTS; COPYRIGHT AND RELATED RIGHTS; CULTURAL AND ADVERTISING ACTIVITIES

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

Pursuant to the Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012;

Pursuant to the Law on Amendments and Supplements to certain Articles of the Law on Penalties for Administrative Violations dated November 13, 2020;

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

The Government hereby promulgates a Decree on amendments to some Articles of Decrees providing for penalties for administrative violations against regulations on tourism; sports; copyright and related rights; cultural and advertising activities.

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1. Article 2a is added after Article 2 as follows:

 “Article 2a. Prescriptive time limits for imposing penalties for administrative violations

1. The prescriptive time limit for imposition of a penalty for an administrative violation against regulation on tourism shall be 01 year.

2. The dates which are used to determine the prescriptive time limits for imposing penalties for administrative violations against regulations on tourism are as follows:

a) For an in-progress administrative violation specified in Point a Clause 3 of this Article, the prescriptive time limit begins from the date on which that the competent law enforcement officer detects such violation;

b) For a completed administrative violation specified in Point b Clause 3 of this Article, the prescriptive time limit begins from the date on which that violation terminates;

c) For a case where a penalty is imposed for an administrative violation committed by an organization or individual which is transferred by the competent person making the administrative violation record, the prescriptive time limit for imposition of a penalty therefor shall comply with Clause 1 of this Article and begin from the date in Point a or b of this Clause to the date on which the penalty imposition decision is issued.

3. In-progress administrative violations and completed administrative violations against regulations on tourism

a) In-progress administrative violation against regulations on tourism is a persistent violation which has been occurring at the time when it is discovered and penalized by the competent authority or competent person and has been directly infringing upon state management order;

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4. Within the time limits specified in Clause 1 of this Article, if a violating person deliberately evades or militates against penalty imposition by a competent authority, the time limits shall be reset, starting from the time of abandonment of acts of evading or militating against penalty imposition.”

2. Several Clauses of Article 10 are amended as follows:

a) Clause 9 is amended as follows:

“9. Additional penalties:

Suspend business for 01 to 03 months if the violation specified in Clause 7 of this Article is committed.”

b) Clause 10 is added as follows:

“10. Remedial measures:

Enforced return of the illegal benefits obtained from the violations specified in Clauses 4 to 7 of this Article.”

3. Article 19 is amended as follows:

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1. Inspectors and persons authorized to perform specialized inspection tasks in the performance of their duty have the power to:

a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which value does not exceed VND 1,000,000.

2. Chief Inspectors of Provincial Departments and chiefs of provincial inspectorates have the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000.

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3. Chiefs of ministerial inspectorates have the power to:

a) issue warnings;

b) impose a fine of up to VND 35,000,000;

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which does not exceed VND 70,000,000;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

4. Ministerial Chief Inspector, Director General of Directorate for Roads of Vietnam and Director General of Vietnam Inland Waterway Administration have the power to:

a) issue warnings;

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

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d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

4. Article 20 is amended as follows:

“Article 20. Power of Chairmen/Chairwomen of People’s Committees

1. Chairmen/Chairwomen of communal People’s Committees have the power to:

a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 10,000,000.

2. Chairmen/Chairwomen of district-level People’s Committees have the power to:

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

3. Chairmen/Chairwomen of provincial People’s Committees have the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

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5. Article 21 is amended as follows:

“Article 21. Power of market surveillance authorities

1. Market surveillance team leaders and Head of Professional Division affiliated to the Market Surveillance Operations Department have the power to:

a) impose a fine of up to VND 25,000,000;

b) enforce the remedial measures mentioned in Article 4 of this Decree.

2. Directors General of provincial Market Surveillance Departments and Director General of the Market Surveillance Operations Department affiliated to the Vietnam Directorate of Market Surveillance have the power to:

a) impose a fine of up to VND 50,000,000;

b) confiscate exhibits of administrative violations;

c) suspend the license or suspend the operation;

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3. The Director General of the Vietnam Directorate of Market Surveillance has the power to:

a) impose a fine of up to VND 50,000,000;

b) confiscate exhibits of administrative violations;

c) suspend the license or suspend the operation;

d) enforce the remedial measures mentioned in Article 4 of this Decree.”

6. Article 22 is amended as follows:

“Article 22. Power of the Border Guard

1. The Border Guard officers in the performance of their duty have the power to:

a) issue warnings;

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2. Senior officers of the persons mentioned in Clause 1 of this Article have the power to:

a) issue warnings;

b) impose a fine of up to VND 2,500,000.

3. The leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control have the power to:

a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 10,000,000.

4. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates have the power to:

a) issue warnings;

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c) confiscate exhibits of administrative violations, the value of which does not exceed VND 20,000,000;

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

5. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command have the power to:

a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000;

d) enforce the remedial measures mentioned in Article 4 of this Decree.

6. Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command have the power to:

a) issue warnings;

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c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”.

7. Article 23 is amended as follows:

“Article 23. Power of the Coast Guard

1. Coastguard officers in the performance of their duty have power to:

a) issue warnings;

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

2. Captains of coastguard teams have power to:

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b) impose a fine of up to VND 2,500,000.

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

a) issue warnings;

b) impose a fine of up to VND 5,000,000.

