Supplement and sharply increase all fines for violations in publication licenses in Vietnam from December 01, 2020

Currently, the publishing industry is one of the developing industries in Vietnam. However, to tighten the management of this activity, in the near future, all fines for violations in publication licenses will be supplemented and sharply increased from December 01, 2020.

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Specifically, according to Article 22 of Decree No. 119/2020/NĐ-CP (effective from December 01, 2020) of Vietnam’s Government on penalties for administrative violations in journalistic and publishing activities, violations in publication licenses, operating conditions of publication are stipulated as follows:

Violation

Fine

Additional penalty/Remedial measure

Failure to send a written notice to the Ministry of Information and Communications when the publisher's head office is relocated

VND 3,000,000 - VND 5,000,000

(completely new provision)

No

Failure to apply for re-issuance of a license for establishment of representative office of a foreign publisher or a foreign publishing organization in Vietnam when the license is lost or damaged

VND 3,000,000 - VND 5,000,000

(completely new provision)

No

Failure to amend the license for establishment of representative office in Vietnam of a foreign publisher or a foreign publishing organization when changing the representative office’s head, name, or activities

VND 3,000,000 - VND 5,000,000

(completely new provision)

No

Changing one of the following contents without replacement of license for establishment of publisher:

Change of the governing body, change of the name of publisher's governing body or the name of the publisher

VND 5,000,000 - VND 10,000,000

(A warning or a fine of VND 200,000 - VND 500,000 previously)

No

Change of the publisher's organization type

VND 5,000,000 - VND 10,000,000

(VND 1,000,000 - VND 3,000,000 previously)

No

Change of the principles, purposes, readers, and major publications of the publisher

VND 5,000,000 - VND 10,000,000

(VND 1,000,000 - VND 3,000,000 previously)

No

Failure to properly implement the content expressed in the license for establishment of publisher

VND 10,000,000 - VND 20,000,000

(VND 5,000,000 - VND 10,000,000 previously)

No

(suspension of license for 01 - 03 months previously)

Violations against regulations on operating conditions of publisher

VND 10,000,000 - VND 20,000,000

(VND 5,000,000 - VND 10,000,000 previously)

No

(suspension of license for 01 - 03 months previously)

Operating a representative office of the foreign publisher a foreign publishing organization in Vietnam but failure to meet requirements or properly implement the content expressed in the establishment license

VND 10,000,000 - VND 20,000,000

(VND 5,000,000 - VND 10,000,000 previously)

No

(suspension of license for 01 - 03 months previously)

Failure to terminate operation of the representative office when the foreign publisher or foreign publishing organization ceases operation, disbands, or goes bankrupt abroad

VND 20,000,000 - VND 30,000,000

(completely new provision)

No

Continuing to operate representative offices of the foreign publisher or foreign publishing organization in Vietnam but the license has expired

VND 30,000,000 - VND 50,000,000

(completely new provision)

No

Operating representative offices of the foreign publisher or foreign publishing organization in Vietnam without an establishment license

VND 50,000,000 - VND 100,000,000 (VND 70,000,000 - VND 100,000,000 previously)

No

Operating the publisher without a license for establishment of publisher

VND 140,000,000 - VND 200,000,000 (VND 70,000,000 - VND 100,000,000 previously)

Publications must be recalled and illegal benefits must be returned

Thus, from December 01, 2020, not only does it increase fines for violations in publication licenses, operating conditions of publication compared to regulations in Article 18 of Decree No. 159/2013/NĐ-CP (expired from December 01, 2020), but Decree No. 119/2020/NĐ-CP of Vietnam’s Government also supplements a number of violations that will be handled as administrative violations.

Le Vy

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