Decree No. 38/2021/ND-CP dated March 29th, 2021 of the Government on prescribing penalties for administrative violations involving cultural and advertising activities

This Decree still applies the maximum amount of fines imposed on an administrative violation arising from advertising activities of VND 100,000,000 (for an individual) and VND 200,000,000 (for an organization); administrative violation arising from cultural activities of VND 50,000,000 (for an individual) and VND 100,000,000 (for an organization).

However, fine levels imposed on many administrative violations shall be increased, such as:

- Rendering karaoke services outside the legitimate time frame (before 8 a.m and after 12 p.m): a fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed (the old fine level is ranging from VND 5,000,000 to VND 10,000,000).

- Opening discotheques outside the legitimate time frame (from 2 a.m to 8 a.m): a fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed (the old fine level is ranging from VND 10,000,000 to VND 15,000,000.

- Advertising products, goods and services subject to advertising prohibition such as cigarettes, alcohol, prescription drugs, etc.: a fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed (the old fine level is ranging from VND 40,000,000 to VND 50,000,000).

- Advertising in breach of laws on intellectual property: a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed (the old fine level up to VND 30,000,000).

- Especially, putting false advertisements about quality, trademark, origin of goods shall be imposed a fine ranging from VND 60,000,000 to VND 80,000,000 (the old fine level is ranging from VND 50,000,000 to VND 70,000,000).

Vietnamese entities and persons committing administrative violations involving cultural and advertising activities outside Vietnam shall be also sanctioned according to this Decree.

This Decree takes effect from June 1st, 2021.

To replace Decree No. 56/2006/ND-CP dated June 6th, 2006; Decree No. 158/2013/ND-CP dated November 12th, 2013; Article 2 Decree No. 28/2017/ND-CP dated March 20th, 2017; Clause 1 and Clause 3 Article 23 of Decree No. 115/2018/ND-CP dated September 4th, 2018.