|
THE GOVERNMENT.
Numbers: 159 /2013/NĐ-CP
|
|
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013
|
DECREE
Q The authority to punish the administrative breach in the press operation, publish.
______________________
The Law base. I Ch. I'm On December 25, 200. 1 ()
The Law base. X Yeah. i It was released on June 20, 2012.
The Law base. B Shirt. I'm December 28, 2018 1 989; The amended law, added a s Stain. The rules. B Shirt. I'm June 12, 2015 1 999;
The Law base. S In my mind, on 29 May. 11 in 2005; Law amended, compleming certain provisions of the Law S in the intellectual right of June 19, 2009;
The Law base. X U All A 20-month copy. 11 in 2012;
At the recommendation of the Minister of Information i n and Media ()
The government issued a decree to punish the v. i It's a I'm In operation b Ah! o ch I'm published .
GENERAL REGULATION
1. This decree rules the behavior of violations, forms, penalty levels, consequences of remediation, the authority to compile and the authority to punish the administrative breach in press, publishing.
2. The administrative breach in the press operation, publishing a regulation in this decree includes:
a) The conduct of violation in press activity;
b) infringed behaviors in publishing activities;
c) violations of the report mode.
3. Administrative violations related to the press operation, unregulated publication at this Decree which rules in the United States government sanctions sanctions in other areas of state management, apply those regulations to sanctipate.
What? 2. The subject is sentenced to administrative violations
This decree applies to organizations, domestic and foreign individuals with administrative violations in journalism, publishing in Vietnam.
In addition to the remedied remediation measures at d, e, e, and i clause 1 Article 28 Administrative violation laws, other remediation measures prescribed at this decree include:
1. To recall a journalist card;
2. To return the vehicle, the unauthorized capture document of the journalist, the reporter;
3. To apologize;
4. To post, fully broadcast the concluding text of the state agency with jurisdiction;
5. To revoking the license, validation paper;
6. To recall newspaper products, print products, publication in violation of the laws of law;
7. To remove electronic publications in violation of the laws of law.
What? 4. Regulation of money for individuals, organizations
1. The maximum amount of fines in the press, publishing on the individual is 100,000,000, for the organization of 200,000,000.
2. The penalty rate stipulated at Chapter II This decree applies to individuals.
For the same administrative offense, the amount of money for the organization is equal to two times the amount of money for the individual.
3. Penal jurisdiction over the prescribed titles at Chapter III This decree is the authority applicable to the individual; for the organization by two times the jurisdiction of the fine against the individual.
THE ADMINISTRATIVE VIOLATION OF THE PRESS OPERATION, PUBLICATION, FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
M All right 1
ADMINISTRATIVE VIOLATION IN PRESS OPERATION
What? 5. Violation of the license regulations
1. Penituation of between 3,000,000 and 5 million coins for one of the following acts:
a) The execution is not specified in the license;
b) The operation of the press information without a license or not the correct program registered with the state authority has jurisdiction;
c) Operation the press information when the license has expired use;
d) Repo, remove the license.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Violation of regulations on the condition of the establishment of representative body, permanent body, the permanent office of the press office;
b) Published unlicensed newsletter;
c) Violation of the provisions of publication, circulating foreign information publications in Vietnam;
d) Violation of the regulations on display, photo, other forms of information outside the headquarters of the foreign representative body, the foreign organization;
Violations of the organization's organization, exhibitions, seminars, and other activities related to the press, foreign organizations in Vietnam, have invited Vietnamese citizens to attend.
3. Money from 10,000,000 to 20,000,000 to one of the following acts:
a) Release the press release but there is no license to the agency, the foreign organization in Vietnam;
b) The publication of the special, number of subs, which is open to the printing press; add the channel to the report, the report; add the page to the unlicensed electronic press;
c) Posted, published on the electronic screen without a license;
d) Do not be true, the purpose of writing in the press operation license.
4. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) The printing press, the report, the report, the electronic paper does not have a license to operate the press in accordance with the rules;
b) As a journalist for a press operation; the license to publish special, number, accessories; specialized license; license publishing license, document, pamphlet;
c) Use a fake license to operate the press.
5. Additional execution form:
The confiscation of the administrative offence on the behavior of regulation at point b and Point 2, point b and Point 3 and Clause 4 This.
What? 6. Violation of career practices, using a journalist card
1. Free $1,000,000 to 3,000,000 in one of the following acts:
a) For others to borrow a journalist card to operate the press;
b) Use another person ' s journalist card to operate the press;
c) The use of a journalist card has been corrected, deleted, expired using to operate the press;
d) The use of a foreign correspondent card issued by the Ministry of Foreign Affairs of Vietnam has expired use or the task does not carry a press operation when the press operation in Vietnam.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) The name of the journalist, the reporter for the press service;
b) Taking advantage of journalists, journalists to intervene, impede the legal action of the organization, personally.
3. Penituation from 5,000,000 to 10,000,000 partners for the conduct of the journalist, the reporter for the benefit of the journalist.
