Decree on sanctioning asministrative violations of copyright and related rights

This Decree provides administrative violations, sanctioning forms and levels, remedial measures, competence to make minutes of administrative violations and competence to sanction administrative violations of copyright and related rights...

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS OF COPYRIGHT AND RELATED RIGHTS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 20, 2012, Law on handling administrative violations;

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the November 29, 2005 Law on Intellectual Property and the June 19, 2009 Law amending and supplementing a number of articles of Law on Intellectual Property;

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

The Government promulgates Decree on sanctioning administrative violations of Copyright and related rights,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides administrative violations, sanctioning forms and levels, remedial measures, competence to make minutes of administrative violations and competence to sanction administrative violations of copyright and related rights.

2. Other administrative violations of copyright and related rights not specified in this Decree shall comply with provisions on other Government’s Decrees on sanctioning administrative violations in the relevant state management domains for sanction.

Article 2. Provision on fines bracket, fines competence for individuals and organizations

1. The maximum fine level in domain of Copyright and related rights for individuals will be VND 250,000,000, for organizations will be VND 500,000,000.

2. The fines bracket specified in Chapter II of this Decree is fines bracket applied to individuals, except for cases specified in Clauses 1, 2, 3 and 4 Article 5; Clause 1 and point b Clause 2 Article 7 of this Decree. For a same violation, fines bracket applicable to organizations will be equal to twice of the fines bracket applicable to individuals.

3. The competence to impose fines of titles defined in Chapter III of this Decree is the competence applied to individuals. The competence to impose fines for organizations shall be more than twice of the competence to impose for individuals.

Article 3. Remedial measures

Apart from remedial measures specified in points d, dd, e and g Clause 1 Article 28 of the Law on handling of administrative violations, individuals and organizations committing administrative violations of copyright and related rights may also be subject to one or many of the following remedies:

1. Forcible correction of author’s name, name of the work, name of performers;

2. Forcible withdrawal of certificate of copyright registration, certificate of related-right registration;

3. Forcibly removing copies of works, performances, phonograms, video recordings, or broadcasts which are infringed in electronic form, on internet and digital environment;

4. Forcible refund of royalties, remuneration, or material benefits obtained from committing violation, to copyright or related right holders.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES

Article 4. Violations of regulation on registration

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for failing to return a copyright or related right registration certificate after a competent agency has issued a decision invalidating or revoking it.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for declaring untruthfully papers, documents in dossier to be granted a copyright or related right registration certificate.

3. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for using a copyright or related right registration certificate after a competent agency has issued a decision invalidating or revoking it.

4. Remedial measures

Forcible withdrawal of copyright or related right registration certificate for violations specified in Clauses 1, 2, and 3 of this Article.

Article 5. Violations of regulations on operation of collective representative organizations involving Copyright and related rights

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for failing to execute the report regime about collective representative operation of Copyright and related rights to competent state agencies in accordance with regulations.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for carrying out activities outside the scope of the written entrustment contracts signed with copyright or related right holders.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for carrying out activities without the written entrustment contracts signed with copyright or related right holders.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for carrying out activities outside domains already licensed by competent state agency.

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for operating under the name of a collective representative organization of copyright and related rights.

6. Remedial measures:

Forcible refund of royalties, remuneration, or material benefits obtained from committing violations specified in Clauses 2, 3, 4 and 5 of this Article, to copyright or related right holders.

Article 6. Violations of regulations on assessment of copyright and related rights

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for conducting assessment of Copyright and related rights in case they should have refused assessment according to regulations.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for making untruthful assessment conclusions for self-seeking purposes.

3. Additional sanction form:

Deprivation of the right to use copyright or related right assessor cards, certificates of copyright or related right assessment organization for between 1thru 3 months, for violations specified in Clause 1 and Clause 2 of this Article.

Article 7. Violations of regulation on operation of consultancy and service organizations

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for failing to execute the report regime about operation of consultancy and service to competent state agencies in accordance with regulations.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the following violations:

a) Failing to satisfy conditions of heads of Copyright and related-right consultancy and service organizations in accordance with regulations;

b) Using persons who provide consultancy and services of Copyright and related rights but are not eligible in accordance with regulations.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for carrying out under the name of a consultancy and service organization activities of copyright and related-right consultancy and service.

Article 8. Acts of transporting, stockpiling the pirated goods

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for transporting goods produced without permission of the copyright or related right holders.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for stockpiling goods produced without permission of the copyright or related right holders.

3. Additional sanction form:

Confiscation of material evidence used for committing acts of violation specified in Clause 1 and Clause 2 of this Article. 

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