The Lunar New Year is approaching, and the demand for lucky money envelopes is gradually increasing. Everyone hopes to receive beautiful and unique envelopes. Recently, it has been another victorious year for Vietnam on the football field, raising the question of whether images of the Vietnamese national team can be printed on lucky money envelopes.
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According to Article 32 of the Civil Code 2015, an individual has rights over their image. The use of an individual's image must be agreed upon by that person. In the case of using another person's image for commercial purposes, remuneration must be paid to the individual, unless there is an agreement to the contrary.
However, the law also stipulates two cases where the use of images does not require the individual's consent:
- The image is used for the benefit of the nation, ethnicity, or public interest;
- The image is used from public activities, including seminars, conferences, sports competitions, artistic performances, and other public activities, provided that it does not harm the honor, dignity, or reputation of the individual.
Therefore, if any organization or individual deliberately uses another person's image without their consent and it does not fall under the above two cases, they will be subject to administrative penalties.
In this instance, if any individual or organization uses the image of the Vietnam national football team to print on lucky money envelopes without their consent, they may be fined up to 30,000,000 VND.
To be specific, according to point b, clause 3, Article 51 of Decree 158/2013/ND-CP on administrative penalties in the fields of culture, sports, tourism, and advertising, a fine of 20,000,000 VND to 30,000,000 VND shall be imposed for the act of “Advertising by using the images, words, or writings of an individual without that individual's consent, except as permitted by law.”
In addition, clause 3, Article 32 of the Civil Code 2015 also stipulates that “the use of images in violation of this Article allows the individual to request the court to order the violator, relevant agencies, organizations, and individuals to revoke, destroy, cease the use of images, compensate for damages, and apply other handling measures according to the provisions of the law.”
Thus, according to the regulations of the Civil Code 2015 and Decree 158/2013/ND-CP, the unauthorized printing of images of the Vietnam national football team on lucky money envelopes is a legal violation and will be subject to administrative penalties as well as potential compensation for damages.
Lai Hue