4. Commanders of coastguard platoons have power to:

a) issue warnings;

b) impose a fine of up to VND 10,000,000;

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 20,000,000;

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

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a) issue warnings;

b) impose a fine of up to VND 15,000,000;

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 30,000,000;

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

6. Commanders of regional coastguard command centers and Director General of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

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7. Commander of Vietnam Coast Guard has the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

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

8. Article 24 is amended as follows:

“Article 24. Power of the People's Public Security

1. Soldiers of the People’s Public Security in the performance of their duty have the power to:

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

2. Heads of company-level Mobile Police units, Station Heads and Team Leaders supervising the persons defined in Clause 1 of this Article have the power to:

a) issue warnings;

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

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police, Majors of Mobile Police Battalions, and Captains of Squadrons have the power to:

a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 5,000,000.

4. District-level Police Chiefs; the Head of the Professional Division of the Internal Political Security Department; the Head of the Professional Division of the Police Department of Administrative Management of Social Order; the Head of the Professional Division of the Traffic Police Department; the Head of the Professional Division of the Department of Fire Prevention, Fighting and Rescue; the Head of the Professional Division of the Department of Cybersecurity, Hi-tech Crime Prevention and Control; the Head of the Professional Division of the Immigration Department; the Chiefs of provincial Police Departments, including: Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for Administrative Management of Social Order, Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of Investigation Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of Mobile Police Divisions, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control Divisions, Chiefs of Immigration Divisions; Chiefs of Economic Security Divisions; Chiefs of External Security Divisions; Colonels of Mobile Police Regiments; Captains of Squadrons have the power to:

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b) impose a fine of up to VND 10,000,000;

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which does not exceed VND 20,000,000;

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

5. Directors of provincial Police Departments have the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

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6. Director General of the Internal Political Security Department; Director General of the Economic Security Department; Director General of the Police Department for Administrative Management of Social Order; Director General of the Investigation Police Department for Social Order Crimes; Director General of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director General of the Investigation Police Department for Drug Crimes; Director General of the Traffic Police Department; Director General of the Firefighting, Prevention and Rescue Police Department; Director General of the Police Department for Prevention and Control of Environmental Crimes; Director General of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director General of the Internal Security Department; Director General of Immigration Department, and Commander of the Mobile Police have the power to:

a) issue warnings;

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

c) suspend the license or practicing license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

9. Several Clauses of Article 25 are amended as follows:

a) Clause 3 is amended as follows:

“3. Competent persons of market surveillance authorities have the power to make administrative violation records, impose penalties for administrative violations and enforce remedial measures against the administrative violations specified in Point a Clause 3, Point c Clause 4 Article 6; Point c Clause 4, Point d Clause 5, Point b Clause 12, Points a and b Clause 13 and Clause 14 Article 7; Clauses 4 and 7 Article 8; Point c Clause 1, Clauses 4, 6 and 7 Article 10; Clause 1, Point a Clause 3, Point h Clause 4 Article 13 within their power specified in Article 21 of this Decree and  according to the competence specified in Article 21 and within the scope of their functions, tasks and entitlements”.

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“4. Competent persons of the Border Guard have the power to make administrative violation records, impose penalties for administrative violations and enforce remedial measures against the administrative violations specified in Clauses 5, 6 and 7 Article 6; Clause 4 Article 7; Clauses 1, 2, 3, 4 and 5, Points b and c Clause 6, Clauses 7, 8 and 9 Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17 within their power specified in Article 22 of this Decree and  according to the competence specified in Article 21 and within the scope of their functions, tasks and entitlements”.

10. Clause 2 of Article 26 is amended as follows:

“2. Chief inspector and officials tasked with inspection and verification in tourism and market surveillance officials in the performance of their duty have the power to make administrative violation records and transfer administrative violation documents to competent persons to impose penalties as prescribed by law.”

Article 2. Amendments to some Articles of Government’s Decree No. 46/2019/ND-CP dated May 27, 2019 on penalties for administrative violations against regulations on sports

1. Article 2a is added after Article 2 as follows:

 “Article 2a. Prescriptive time limits for imposing penalties for administrative violations

1. The prescriptive time limit for imposition of a penalty for an administrative violation against regulations on sports shall be 01 year.

2. The dates which are used to determine the prescriptive time limits for imposing penalties for administrative violations against regulations on sports are as follows:

a) For an in-progress administrative violation specified in Point a Clause 3 of this Article, the prescriptive time limit begins from the date on which that the competent law enforcement officer detects such violation;

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c) For a case where a penalty is imposed for an administrative violation committed by an organization or individual which is transferred by the competent person making the administrative violation record, the prescriptive time limit for imposition of a penalty therefor shall comply with Clause 1 of this Article and begin from the date in Point a or b of this Clause to the date on which the penalty imposition decision is issued.

3. In-progress administrative violations and completed administrative violations against regulations on sports

a) In-progress administrative violation against regulations on sports is a persistent violation which has been occurring at the time when it is discovered and penalized by the competent authority or competent person and has been directly infringing upon state management order;

b) Completed administrative violation against regulations on tourism is a violation which is committed one or more occasions and there are grounds and information proving that such violation had been completed before the competent authority or competent person discovered such violation.

4. Within the time limits specified in Clause 1 of this Article, if a violating person deliberately evades or militates against penalty imposition by a competent authority, the time limits shall be reset, starting from the time of abandonment of acts of evading or militating against penalty imposition.”

2. Article 22 is amended as follows:

“Article 22. Power of inspectors

1. Inspectors and persons authorized to perform specialized inspection tasks in the performance of their duty have the power to issue warnings.