4. Measure corrects:
a) To revoking a journalist card to a specified behavior at Point 2, Clause 3 This;
b) Forced To Submit The Amount Of Illegal Gains That Are Available To The Prescribed Behavior At Paragraph 2 and Section 3 This.
What? 7. Behavior obstruction of law activity law
1. Money from 5,000,000 to 10,000,000 coins in the act of impede the law of the journalist, the reporter.
2. Penituation from 10,000,000 to 20,000,000 in honor of an insult to honor, the journalist's dignity, the reporter while working as a career.
3. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) the rape of the journalist, the reporter;
b) The destruction, intentional failure of the vehicle, the press operation document of the journalist, the reporter;
c) The vehicle's unauthorized capture of the vehicle, the press release document of the journalist, the reporter.
4. Measure corrects:
a) Accusing an error on the behavior of regulation at paragraph 2 and paragraph 3 This;
b) To return the vehicle, document operation document to the behavior of regulation at Point 3 This Article.
What? 8. Violation of information content
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) The source of the information or the institute to mislead the information upon posting, broadcast in the press;
b) Do not specify them, the real name or pseudonym of the author, the author group of the news, when used to post, play in the press;
c) Use the news, the post to post, broadcast in the press but do not know the real name, the author ' s address, the author group.
2. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Post, false information, but not seriously.
b) Illudising, unsuitable shortfall of information content that makes the reader misunderstand information content;
c) Subscription, information about the mysteries, new scientific issues in the journal of specialized research, but without the guidance of the material;
d) A secret personal secret without the consent of the person, except for another rule of law;
Published documents, personal letters of the individual without the consent of the legitimate owner of the document, that letter, except for other regulated law cases;
e) Subscription, personal release without the consent of the person, except for other regulated law cases.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Post, false information is a serious influence.
b) meticulous portrayal of adultery, slashing, killing, grisy accidents in the news, articles, photographs;
c) Subscription, information, articles, sexual immorality, nudum, unaesthetic, unsuitable, unsuitable for the uniform of Vietnamese customs;
d) Subscription, superstitiation, superstiination;
Posting, broadcasting information about the mysteries, new scientific issues that are not yet concluded on the publication are not specialized research journals;
e) Post, information about the relatives and personal relationships in the cases, the negative case when there is no base proving the relatives and those relationships related to the case, the negative or yet no conclusion of the state agency ' s conclusions could be found in the case. the authority;
g) Mining to post, broadcast documents, documents of the organization, documents, personal letters of individuals involved in the cases are in the process of investigation, prosecution, trial, negative cases or there are signs of violation of the law pending the conclusion of the body. State officials have jurisdiction, but does not specify the origin of the documents, documents, letters;
h) Use the Vietnamese map image but do not show or show no national sovereignty.
4. Money range from 10,000,000 to 20,000,000 to one of the following acts:
a) Published, published in Vietnam but failed to show or show no national sovereignty;
b) Subscription, slander, slander to insult honor, honor of the organization, honor, dignity of the individual.
5. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) Post, false information is very serious.
b) Subscription, incisor, violent, lewd, debauchal.
6. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) Posted, published works that have decided to ban circulation or confiscation;
b) Post, play media detrimental to national interests or cause loss of ethnic solidarity.
7. Additional execution form:
a) The confiscation of administrative violations against the behavior of regulations at point h 3, paragraph 4, 5 and 6;
b) The title of using a license from 1 to 3 months for a prescribed behavior at paragraph 5 and paragraph 6 This.
8. Measure corrects:
The main constraint, sorry for the prescribed behavior at points a, b, d, e and e paragraph 2, points a, e and g Clap 3, paragraph 4, 5 and 6 This.
What? 9. The regulations violation of the provision of information to the press and use of information by the press agency.
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) to provide information to the press of the organization, personally;
b) Do not execute a spokesperson and provide information to the press by regulation;
c) It is not true that the registration rules, the organization's statements, are related to the press.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) The misconception of the respondents interviewed in the press or not the correct content of information provided by the spokesman of the state administrative authority;
b) Do not make a request to review the interviewer's interview reply before posting, the content that answers the interview in the press;
c) Making false text content conclusions about the cases, the affairs of the state agency having jurisdiction when posting, broadcast in the press;
d) Use the idea of not intended to answer interviews at conferences, meetings, conversations, talks to move into an interview without the consent of the speakers;
) Providing untruthless information, false facts for the press.
3. Measure remediation:
a) Accusing errors and content refunds for the behavior of regulation at Point 2 This Article;
b) Accusing errors and post, full text content conclusion to the behavior of regulation at Point 2 This.
What? 10. Violation of the reform regulations in the press
1. Police charges or fines of between $200,000 and 500,000 on the conduct of an undefined reformation of the position, area, duration, size.
2. Money from 1,000,000 to 3,000,000 co-administrative acts are not exactly the same time.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Unreformable;
b) No posting, the conclusion of the state agency ' s conclusions about the information content that was published, misstated the truth in the press.
What? 11. Report on the press conference
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) a press conference but not prior notice by writing or notification is not correct in the specified time;
b) The press conference has the content that does not match the function, the mission and purpose of that organization.
