Vietnam: How much are fines for acts of infringing upon the right to apply technological solutions to self-protect related rights?

According to Article 38 of the Decree No. 131/2013/NĐ-CP of Vietnam’s Government, fines for acts of infringing upon the right to apply technological solutions to self-protect related rights are specified as follows:

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for disengaging or modifying right management information in electronic form without permission of the related right holder.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for intentionally canceling or deactivating technical solutions applied by the related right holder to protect his/ her/its related rights.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for broadcasting, distributing or importing for public distribution fixed performances and copies thereof or phonograms or video recordings with cancelled or modified right management information in electronic form without permission of the related right holder.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for producing, assembling, mutating, distributing, importing, exporting, selling or renting devices or system that help illegally decode encrypted program-carrying satellite signals.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for intentionally receiving or relaying encrypted program-carrying satellite signals without permission of the lawful distributor.

Concurrently, applying remedial measures as follows:

- Forcible re-export of material evidence used for committing acts of violation, for acts of import public distribution fixed performances and copies thereof or phonograms or video recordings with canceled or modified right management information in electronic form without permission of the related right holder and import devices or system that help illegally decode encrypted program-carrying satellite signals.

- Forcible destruction of material evidence used for committing acts of violation specified in Clauses 2, 3, 4 and 5 of this Article in case the remedial measure specified in point a of this Clause is not applied.

View more details at Decree No. 131/2013/NĐ-CP of Vietnam’s Government, effective from December 15, 2013.

Ty Na

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