2. Chief Inspectors of Provincial Departments and chiefs of provincial inspectorates have power to:

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which value does not exceed VND 50,000,000;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

3. Chiefs of ministerial inspectorates have the power to:

a) issue warnings;

b) impose a fine of up to VND 35,000,000;

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which value does not exceed VND 70,000,000;

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4. Ministerial Chief Inspector, Director General of Directorate for Roads of Vietnam, Director General of Vietnam Inland Waterway Administration, Director General of Drug Administration of Vietnam, Director General of Vietnam Administration of Medical Services and Director General of General Department of Preventive Medicine have the power to:

a) issue warnings;

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

3. Article 23 is amended as follows:

“Article 23. Power of Chairmen/Chairwomen of People’s Committees

1. Chairmen/Chairwomen of communal People’s Committees have the power to:

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 10,000,000.

2. Chairmen/Chairwomen of district-level People’s Committees have the power to:

a) issue warnings;

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

3. Chairmen/Chairwomen of provincial People’s Committees have the power to:

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

4. Article 24 is amended as follows:

“Article 24. Power of the People's Public Security

1. Soldiers of the People’s Public Security in the performance of their duty have the power to issue warnings.

2. Heads of company-level Mobile Police units, Station Heads and Team Leaders supervising the persons defined in Clause 1 of this Article have the power to issue warnings.

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police, Majors of Mobile Police Battalions, and Captains of Squadrons have the power to:

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 5,000,000.

4. District-level Police Chiefs; the Head of the Professional Division of the Internal Political Security Department; the Head of the Professional Division of the Police Department for Administrative Management of Social Order; the Head of the Professional Division of the Traffic Police Department; the Head of the Professional Division of the Department of Fire Prevention, Fighting and Rescue; the Head of the Professional Division of the Department of Cybersecurity, Hi-tech Crime Prevention and Control; the Head of the Professional Division of the Immigration Department; the Chiefs of provincial Police Departments, including: Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for Administrative Management of Social Order, Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of Mobile Police Divisions, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control Divisions, Chiefs of Investigation Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of Immigration Divisions; Chiefs of Economic Security Divisions; Chiefs of External Security Divisions; Colonels of Mobile Police Regiments; Captains of Squadrons have the power to:

a) issue warnings;

b) impose a fine of up to VND 10,000,000;

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations, the value of which does not exceed VND 20,000,000;

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

5. Directors of provincial Police Departments have the power to:

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

6. Director General of the Internal Political Security Department; Director General of the Economic Security Department; Director General of the Police Department for Administrative Management of Social Order; Director General of the Investigation Police Department for Social Order Crimes; Director General of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director General of the Investigation Police Department for Drug Crimes; Director General of the Traffic Police Department; Director General of the Firefighting, Prevention and Rescue Police Department; Director General of the Police Department for Prevention and Control of Environmental Crimes; Director General of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director General of the Internal Security Department; Director General of Immigration Department, and Commander of the Mobile Police have the power to:

a) issue warnings;

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

c) suspend the license or suspend the operation;

d) confiscate exhibits of administrative violations;

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5. Article 25 is amended as follows:

“Article 25. Power of the Border Guard

Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons, and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command have the power to:

1. issue warnings;

2. impose a fine of up to VND 50.000.000;

3. suspend the license or suspend the operation;

4. confiscate exhibits of administrative violations.

5. enforce the remedial measures mentioned in Article 4 of this Decree.”.

6. Article 26 is amended as follows:

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Commander of Vietnam Coast Guard has the power to:

1. issue warnings;

2. impose a fine of up to VND 50.000.000;

3. suspend the license or suspend the operation;

4. confiscate exhibits of administrative violations;

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

7. Article 28 is amended as follows:

“Article 28. Power to make administrative violation records

The persons specified in Articles 22 through 26 of this Decree; officials and public employees in culture, sports and tourism; people working for the People's Army and People's Public Security Forces; Border Guard officers; heads of border guard stations and leaders of the Border Guard soldiers; leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control; Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the Border Guard Commands at port border gates; leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command; Coastguard officers; Captains of coastguard teams, Coastguard squad leaders; captains of coastguard stations, Commanders of coastguard platoons, Commanders in chief of coastguard squadrons; Commanders in chief of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam, Commanders of regional coastguard command centers, Director General of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam, upon detection of any administrative violation against regulations on sports, have the power to make an administrative violation record as prescribed by law”.

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1. Article 3a is added after Article 3 as follows:

 “Article 3a. Prescriptive time limits for imposing penalties for administrative violations

1. The prescriptive time limit for imposition of a penalty for an administrative violation against regulations on copyright and related rights shall be 02 years.

2. The dates which are used to determine the prescriptive time limits for imposing penalties for administrative violations against regulations on copyright and related rights are as follows:

a) For an in-progress administrative violation specified in Point a Clause 3 of this Article, the prescriptive time limit begins from the date on which that the competent law enforcement officer detects such violation;

b) For a completed administrative violation specified in Point b Clause 3 of this Article, the prescriptive time limit begins from the date on which that violation terminates;

c) For a case where a penalty is imposed for an administrative violation committed by an organization or individual which is transferred by the competent person making the administrative violation record, the prescriptive time limit for imposition of a penalty therefor shall comply with Clause 1 of this Article and begin from the date in Point a or b of this Clause to the date on which the penalty imposition decision is issued.

3. In-progress administrative violations and completed administrative violations against regulations on copyright and related rights

a) In-progress administrative violation against regulations on copyright and related rights is a persistent violation which has been occurring at the time when it is discovered and penalized by the competent authority or competent person and has been directly infringing upon state management order;

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4. Within the time limits specified in Clause 1 of this Article, if a violating person deliberately evades or militates against penalty imposition by a competent authority, the time limits shall be reset, starting from the time of abandonment of acts of evading or militating against penalty imposition.”