2. Penitentiated from 10,000,000 to 20,000,000 people to a press conference but not granted by the state authority with written consent or were approved but suspended.
3. Money from 50,000,000 to $70,000,000 for a press release with false content, distorts, slander to insult the honor of the organization, honor, dignity of the individual.
4. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) a press conference with violent agitation, fornication, debauchum;
b) The press conference has a detrimental content to the national interest or the loss of ethnic solidarity.
5. Additional execution form:
Confiscation of administrative misconduct on the behavior of regulation at paragraph 3 and paragraph 4 This.
6. Measure corrects:
A public error is required by public information on the prescribed behavior at paragraph 3 and paragraph 4 This.
What? 12. Violation of the report on the presentation of the press product
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) Not to write enough or not write the correct content according to the presentation on the press product;
b) Page 1, cover 1 does not match the contents of the press product;
c) Change the homepage interface to the electronic paper when unauthorised by the state authority.
2. Form of additional sanctions:
Confiscation of administrative misconduct on the behavior of Article b 1 This Article.
What? 13. Violation of the release of press products
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) Do not write the sale price on the press product;
b) Sell internal circulation journalism.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) to release the release of the legal press product;
b) Sell the illegal import press product.
3. Money from 10,000,000 to 20,000,000 co-conduct of the release of the press product is not permitted to circulate or have a recall decision, confiscation.
4. Additional execution form:
The confiscation of administrative violations against the behavior of the specified behavior at point b 1, point b 2, Clause 3 This.
5. Measure corrects:
a) To recall or destroy the press product to the specified behavior at point b 1, point b 2, paragraph 3 This Article;
b) Forced To Submit The Amount Of Illegal Gains That Are Available To The Specified Behavior At Point b 1, Point 2, Clause 3 This.
What? 14. Violation of the regulatory infringement of the press product
1. Police charges or fines of between $200,000 and 500,000 in terms of filing on the non-location, time, number according to regulation.
2. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Not to file a press release;
b) The text, the record, the record was broadcast, the data that was broadcast on the network or the retention was not specified in the specified time.
What? 15. Violation of the export regulation, import of press
1. Money from 10,000,000 to 20,000,000 to the export of export, the import of the press has superstitiated content, not suitable for the Vietnamese customs.
2. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) Import of the press has a content violation of the law of Vietnam;
b) Export-published press release, the press, which decides to suspend print, ban traffic, confiscate, revoking, destroy newspapers whose content is not informed in the press.
3. Measure remediation:
a) Force to re-export or revoking or destroy the press product to the specified behavior at Clause 1 and Clause 2 This;
b) Forced To Submit The Amount Of Illegal Gains That Are Available To The Prescribed Behavior At Clause 1 and Article 2 This.
What? 16. Violation of the regulation of paying television operations management and recording live television signals from the satellite.
1. Penituation of between 3,000,000 and 5 million coins for one of the following acts:
a) Repair, the removal of the license, the certificate in the television operation paid and the recording of the television signal directly from the satellite;
b) The implementation is not valid in the license, the certificate in the television operation paid and the direct transmission of the television signal directly from the satellite.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Record foreign television signals directly from the satellite but there is no certificate;
b) Provide the program channel on the paid television service but there is no registration of a program channel catalog;
c) Do not install the name, the TV service icon paid on the program channel;
d) No registration of the name of the unit name provided on the paid television service at the request;
) Provides not on the category of film programs on the requested television service as required;
e) Sell, transfer, lease, borrow a license to provide paid TV services in all forms.
3. Money from 10,000,000 to 20,000,000 to one of the following acts:
a) The foreign program channel on the television pay is not the right rule of law;
b) Do not provide a program channel in the country that serves political duty, essential propaganda information.
4. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) Provides a foreign program into Vietnam for business purposes, but not through authorized agents in Vietnam;
b) The foreign program editor on television paid but without a license.
5. Money from 30,000,000 to 40,000,000 to one of the following acts:
a) Production of the domestic program channel for paid television does not have a license;
b) The broadcast of the foreign program on the pay television does not have a license;
c) Do not implement the foreign program channel on pay television;
d) Providing television services, offering programs, channels on the pay television that has content that is not informed in the press;
No sign of registration for a foreign program in Vietnam;
e) Do not transmit the program content integrity, the program channel provided by the unit that provides the content to rent the paid television;
g) Not to compile 100% of the story channel content and launch programs, documentation of aggregation channel, aggregation channel, sports channel, music channel.
6. Money from $70,000,000 to $100,000,000 for the provision of a pay-free TV service without a license.
7. Additional execution form:
a) The confiscation of administrative violations against the behavior of regulation at Point 5, paragraph 6 This Article;
b) The authority to use a license, a certificate from 1 to 3 months for the specified behavior at Point 1, Point 5 This Article.
8. Measure corrects:
a) Forced To Submit The Amount Of Illegal Gains On The Conduct Of Regulation At Point a 4, paragraph 5, and paragraph 6 This Article;
b) Accused a license to conduct a license on the behavior of regulation at Point 2 This.
