Vietnam: What is the competence to sanction administrative violations of Copyright and related rights of People’s Public Security?

According to Article 39 of the Decree No. 131/2013/NĐ-CP of Vietnam’s Government, the competence to sanction administrative violations of Copyright and related rights of People’s Public Security is as follows:

1. People's policemen on their duty have the right to impose a fine up to VND 500,000.

2. Heads of police posts and heads of people's policemen as prescribed in Clause 1 of this Article have the right to impose a fine up to VND 1,500,000.

3. Commune-level police heads, heads of police stations, and heads of border-gate or export-processing zone police posts have rights:

- To impose fine up to VND 2,500,000;

- Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

- To apply remedial measures specified in point dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. District-level police heads, Directors of provincial police sections including Directors of police sections for administrative management of social order, heads of police sections for investigation of social order-related crimes, directors of police sections for investigation of economic management order and position-related crimes, directors of Internal Political Security sections, directors of economic security sections, directors of cultural and thought security sections, directors of information security sections, directors of immigration management sections have rights:

- To impose fine up to VND 25,000,000;

- Confiscate the right to use the practice certificate with a defined term;

- Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

- To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

5. Directors of provincial-level Police Departments have rights:

- To impose fine up to VND 50,000,000;

- Confiscate the right to use the practice certificate with a defined term;

- Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

- To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

6. The director of Department of Internal Political Security, director of Department of Economic Security, Director of Department of cultural and thought security, director of Department of information security, director of the Police Department for Administrative Management of Social Order, the director of the Police Department for Investigation of Social Order-Related Crimes, the director of the Police Department for Investigation of Economic Management Order and Position-Related Crimes, the director of the Police Department for preventing and combating crimes using high technologies, the director of the Immigration Management Department have rights:

- To impose fine up to VND 250,000,000;

- Confiscate the right to use the practice certificate with a defined term;

- To confiscate material evidence used for committing acts of administrative violation;

- To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

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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