2. Article 36 is amended as follows:

 “Article 36. Power to make administrative violation records

The persons specified in Articles 37, 38, 39, 40a, 40b, 40c and 40d of this Decree; officials and public employees in culture, sports and tourism; people working for the People's Army and People's Public Security Forces; Border Guard officers; heads of border guard stations and leaders of the Border Guard soldiers; Coastguard officers; customs officers; Team Leaders, Group Leaders of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to provincial, inter-provincial or central-affiliated city Customs Departments; Leaders of Teams in Post-clearance Inspection Sub-departments; market surveillance officials, upon detection of any administrative violation against regulations on copyright and related rights, have the power to make an administrative violation record as prescribed by law.”

3. Article 37 is amended as follows:

“Article 37. Power of Chairmen/Chairwomen of People’s Committees

1. Chairmen/Chairwomen of communal People’s Committees have the power to:

a) impose a fine of up to VND 5,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 10,000,000;

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2. Chairmen/Chairwomen of district-level People’s Committees have the power to:

a) impose a fine of up to VND 100,000,000;

b) suspend the practicing license;

c) confiscate exhibits of administrative violations;

d) enforce the remedial measures mentioned in Point dd and Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

3. Chairmen/Chairwomen of provincial People’s Committees have the power to:

a) impose a fine of up to VND 250,000,000;

b) suspend the practicing license;

c) confiscate exhibits of administrative violations;

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4. Article 38 is amended as follows:

“Article 38. Power of inspectors

1. Inspectors and persons authorized to perform specialized inspection tasks in the performance of their duty have power to:

a) impose a fine of up to VND 500,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 1,000,000;

c) enforce the remedial measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chief Inspectors of Provincial Department, chiefs of provincial inspectorates, Chief Inspector of Civil Aviation Authority of Vietnam and Chief Inspector of Vietnam Maritime Administration have the power to:

a) impose a fine of up to VND 50,000,000;

b) suspend the practicing license;

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d) enforce the remedial measures mentioned in Article 3 of this Decree.

3. Chiefs of ministerial inspectorates have the power to:

a) issue warnings;

b) impose a fine of up to VND 175,000,000;

c) suspend the practicing license.

d) confiscate exhibits of administrative violations, the value of which does not exceed VND 350,000,000;

dd) enforce the remedial measures mentioned in Article 3 of this Decree.

4. Ministerial Chief Inspector, Director General of Vietnam Maritime Administration, Director General of Civil Aviation Authority of Vietnam, Director General of Authority of Radio Frequency Management, Director General of Vietnam Telecommunications Authority, Director General of Authority of Broadcasting and Electronic Information, Director General of Agency of Press and Director General of Authority of Publication, Printing and Distribution have the power to:

a) impose a fine of up to VND 250,000,000;

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c) confiscate exhibits of administrative violations;

d) enforce the remedial measures mentioned in Article 3 of this Decree.”

5. Article 39 is amended as follows:

“Article 39. Power of the People's Public Security

1. Soldiers of the People’s Public Security in the performance of their duty have the power to impose a fine of up to VND 500,000.

2. Heads of company-level Mobile Police units, Station Heads and Team Leaders supervising the persons defined in Clause 1 of this Article have the power to impose a fine of up to VND 1,500,000.

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police, Majors of Mobile Police Battalions, and Captains of Squadrons have the power to:

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

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 5,000,000;

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4. District-level Police Chiefs; the Head of the Professional Division of the Internal Political Security Department; the Head of the Professional Division of the Police Department for Administrative Management of Social Order; the Head of the Professional Division of the Traffic Police Department; the Head of the Professional Division of the Department of Cybersecurity, Hi-tech Crime Prevention and Control; the Head of the Professional Division of the Immigration Department; the Chiefs of provincial Police Departments, including: Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for Administrative Management of Social Order, Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of Divisions Chiefs of Investigation Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of Mobile Police Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control Divisions, Chiefs of Immigration Divisions; Chief of Economic Security Divisions; Chiefs of External Security Divisions; Colonels of Mobile Police Regiments; Captains of Squadrons have the power to:

a) impose a fine of up to VND 25,000,000;

b) suspend the practicing license;

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000;

d) enforce the remedial measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

5. Directors of provincial Police Departments have the power to:

a) impose a fine of up to VND 100,000,000;

b) suspend the practicing license;

c) confiscate exhibits of administrative violations;

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6. Director General of the Internal Political Security Department; Director General of the Economic Security Department; Director General of the Police Department for Administrative Management of Social Order; Director General of the Investigation Police Department for Social Order Crimes; Director General of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director General of the Traffic Police Department; Director General of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director General of the Internal Security Department; Director General of Immigration Department and Commander of the Mobile Police have the power to:

a) impose a fine of up to VND 250,000,000;

b) suspend the practicing license;

c) confiscate exhibits of administrative violations;

d) enforce the remedial measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.”

6. Article 40a is amended as follows:

 “Article 40a. Power of the Border Guard

1. The leaders of Task Force Teams for drug and crime prevention and control which are put under the control of Task Force Commissions have the power to:

a) impose a fine of up to VND 10,000,000;

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c) enforce the remedial measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates have the power to:

a) impose a fine of up to VND 25,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

3. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command have the power to:

a) impose a fine of up to VND 100,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 200,000,000;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

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a) impose a fine of up to VND 250,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.”