What? 17. Violation of the link rules in the production of radio programming, television
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) Do not correct the specified content of the link registration certificate;
b) No written notice with the state agency with authority on the name, content, time, duration, broadcast channel of the link product; name, address of the link partner, the link form, the rights and obligations of the parties involved in the association. with the link product not the show channel, the periodic program.
2. Penituation from 1,000,000 to 3,000,000 people on the conduct does not perform a channel registration, time program, politics.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Perform the link activity but do not sign the bond contract;
b) The operation that is associated with the partner is not qualified by regulation.
4. Money range from 10,000,000 to 20,000,000 to one of the following acts:
a) The implementation of the link activity on the radio program, day television, politics;
b) The broadcast exceeds 30% of the total time the channel's first broadcast of the channel's programming in the time channel-the political-synthesis channel.
5. Money from 20,000,000 to 30,000,000 for the conduct of the operation that is associated with not being authorized by the state authority.
6. Additional execution form:
Confiscation of administrative violations against the behavior of Article 5.
M All right 2
ADMINISTRATIVE VIOLATION IN PUBLISHING OPERATION
What? 18. Violation of the regulation of permits, certificate of practice in publishing field
1. Police charges or fines of between 200,000 and 500,000 coins for non-employment procedures recommend a prescribed license exchange when changing the name of the governing body or the publisher or publisher name.
2. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Do not do the procedure to recommend a licensing of the prescribed license when changing the respect, purpose, subject of service, publication of the primary publication of the publisher;
b) Do not do the procedure to recommend a license-based license exchange when changing the publishing type of the publisher.
3. Money from 3,000,000 to $5,000,000 in one of the following acts:
a) Repo, the removal of the license, the decision to establish the publisher;
b) Use the editorial practice certificate to operate the target error;
c) Transfer in all forms, cleansing, repair of a non-business document publishing license, publishing certificate, publishing decision, editorial practice certificate.
4. Money from 5,000,000 to 10,000,000 partners for one of the following acts:
a) It is not true that the content is written in the publishing house permit;
b) The license to establish a publishing house in all forms;
c) Violation of the regulation on the operating conditions of the publisher;
d) The correct non-content activity in the license to the representative office of the foreign publisher in Vietnam.
5. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) The establishment of the publisher when there is no permit or decision established;
b) Founded the representative office of foreign publisher in Vietnam without a license.
6. Additional execution form:
The title used a license, a certificate of practice from 1 to 3 months for the specified behavior at Point a and point b 3, points a, c, and d Section 4 This.
7. Measure corrects:
The license recovery is required for the specified behavior at Point 3, point b Article 4 This.
What? 19. Violation of the procedure, procedures in the field of publishing
1. Free $1,000,000 to 3,000,000 in one of the following acts:
a) The publishing decision does not fully write the specified pattern;
b) Do not store the relevant draft editor records and documents of each publication by the specified product.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) No decision to publish for each publication;
b) To reveal, in the content of the work, published documents before the release of the author's rights, the owner of the copyright;
c) The decision to publish is not correct with the publication of the publishing registration for each publication.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Not to implement the appraisal of the work, the document by regulation or by the written requirements of the state authority with authority;
b) Do not implement the valuation of the export publication;
c) An increase in the retail export price but without the publisher ' s consent text;
d) Change or mislead the content publication content, documentation compared to the manuscript that was signed by the general manager (director) publisher or draft of the non-business document signed by the publication of the publication of the publishing license;
) Do not perform repairs, suspend the release, recall or dissipation of the publication when there is a decision by the general manager (director) of the publisher or the written request of the authority of the state authority;
e) There is no editorial practice but name the total editor, editor on the publication;
g) Export the untrue publication with the publication of the publishing registration of the competent state agency;
h) No decision to release the publication but released.
4. Money range from 10,000,000 to 20,000,000 to one of the following acts:
a) Export the publication without the publication of a publishing subscription or non-business publication license;
b) Export publication without publishing decision;
c) Do not edit the manuscript; do not sign the manuscript before you put in print or release on electronic media;
d) Export the publication before the author's approval text, the copyright holder in accordance with the rule of the law.
5. Additional execution form:
Confiscation of administrative misconduct on the behavior of regulation at point d and point 3, paragraph 4 This.
6. Measure corrects:
Forced to recall or destroy the publication of the specified behavior at Point 3 This Article.
What? 20. Violation of the content publishing content
1. Penituation from 10,000,000 to 20,000,000 to one of the following acts:
a) reveal the personal personal secrets of the individual and other secrets due to the rule of law;
b) The use of a map of Vietnam but does not show or represent no national sovereignty.
2. Money from 20,000,000 to 40,000,000 to one of the following acts:
a) dissemination of violent agitation, fornication, deprave, superstitiation, unsuitable for the pure Vietnamese style;
b) Vu, insulting the credibility of the agency, organization and honor, the dignity of the individual;
c) The wrong information is to invade the legal rights and interests of the organization, the individual.
3. Money from 50,000,000 to $70,000,000 for one of the following acts:
a) Publishing a map of Vietnam but does not show or express the untrue national sovereignty;
b) Transformation historical facts, deny revolutionary achievements; to offend people, identity, national heroes.