7. Article 40b is amended as follows:

 “Article 40b. Power of the Coast Guard

1. Captains of coastguard teams have power to impose a fine of up to VND 5,000,000.

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

a) impose a fine of up to VND 10,000,000;

b) enforce the remedial measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

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a) impose a fine of up to VND 25,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this Decree.

4. Commanders in chief of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam have the power to:

a) impose a fine of up to VND 50,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 100,000,000;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this Decree.

5. Commanders of regional coastguard command centers and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:

a) impose a fine of up to VND 100,000,000;

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c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this Decree.

6. Commander of Vietnam Coast Guard has the power to:

a) impose a fine of up to VND 250,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this Decree”.

8. Article 40c is amended as follows:

 “Article 40c. Power of customs authorities

1. Directors of Customs Subdepartments, Directors of Post-clearance Inspection Subdepartments, Leaders of Control Teams of provincial, inter-provincial or central-affiliated city Customs Departments, Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas, Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention Department; Directors of Post-clearance Inspection Sub-departments as an affiliate of the Post-clearance Inspection Department have the power to:

a) impose a fine of up to VND 25,000,000;

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c) enforce the remedial measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

2. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments have the power to:

a) impose a fine of up to VND 50,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

3. The Director General of the General Department of Customs has the power to:

a) impose a fine of up to VND 250,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.”

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 “Article 40d. Power of market surveillance authorities

1. Market surveillance team leaders and Head of Professional Division under the control of the Market Surveillance Operations Department have the power to:

a) impose a fine of up to VND 25,000,000;

b) confiscate exhibits of administrative violations, the value of which does not exceed VND 50,000,000;

c) enforce the remedial measures mentioned in Points dd, e and g Clause 1 Article 28 of the Law on Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.

2. Directors of provincial Market Surveillance Departments and Director General of the Vietnam Directorate of Market Surveillance affiliated to the Vietnam Directorate of Market Surveillance have the power to:

a) impose a fine of up to VND 50,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Article 3 of this Decree.

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a) impose a fine of up to VND 250,000,000;

b) confiscate exhibits of administrative violations;

c) enforce the remedial measures mentioned in Article 3 of this Decree.”

Article 4. Amendments to some Articles of Government’s Decree No. 38/2021/ND-CP dated March 29, 2021 on penalties for administrative violations against regulations on cultural and advertising activities

1. Article 3a is added after Article 3 as follows:

 “Article 3a. Prescriptive time limits for imposing penalties for administrative violations

1. The prescriptive time limit for imposition of a penalty for an administrative violation against regulations on cultural and advertising activities shall be 01 year.

2. The dates which are used to determine the prescriptive time limits for imposing penalties for administrative violations against regulations on cultural and advertising activities are as follows:

a) For an in-progress administrative violation specified in Point a Clause 3 of this Article, the prescriptive time limit begins from the date on which that the competent law enforcement officer detects such violation;

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c) For a case where a penalty is imposed for an administrative violation committed by an organization or individual which is transferred by the competent person making the administrative violation record, the prescriptive time limit for imposition of a penalty therefor shall comply with Clause 1 of this Article and begin from the date in Point a or b of this Clause to the date on which the penalty imposition decision is issued.

3. In-progress administrative violations and completed administrative violations against regulations on cultural and advertising activities

a) In-progress administrative violation against regulations on cultural and advertising activities is a persistent violation which has been occurring at the time when it is discovered and penalized by the competent authority or competent person and has been directly infringing upon state management order;

b) Completed administrative violation against regulations on cultural and advertising activities is a violation which is committed one or more occasions and there are grounds and information proving that such violation had been completed before the competent authority or competent person discovered such violation.

4. Within the time limits specified in Clause 1 of this Article, if a violating person deliberately evades or militates against penalty imposition by a competent authority, the time limits shall be reset, starting from the time of abandonment of acts of evading or militating against penalty imposition.”

2. Clause 18 is added to Article 4 as follows:

“18. Compulsory return of permits for affiliation or partnership in film production or provision of film production services; written approval for art performance, written approval for competitions and festivals for performing arts; certificates of eligibility for provision of karaoke or discotheque services; permits to copy art works about cultural celebrities, national heroes or leaders; exhibition licenses; art exhibition permits; permits to build monuments and murals; permits for organizing sculpture camps; photography exhibition permits; certificates of eligibility for antique appraisal business; certificates of practicing of preservation, rehabilitation and restoration of monuments; certificates of eligibility for practicing of preservation, rehabilitation and restoration of monuments; establishment and operation certificates, establishment and operation licenses of foreign cultural institutions in Vietnam to the issuing authority.”

3. Point g is added to Clause 8 of Article 6 as follows:

“g) Compelling the return of the permit that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Point a Clause 2 of this Article.”

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“e) Compelling the return of the written approval that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Point b Clause 2 of this Article.”

5. Point c is added to Clause 10 of Article 15 as follows:

“c) Compelling the return of the permit that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Point c Clause 5 of this Article.”

6. Point i is added to Clause 7 of Article 17 as follows:

“i) Compelling the return of the permit that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Point b Clause 2 of this Article.”

7. Point h is added to Clause 8 of Article 18 as follows:

“h) Compelling the return of the permit that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Clause 2 of this Article.”

8. Point dd is added to Clause 8 of Article 19 as follows:

“dd) Compelling the return of the permit that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Clause 2 of this Article.”

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“c) Compelling the return of the certificate that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Clause 2 of this Article.”

10. Point c is added to Clause 6 of Article 22 as follows:

“c) Compelling the return of the practicing certificate that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Clause 3 of this Article.”

11. Point c is added to Clause 7 of Article 23 as follows:

“c) Compelling the return of the certificate that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Clause 2 of this Article.”

12. Clause 7 of Article 30 is amended as follows:

a) Compelling the revocation of the issued or re-issued establishment and operation certificate or establishment and operation license with respect to the violation specified in Point c Clause 2 of this Article;

b) Compelling the return of the certificate or license that is erased or altered to a degree that changes its information to the issuing authority with respect to the violation specified in Point b Clause 3 of this Article.”

13. Several Clauses of Article 38 are amended as follows:

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

a) Failure to notify or correctly notify contact information to the Ministry of Information and Communications about the contents prescribed by regulations of foreign organizations or individuals providing cross-border advertising services in Vietnam;

b) Failure to comply with regulations on reporting of provision of cross-border advertising services in Vietnam to the Ministry of Information and Communications.”

b) Clause 2a is added after Article 2 as follows:

 “2a. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for showing advertisements as part of the violations against law specified in Clause 1 Article 8 of the Cybersecurity Law and Article 28 of the Law on Intellectual Property.”

14. Several Clauses of Article 51 are amended as follows:

a) Clause 2 is amended as follows:

“2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to clearly read out one of the following information: cosmetic name; cosmetic claims and other warnings according to regulations when advertising cosmetics on audio or video newspapers.”

b) Point a of Clause 3 is amended as follows:

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15. Several Clauses of Article 52 are amended as follows:

a) Clause 1 is amended as follows:

“1. A fine ranging from VND 5,000,000 to VND 10,000,000 for failure to have or correctly write or clearly read out or display the warning saying “Thực phẩm này không phải là thuốc và không có tác dụng thay thế thuốc chữa bệnh” (“This food is not a medicine and does not substitute for a medicine”) when advertising dietary supplements.

b) Point b of Clause 2 is amended as follows:

“b) Advertising a food or food additive without one of the following information: name of the food or food additive; warnings about risks and warnings to illicit users according to one of the prescribed documents about functional foods; name and address of the organization and individual responsible for bringing the product to market;”

16. Clause 2 of Article 63 is amended as follows:

“2. Officials and public employees, people working for the People's Army and People's Public Security Forces; Border Guard officers; heads of border guard stations and leaders of the Border Guard soldiers; leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control; customs officers; Team Leaders, Group Leaders of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to provincial, inter-provincial or central-affiliated city Customs Departments; Leaders of Teams in Post-clearance Inspection Sub-departments, upon detection of any administrative violation against regulations on copyright and related rights, have the power to make an administrative violation record as prescribed by law.”

17. Article 64 is amended as follows:

“Article 64. Power of Chairmen/Chairwomen of People’s Committees

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a) issue warnings;

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

c) confiscate exhibits of administrative violations, the value of which does not exceed VND 10,000,000;

d) enforce the remedial measures mentioned in Points a, b and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chairmen/Chairwomen of district-level People’s Committees have the power to:

a) issue warnings;

b) impose a fine of up to VND 25,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 50,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

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3. Chairmen/Chairwomen of provincial People’s Committees have the power to:

a) issue warnings;

b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

18. Article 65 is amended as follows:

“Article 65. Power of inspectors

1. Inspectors and persons authorized to perform specialized inspection tasks in the performance of their duty have power to:

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

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 1,000,000;

d) enforce the remedial measures mentioned in Points a and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chief Inspectors of Provincial Departments, chiefs of provincial inspectorates; Chief Inspector of Vietnam Maritime Administration, Chief Inspector of Civil Aviation Authority of Vietnam, Directors of Sub-Departments of Food Safety and Hygiene under the control of Departments of Health, Directors of Regional Animal Health Offices, Directors of Regional Animal Quarantine Sub-Departments under Department of Animal Health, Directors of Regional Plant Quarantine Sub-Departments under the control of Plant Protection Department, Director of National Agro-Forestry-Fisheries Quality Assurance Department - Central Region Authority, Director of National Agro-Forestry-Fisheries Quality Assurance Department - Southern Region Authority under the control of National Agro-Forestry-Fisheries Quality Assurance Department, Directors of Sub-Departments for crop production, plant protection, livestock, animal health, fishery, quality control of agricultural, forestry and fishery products, irrigation, flood control systems, natural disaster management, forestry, rural development under the control of the Department of Agriculture and Rural Development and Directors of Regional Centers for Radio Frequency have the power to:

a) issue warnings;

b) impose a fine of up to VND 25,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 50,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 50,000,000 in the case of cultural activities; VND 100,000,000 in the case of advertising activities;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

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a) issue warnings;

b) impose a fine of up to VND 35,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 70,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 70,000,000 in the case of cultural activities; VND 140,000,000 in the case of advertising activities;

dd) enforce the remedial measures mentioned in Article 4 of this Decree.