4. Money from $70,000,000 to 100,000,000 for the common behavior of information that is detrimental to the national interest or the loss of ethnic solidarity.
5. Additional execution form:
a) The confiscation of a funeral, the means of administrative violation of the behavior of regulations 1, 2, 3, and 4;
b) The suspension of the operation from 03 to 06 months for the specified behavior at Clause 3 and Section 4;
c) The title of using an editorial practice of 1 to 3 months for the prescribed behavior at 1, 2, 3 and 4 Articles.
6. Measure corrects:
a) Forcing the recovery or consumption of the publication of a given behavior at 1, 2, 3 and 4 Articles;
b) Accuse of an error on the specified behavior at Point 1, point b and Point 2, point b Clap 3 This.
What? 21. Violation of the presentation of presentation, illustration of the publication
1. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Write not enough or not correct information that must be written on the publication;
b) Using images, drawings, symbols, characters for presentation, illustrators of the publication do not match the content of the publication.
2. Free from 10,000,000 coins to 20,000,000 to the use of Vietnamese maps to present, illustrate the publication but not show or represent the untrue national sovereignty.
3. Additional execution form:
Confiscation of administrative violations against the behavior of the two things.
4. Measure corrects:
Force the recovery or consumption of the publication of the specified behavior at Clause 2 This.
What? 22. Violation of the submission of the filing of the manuscript and submission to the National Library of Vietnam
1. Police charges or fines of between $200,000 and 500,000 in behavior against the behavior of non-filing to the National Library by regulation.
2. Money from 3,000,000 to 5 million coins for a 10-day period is not expired but has been issued for each publication.
3. Money from 5 million to 10,000,000 coins for non-filed but issued for each publication, except for the specified case at Point 3 Article 23.
What? 23. violations of the regulation of links in publishing operation
1. Money from 1,000,000 to 3,000,000 contracts for contract signing behavior after the signing of the publication decision.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) The link publishes the work, document but without the written approval text of the author, the owner of the copyright;
b) The implementation with the partner is not qualified by regulation.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Not to submit the associated copy to the publisher to submit the prescribed value;
b) Do not recall the publication decision when the link partner violated the link contract;
c) Change or mismatch the content export content associated with the manuscript that was signed by the general manager (director) of the publisher.
4. Money range from 10,000,000 to 15,000,000 to one of the following acts:
a) The release of the link map when no decision is published;
b) The draft preliminary editor link to the work, the document that is not linked by regulation.
5. Money from 15,000,000 to 20,000,000 partners for non-contracting behavior in publishing.
6. Additional execution form:
a) The confiscation of administrative violations against the behavior of regulation at Point 3 This Article;
b) The title of using an editorial practice of 1 to 3 months for a specified behavior at point b 4 This.
What? 24. Violation of printing rules
1. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Not set or not fully writable in the notebooks, the publication of the publication of the publication, print, and the following in accordance with the specified print;
b) Do not save, manage the record of receiving the publication of the publication, the print product does not have to publish the prescribed product;
c) Not to do the procedure for a licensing of the license to print publication when there is a change in the name, address, branch establishment, split or merger of the print basis.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) Signature of the print contract but the amount of the amount shown in the contract exceeds the publication decision or published license;
b) Use the photocopy machine and other print devices to clone the press, publishing a piece for business purposes or extensive circulation;
c) In gold code but no registration confirmation of the state agency has jurisdiction over the type of gold code printed;
d) Repair, remove the printed operation license;
In products it is not a product publication but the printing facility is not eligible to operate by regulation.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) In publishing the non-manuscript content that was signed by the general manager (director) publisher or not correct in the draft content has been granted the publication license;
b) In is not true for the template, the manuscript that is printed on the product is not a publication;
c) Transfer the operating license in all forms.
4. Money range from 10,000,000 to 15,000,000 to one of the following acts:
a) In publishing, the press, anti-false stamps but the printed basis is not eligible to operate by regulation;
b) In publishing the item is not correct with the publication decision or published license;
c) It is not true that the contents of the print operation permit are granted by the state authority.
5. Penituation from 15,000,000 to 20,000,000 to one of the following acts:
a) In publishing, newspapers, anti-false stamps and products are not published but there is no printing contract;
b) The print contract is not correct for the specified or not correct content that is published or is not properly published.
6. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) Using a photocopy machine and other printed devices to clone the press, publishing a piece, the print product does not have to publish a copy of the tablout;
b) In unlicensed press publication;
c) In proof of letters, passports, documents, certificates of the national education system and other state management papers but there is no approved text of the specialized state governing body, the agency, the certificate organization, or no template given by the body. The state of the state has the authority to confirm;
d) In the label of goods, packaging but without a template produced by the production facility named in confirmation or without the correct business registration certificate, the state agency's papers have jurisdiction;
In anti-fake stamps but no samples were given by the state authority or of the organization, the individual producing the goods confirmed.
7. Money range from 30,000,000 to 40,000,000 to one of the following acts:
a) In publishing an undecided publication;
b) In non-business documents do not have a publishing license;
c) In the publication of the publication, the product is not export to the foreign country without a public print license.
8. Money range from 70,000,000 to 100,000,000 to one of the following acts:
a) In, the press release of the press, publication of the decision to recall, confiscate, destroy, or have the content prohibited in publishing and not information in the press;
b) In publishing, the press, anti-counterfeit stamps do not have a print operation permit issued by the state authority;
c) In products that do not have to publish laws banning circulation, unless the case is allowed to print public for foreign countries for export;
d) In, the unauthorized personnel of the state secret catalog, personal personal secrets and other secrecy by law.
9. Additional execution form:
a) The confiscation of the burial, the means of administrative violation of the prescribed behavior at point c and point 2, point a and point b Clause 3, Clause 4, 5, 6, 7 and 8 This.
b) The authority to use a license from 1 to 3 months for the specified behavior at Clause 7 This Article;
c) The suspension works from 09 to 12 months for the specified behavior at Section 8 This.
10. Measure corrects:
a) force the recovery or destruction of the product in the specified behavior at point b and Point 2, point a and point b Clap 3, point b 4, Points a 5, Clause 6, 7 and 8;
b) Forcing the license to be revoked for a specified behavior at Point 3 This Article.
What? 25. Violation of the printing rules
1. Penituation of between 3,000,000 and 5 million coins for one of the following acts:
a) In publishing the volume exceeds the number of records in the publication decision or published license, the public print license for foreign countries under 30 cities;
b) In the product does not have to export the volume beyond the number of records in the contract or the public print license for foreign countries under 100 cities.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) In publishing the volume exceeds the number of records in the publication decision or published license, the public print license for foreign countries from 30 to under 100 cities;
b) In product does not have to export the volume beyond the number of records in the contract or the public print license for foreign countries from 100 to under 300 cities.
3. Money from 10,000,000 to 20,000,000 to one of the following acts:
a) In publishing the volume exceeds the number of records in the publication decision or published license, the public print license for foreign countries from 100 to under 300 cities;
b) In the product does not have to export the volume beyond the number of records in the contract or the public print license for foreign countries from 300 to under 500 products.
4. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) In publishing the volume exceeds the number of records in the publication decision or published license, the public print license for foreign countries from 300 to 500 cities;
b) In product does not have to export the volume beyond the number of records in the contract or the public print license for foreign countries from 500 to 1,000 products.
5. Money from 30,000,000 to $50,000,000 on one of the following acts:
a) In publishing the volume exceeds the number of records in the publication decision or published license, the public print license to foreign countries from over 500 cities;
b) In product does not have to export the volume beyond the number of records in the contract or the public print license for foreign countries from over 1,000 products.
6. Additional execution form:
a) The confiscation of the burial, the means of administrative violation on the behavior of regulations 1, 2, 3, 4 and 5 This;
b) The suspension works from 1 to 3 months for the specified behavior at Section 5 This.
7. Measure corrects:
a) Force the recovery or destruction of the printed product on regulatory behavior at 1, 2, 3, 4 and 5 Articles;
b) Forced To Submit The Amount Of Illegal Gains on the behavior of regulation at 1, 2, 3, 4 and 5 Articles.
What? 26. Violation of the regulations on imports, registration, using the color photocopy machine
1. Money from 3,000,000 to 5,000,000 people on unregistered behavior or not re-register the use of a color photocopier with a competent state agency.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Import of the color photocopy machine but without the import permit of the state agency with jurisdiction;
b) The use of a non-purpose color photocopy machine registered with the state authority has jurisdiction.
3. Money from 10,000,000 to 20,000,000 to one of the following acts:
a) Using a color photocopy machine;
b) The use of a color photocopy machine to clone a product or product is not published in a copyright infringement of the law.
4. Additional execution form:
Confiscation of administrative violations against the behavior of Article 3.
5. Measure corrects:
Repayment of illegal benefits is subject to regulatory behavior at Clause 3 This.
What? 27. Violation of the regulation of storage, publishing of the product and print product is not the publication.
1. Free $1,000,000 to 3,000,000 in one of the following acts:
a) Archives, release, print publication, pirated clone, copy, print unauthorized print or publication without invoice, certificate of legal origin of less than 50 copies;
b) Sales of a non-business or internal circulation;
c) Release the publication but do not register activities with the state authority with jurisdiction or ineligible under-regulation.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) The archive, the release of print publication, pirated replicas, false printing, unauthorized print or publication without invoice, evidence from a legal origin of 50 to less than 100 copies;
b) The exhibition of the exhibition, the publishing fair that has no license or execution is not correct in writing in the license;
c) The unauthorized release of printed products is not a publication.
3. Penituation from 5,000,000 to 10,000,000 in one of the following acts:
a) Transfer, exfoliation of exhibition organization, book fair;
b) The correct non-content activity in the license to the representative office of the publishing organization publishes foreign publications in Vietnam.