4. Ministerial Chief Inspector, Director General of Directorate for Roads of Vietnam, Director General of General Department of Water Resources, Director General of General Department of Forestry, Director General of Directorate of Fisheries, Director General of General Department of Land Administration; Director General of Vietnam Railway Authority, Director General of Vietnam Inland Waterway Administration, Director General of Vietnam Maritime Administration; Director General of Civil Aviation Authority of Vietnam, Director General of Department of Animal Health, Director General of Plant Protection Department, Director General of Department of Crop Production, Director General of Department of Livestock Production, Director General of National Agro-Forestry-Fisheries Quality Assurance Department, Director General of Authority of Radio Frequency Management, Director General of Vietnam Telecommunications Authority, Director General of Authority of Broadcasting and Electronic Information, Director General of Agency of Press and Director General of Authority of Publication, Printing and Distribution, Director General of Drug Administration of Vietnam, Director General of Vietnam Administration of Medical Services, Director General of Health Environment Management Agency, Director General of General Department of Preventive Medicine and Director General of Vietnam Food Administration have the power to:

a) issue warnings;

b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

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dd) enforce the remedial measures mentioned in Article 4 of this Decree.”

19. Article 66 is amended as follows:

“Article 66. Power of the People's Public Security

1. Soldiers of the People’s Public Security in the performance of their duty have the power to:

a) issue warnings;

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

2. Heads of company-level Mobile Police units, Station Heads and Team Leaders supervising the persons defined in Clause 1 of this Article have the power to:

a) issue warnings;

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

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a) issue warnings;

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

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 5,000,000;

d) enforce the remedial measures mentioned in Points a and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

4. District-level Police Chiefs; the Chiefs of provincial Police Departments, including: Chiefs of Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of Internal Political Security Divisions, Chief of Economic Security Divisions, Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of Divisions Chiefs of Investigation Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of Police Divisions for Administrative Management of Social Order, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control Divisions, Chiefs of Immigration Divisions, Chiefs of External Security Divisions, Chiefs of Mobile Police Divisions, Colonels of Mobile Police Regiments and Captains of Squadrons have the power to:

a) issue warnings;

b) impose a fine of up to VND 10,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 20,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 20,000,000 in the case of cultural activities; VND 40,000,000 in the case of advertising activities;

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5. Directors of provincial Police Departments have the power to:

a) issue warnings;

b) impose a fine of up to VND 25,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 50,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

6. Director General of the Traffic Police Department; Director General of the Internal Political Security Department; Director General of the Economic Security Department; Director General of the Investigation Police Department for Social Order Crimes; Director General of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director General of the Police Department for Administrative Management of Social Order; Director General of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director General of Immigration Department and Commander of the Mobile Police have the power to:

a) issue warnings;

b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

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d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.”

20. Article 67 is amended as follows:

“Article 67. Power of the Border Guard

1. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates have the power to:

a) issue warnings;

b) impose a fine of up to VND 10,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 20,000,000 if an administrative violation against regulations on advertising activities is committed;

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 20,000,000 in the case of cultural activities; VND 40,000,000 in the case of advertising activities;

d) enforce the remedial measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

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a) issue warnings;

b) impose a fine of up to VND 25,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 50,000,000 if an administrative violation against regulations on advertising activities is committed;

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 50,000,000 in the case of cultural activities; VND 100,000,000 in the case of advertising activities;

d) enforce the remedial measures mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

3. Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command have the power to:

a) issue warnings;

b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

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21. Article 68 is amended as follows:

“Article 68. Power of the Coast Guard

1. Coastguard officers in the performance of their duty have power to:

a) issue warnings;

b) impose a fine of up to VND 1,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 1,500,000 if an administrative violation against regulations on advertising activities is committed;

2. Captains of coastguard teams have power to:

a) issue warnings;

b) impose a fine of up to VND 2,500,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 5,000,000 if an administrative violation against regulations on advertising activities is committed.

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

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b) impose a fine of up to VND 5,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 10,000,000 if an administrative violation against regulations on advertising activities is committed;

c) enforce the remedial measures mentioned in Points a and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

4. Commanders of coastguard platoons have power to:

a) issue warnings;

b) impose a fine of up to VND 10,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 20,000,000 if an administrative violation against regulations on advertising activities is committed;

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 20,000,000 in the case of cultural activities; VND 40,000,000 in the case of advertising activities;

d) enforce the remedial measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

5. Commanders in chief of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam have the power to:

a) issue warnings;

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c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 30,000,000 in the case of cultural activities; VND 60,000,000 in the case of advertising activities;

d) enforce the remedial measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

6. Commanders of regional coastguard command centers and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:

a) issue warnings;

b) impose a fine of up to VND 25,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 50,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

7. Commander of Vietnam Coast Guard has the power to:

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b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.”

22. Article 69 is amended as follows:

“Article 69. Power of customs authorities

1. Directors of Customs Subdepartments; Directors of Post-clearance Inspection Subdepartments, Leaders of Control Teams of provincial, inter-provincial or central-affiliated city Customs Departments; Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas and Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention Department; Directors of Post-clearance Inspection Sub-departments as an affiliate of the Post-clearance Inspection Department have the power to:

a) issue warnings;

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

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d) enforce the remedial measures mentioned in Points dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments have the power to:

a) issue warnings;

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

c) Suspend the license or practicing license or suspend the operation;

d) confiscate exhibits or instrumentalities used for committing administrative violations;

dd) enforce the remedial measures mentioned in Points dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

3. The Director General of the General Department of Customs has the power to:

a) issue warnings;

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c) confiscate exhibits or instrumentalities used for committing administrative violations;

d) enforce the remedial measures mentioned in Points dd, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.”