4. Money range from 10,000,000 to 20,000,000 to one of the following acts:
a) Gallery, release of imported or unauthorized publication;
b) The archive, the release of the suspended publication, has a decision to recall, confiscate, ban circulation, destroy;
c) The archive, the release of print publication, pirated replicas, false printing, unauthorized print or publication without invoice, the certificate from a legal origin of 100 to less than 300 copies;
d) The unauthorized release of the publication, the print product was not published in public print for foreign countries in the territory of Vietnam.
5. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) The archive, the release of print publication, pirated replicas, false printing, unauthorized print or publication without invoice, evidence from the legal origins of 300 or more;
b) The archive, the publication of the publication of the banned content in the operation of publishing;
c) The establishment of the representative office of the publishing organization of foreign publications in Vietnam without a license;
d) To present or sell in the exhibition, the fair publication of the publication of the unauthorized publication, export of unauthorized imports, publication of the unlicensed publication, publication of a recall decision, confiscation or publication of the banned content in the operation. publish;
No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.
6. Additional execution form:
a) The confiscation of the burial, the means of administrative violation of the prescribed behavior at point a and point b 1, Clause 2, Clause 4, points a, b and d 5 This Article;
b) The suspension works from 09 to 12 months for the specified behavior at Point 5 This Article;
c) The deportation to the behavior of regulation at Point 5 This Article;
d) The authority to use a license from 1 to 3 months for a prescribed behavior at B Point 3 This.
7. Measure corrects:
a) To recall or destroy the publication of the product, the print product is not a publication to the specified behavior at Point a and point b 1, Point a and Point 2, Clause 4, points a, b and d 5 This Article;
b) Forcing back the amount of illegal gains that are available to the prescribed behavior at Point a and Point 2, Clause 4, points a, b and d 5 This Article;
c) Forcing the license to be revoked for the behavior of the specified behavior at Section 3 This.
What? 28. Violation of export regulations, import export
1. Revenue from 3,000,000 to $5,000,000 for repairs, cleaning up the certificate of entry to the sale of a license to business, the license to import non-business goods, the license to operate the export business.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Import of a non-business product export but does not have an import license or is not correct in writing in the license;
b) No re-export after use for imported goods is a document serving the seminar, the international conference in Vietnam has been granted by the authorities of Vietnam to allow for the organization or property of the agency, organization, family, individual for use in the country. -
c) No import procedure for publication of the standard of baggage carried by the person of the entry to use for personal needs or given to the agency, the organization, the individual sent through the post office, the transfer service has a value beyond standard. By statute;
d) Transfer in all forms of paper certificates importing the export of goods to business, non-business export import license, business operating license import business.
3. Money from 10,000,000 to 20,000,000 to one of the following acts:
a) Business operations import export, but there is not sufficient operating conditions under the regulation after being licensed by the state authority;
b) Import the export to business but do not subscribe to the specified import;
c) Non-appraisal of the contents of the imported items before the release;
d) The publishing business is imported from the non-business type.
4. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) Import of the published content of prohibited content under the rule of law;
b) Export the publication of the published, unauthorized print; publication of the decision to suspend print, suspension of release, prohibition of circulation, confiscation, recall, destruction, publication of prohibited content in publishing;
c) Business operations import export but without a license.
5. Additional execution form:
a) The confiscation of administrative violations against the prescribed behavior at points b, c, and d Clap 3, paragraph 4 This Article;
b) The authority to use a license from 1 to 3 months for the specified behavior at Clause 1 and paragraph 3 This Article;
c) The suspension works from 06 to 9 months for the specified behavior at Point a and Point 4 This Article 4.
6. Measure corrects:
a) Force to re-export or recover or destroy the publication of the prescribed behavior at points a, b and c 2, points b, c and d Clap 3, Clause 4 This;
b) To recall a license, a certificate of entry into the export of the license to the business for the behavior of the specified behavior at Point 2 This.
What? 29. Violation of the regulation of publishing and publishing of electronic publication
1. Penituation of between 3,000,000 and 5 million coins for one of the following acts:
a) Publishing, the release of an electronic publication without a device and technical manpower in accordance with the laws of telecommunications, information technology, e-commerce, electronic transactions and other provisions of relevant legislation;
b) There is no prescribed technical measure to prevent replication, illegal meddling in the content of electronic publication;
c) Do not properly implement the laws of intellectual property or without the agency, organization, individuals who use the service must make the correct implementation of intellectual property upon the release of the electronic publication.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Publishing, the release of the electronic publication on the Internet without the name of the Internet of Vietnam in accordance with the rule of law;
b) Do not register for publication, release of an electronic publication with a state agency with a prescribed jurisdiction;
c) Publishing, the release of the electronic publication before the written approval text of the author, the owner of the copyright;
d) To convert electronic copies to print publications in order to populate many people but did not execute the rules;
It does not take technical measures to prevent interference in the publication of the publication or the removal of the available infringed by the state agency.
3. Additional execution form:
Confiscation of animals, the means of administrative violation of the behavior of regulation at point b and point 2 This.
4. Measure corrects:
Charges to remove electronic copies of the specified behavior at point b 1, point 2 This.
M All right 3
ADMINISTRATIVE VIOLATION OF REPORT MODE
What? 30. Violation of the report regime
1. Police charges or fines of between 200,000 and 500,000 in one of the following acts:
a) No written notice with the state authority has jurisdiction when changing the headquarters of the press agency, the representative body, the permanent body, the permanent office of the press agency, the publisher;
b) No written notice with the state authority has jurisdiction over the establishment, suspension of representative agency, permanent body, the resident office of the press office; to send, suspend the activities of the permanent correspondent;
c) No written notice with the state agency has jurisdiction when changing its representative office headquarters in Vietnam by foreign publisher, the organization of foreign publications;
d) No written notice and send records when changing the address, director or owner of the print facility with the state authority with authority.
2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) Not to implement the report, the process or report, the untrue content, the deadline and the requirements of the state authority to have jurisdiction;
b) Not to report to the state agency with jurisdiction when the discovery of the release of the release, the printed product has a prohibited content in publishing operation;
c) Do not take responsibility for reporting the provision of paid television services;
d) No written notice for the state authority to be competent when publishing an advert.
3. Penitentiated from 5,000,000 to 10,000,000 coins for reporting behavior, the non-honest solution by regulation or at the request of the authority of the state authority.
THE AUTHORITY TO COMPILE THE ADMINISTRATIVE BREACH AND SANCTIPATE ADMINISTRATIVE VIOLATIONS
What? 31. The jurisdiction sanctions the administrative breach of the Inspector of Information and Media.
1. Ombudman, inspector general of the Information and Information industry who is enforcement of the right:
a)
b)
c) The confiscation of the animal, the administrative violation, is worth $500,000;
d) Perform the regulatory rights at Clause 3, Article 125 Administrative violation laws.
2. Chief Inspector of Information and Media, Head of the Inspector General of Information and Senior Media, Head of the Department of Professional Inspects of the Department of Journalism, Department of Radio, Television and Electronic Information, Department of Publication, Printing and Release available. Jurisdiction:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d)
The application of the remediation measures is specified in Article 3 of this decree;
e) Perform the regulatory rights at Clause 3, Article 125 Administrative breach of the administrative breach.
Chief Inspector of Information and Communications Department performs the jurisdiction of the administrative breach in the press operation, published for organizations, individuals within the state management range of the People's Committee on the same level; the exercise of a violation of the breach. It is the administrative body of the press, the publisher of the central and other localities operating locally when commissioned.
3. Chief Inspector General of the Ministry of Information and Communication with authority:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d) The confiscation of the animal, the administrative violation, is worth $70,000,000;
The application of the remediation measures is specified in Article 3 of this decree;
e) Perform the regulatory rights at Clause 3, Article 125 Administrative breach of the administrative breach.
4. Chief Inspector of Information and Communications Department, Director of the Press Department, Director of the Bureau of Radio, Television and Electronic Information, Department of Publication, In and Released Competent:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d)
The application of the remediation measures is specified in Article 3 of this decree;
e) Perform the regulatory rights at Clause 3, Article 125 Administrative breach of the administrative breach.
What? 32. The trial authority of the other specialized inspector
Within the jurisdiction of the state governing state regulated by the Government, inspectors, professional inspector general, inspector general, chief inspector, chief of the agency, the officer of the body is given the function of another specialized inspector. As a result of the administrative breach in the press operation, the publication is specified at this decree in the field of state management.
What? 33. Chairman of the Chairman of the People ' s Committee
1. The chairman of the district-level civil committee has jurisdiction:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d)
The application of the remediation measures is specified in Article 3 of this decree;
e) Perform the regulatory rights at Clause 3, Article 125 Administrative breach of the administrative breach.
2. The chairman of the Provincial People ' s Provincial Committee has the authority:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d)
The application of the remediation measures is specified in Article 3 of this decree;
e) Perform the regulatory rights at Clause 3, Article 125 Administrative breach of the administrative breach.
What? 34. People ' s Court of Sanctions, Border Patrol, Sea Police, Customs, Tax Authority, Market Management, Ministry of Public Affairs
The People ' s Public Security, Border Guard, Sea Police, Customs, Tax Authority, Market Management has jurisdiction over regulatory authority at the provisions of 39, 40, 41, 42, 44 and 45 Administrative violations of the administrative breach of administrative violations in the case. Press service, publishing is directly related to the field of management that is regulated at this Decree.
What? 35. The authority to compile administrative violations
The person with the authority to compile the administrative breach in the press operation, published as the person with the authority to sanctiate regulations at articles 31, 32, 33 and 34 This decree and the public, the officer who is running the service, the mission in the press operation, published.
EXECUTION CLAUSE
1. This decree has been in effect since 1 January 2014.
2. Decree 02 /2011/NĐ-CP January 6, 2011, the government rules out the administrative violation in the press operation, publishing its full effect since the date of this decree taking effect.
What? 37. The transition clause
For administrative violation of the press operation, publishing occurs before the date of the Decree which takes effect, which is then newly discovered or is reviewing, which applies the rules that are beneficial to the organization, the individual violated.
Ministers, the head of the office. The Chief Minister of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee is responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
|||
Prime Minister |
|||
(signed) |
|||
Dao Dung |
|||