23. Article 70 is amended as follows:

“Article 70. Power of market surveillance authorities

1. Market surveillance team leaders and Head of Professional Division under the control of the Market Surveillance Operations Department have the power to:

a) issue warnings;

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

c) confiscate exhibits or instrumentalities used for committing administrative violations, the value of which does not exceed VND 50,000,000;

d) enforce the remedial measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

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a) issue warnings;

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

c) confiscate exhibits or instrumentalities used for committing administrative violations;

d) Suspend the license or practicing license or suspend the operation;

dd) enforce the remedial measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

3. The Director General of the Vietnam Directorate of Market Surveillance has the power to:

a) issue warnings;

b) impose a fine of up to VND 50,000,000 if an administrative violation against regulations on cultural activities is committed; impose a fine of up to VND 100,000,000 if an administrative violation against regulations on advertising activities is committed;

c) confiscate exhibits or instrumentalities used for committing administrative violations;

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dd) enforce the remedial measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law on Penalties for Administrative Violations.”

24. Article 71 is amended as follows:

“Article 71. Delegation of power to impose penalties for administrative violations

1. Chairmen/Chairwomen of People’s Committees at all levels shall impose penalties for the administrative violations specified in Chapters II and III of this Decree.

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

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

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

5. The customs authorities shall impose penalties for the administrative violations specified in Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Point dd Clause 7 Article 20 of this Decree.

6. The market surveillance authorities shall impose penalties for the administrative violations specified in Article 7; Clause 4 and Clause 5 Article 9; Article 13; Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article 18; Point dd Clause 7 Article 20; Clause 5 Article 21; Articles 31, 33 and 34; Points a and b Clause 1 Article 35; Article 36; Article 48 and Section 4 Chapter III of this Decree.

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8. Information and communications inspectors shall impose penalties for the administrative violations specified in Point b Clause 2 and Clause 5 Article 8; Section 1, Section 2 and Section 4 Chapter III of this Decree.

9. Healthcare inspectors shall impose penalties for the administrative violations specified in Section 1 Chapter III; Articles 49, 50, 51, 52, 53, 54, 55 and 56 of this Decree.

10. Agriculture and rural development inspectors shall impose penalties for the administrative violations specified in Section 1 Chapter III; acts of carrying out billboard and banenr advertising against regulations on dyke areas in Point c Clause 3 Article 42; Articles 49, 57, 58, 59, 60, 61 and 62 of this Circular.

11. Construction inspectors shall impose penalties for the administrative violations specified in Points b and c Clause 5 Article 17 of this Decree.

12. Transport inspectors shall impose penalties for the act of hanging, placing, pasting or drawing advertisements on utility poles in Clause 1, the act of carrying out advertising in a manner that affects traffic order and safety in Point b Clause 2, Article 34; the act of carrying out billboard and banner advertising without complying with regulations on ​​traffic safety corridors, the act of obscuring traffic lights, the act of blocking traffic roads as specified in Point c Clause 3 Article 42; Article 43; Clause 2 Article 44; Clause 2 Article 46 and Point b Clause 3 Article 48 of this Decree.

13. Labor, War Invalids and Social Affairs inspectors shall impose penalties for the administrative violations specified in Clause 4 Article 8; Point a Clause 5 Article 11; Article 32; Point c Clause 2, Point c Clause 4 Article 34; Point d Clause 2 Article 50 of this Decree.

14. Natural Resources and Environment inspectors specified in Point b Clause 7 Article 20 of this Decree.”

Article 5. Addition, replacement and repeal of several phrases, Points and Clauses in the Decrees No. 45/2019/ND-CP, No. 131/2013/ND-CP and No. 38/2021/ND-CP

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

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3. The following phrases in the Decrees No. 45/2019/ND-CP and No. 38/2021/ND-CP are replaced and added thereto:

a) The phrase “các điểm a, b, c, d, đ, e và g” (“Points a, b, c, d, dd, e and g”) is added before the phrase “khoản 4” (“Clause 4”) in Clause 8 Article 13 of the Decree No. 45/2019/ND-CP;

b) The phrase “tháo dỡ” (“dismantle”) in Points c and d Clause 7 Article 17; Point c Clause 9 Article 20 of the Decree No. 38/2021/ND-CP is replaced with “phá dỡ” (“destroy”).

c) The phrase “trừ trường hợp vi phạm các quy định về di sản thiên nhiên được quy định tại Luật bảo vệ môi trường” (“except for the violations against regulations on natural heritage sites specified in the Law on Environmental Protection”) is added after the phrase “danh lam thắng cảnh” (“landscapes”) in Points a and b Clause 7 Article 20 of the Decree No. 38/2021/ND-CP.

Article 6. Responsibility for implementation

1. The Ministry of Culture, Sports and Tourism shall preside over and cooperate with relevant ministries in organizing and providing guidelines for the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

Article 7. Implementation clause

1. This Decree comes into force from January 01, 2022.

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a) Regulations of this Decree shall apply to the administrative violations against regulations on tourism; sports; copyright and related rights; cultural and advertising activities which have been committed before the effective date of this Decree but are detected or being considered when this Decree takes effect if this Decree does not provide for legal liability or impose less serious legal liability.

b) If individuals or organizations that incur penalties still complain about the decisions on imposition of penalties for administrative violations issued or completely implemented before this Decree takes effect, the Decrees No. 45/2019/ND-CP, 46/2019/ND-CP, 131/2013/ND-CP, 28/2017/ND-CP and 38/2021/ND-CP shall apply./.

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




Vu Duc Dam

Nghị định 129/2021/NĐ-CP sửa đổi các Nghị định quy định xử phạt vi phạm hành chính trong lĩnh vực du lịch; thể thao; quyền tác giả, quyền liên quan; văn hóa và quảng cáo