LEGAL UPDATES VOL.02 (MAY 2021)

LEGAL UPDATES VOL.02

MAY, 2021

Dear Value Clients and Partners,

ADK Lawyers Law Firm would like to introduce to you the Vietnam Law Newsletter Vol.02 (May 2021) with new legal provisions with notable contents as follows:

1. Regulations on sanctioning of administrative violations in the field of culture and advertising

Based on inheriting the provisions of Decree No. 158/2013/ND-CP on sanctioning of administrative violations in the field of culture, sports, tourism and advertising, Decree No. 38/2021/ND-CP was issued by the Government on March 29, 2021, providing for the sanctioning of administrative violations in the field of culture and advertising.

1.1 Applicable object:

Vietnamese organizations and individuals committing administrative violations in the field of culture and advertising in Vietnam and abroad;

Foreign organizations and individuals committing administrative violations involving cultural and advertising within the territory of Vietnam;

Persons having authority to issue penalty notices or sanctioning authority, subject to this Decree.

1.2 Penalties

Main penalties: warning; monetary fine; suspension of activities for a definite time

Additional penalties: Confiscation of material evidence and means of administrative violations; suspend operations for a definite time; deprivation of the right to use licenses or practice certificates for a definite time.

There are also remedial measures, corresponding to each violation.

1.3 General regulations on fines

The maximum fine for an administrative violation in the cultural domain is VND 50,000,000 for an individual and VND 100,000,000 for an organization.

The maximum fine for an administrative violation in the field of advertising is VND 100,000,000 for individuals and VND 200,000,000 for organizations. Depending on the nature and severity of the violation, organizations and individuals have different penalties.

1.4 Some violations need special attention

1. About culture

- - Performing arts: performing acts inconsistent with traditional culture, age and gender as prescribed by law, and shall be fined from VND 25,000,000 to VND 30,000,000;

- - Acts of organizing beauty and model contests: without written consent, a fine ranging from VND 25,000,000 to VND 30,000,000 will be applied.

- - Regarding the organization of the festival, there is one of the following acts: burning incense or burning votive paper at the wrong place; swearing, swearing, insulting spirituality, affecting the solemn atmosphere of the festival, shall be subject to a warning or a fine of from VND 200,000 VND to VND 500,000;

- - Selling tickets, collecting money to attend the festival, having no toilet or having a toilet that does not meet the standards prescribed in the festival or relic area will be fined from VND 1,000,000 to VND 3,000,000;

- - A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: Providing discotheque services to persons under 18 years of age; business karaoke services outside the period from 8 hours to 24 hours per day; correcting, erasing, or adding to change the content of the license to be eligible for karaoke service business, discotheque service.

1. About advertising

- - A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for one of the following acts: advertising tobacco, advertising alcohol with an alcohol content of 15 degrees or more, advertising products, goods or other advertising services…

- - A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for hanging, placing, pasting, or drawing advertising products on electric poles, poles, traffic signal poles and trees in public places (except for specified at Point d Clause 3, Point b Clause 5 and Point b Clause 8, Article 12 of Decree No. 100/2019/ND-CP).

2. Regulations on employment service centers and employment service enterprises

Decree No. 23/2021/ND-CP issued by the Government on March 19, 2021, guiding the Employment Law on employment service centers and employment service enterprises, takes effect from June 1, 2021.

2.1 Subjects of application

Employment service centers established by decisions of ministers and heads of ministerial level agencies;

Employment service centers established by decisions of the Presidents of the People's Committees of the provinces and centrally run cities;

The employment service center shall be established under the decision of the head of the central socio-political organization.

Enterprises providing employment services according to the provisions of Clause 1, Article 39 of the Employment Law.

Other agencies, organizations and individuals directly related.

2.2 Conditions for establishment and licensing

Conditions of establishment

Having the objectives, functions and tasks of providing public non-business services in terms of employment;

According with the planning of employment service centers approved by competent authorities;

Having working offices or projects for allocation of land for the construction of offices already approved by competent authorities (in case of building new offices);

Having equipment used for performing the tasks specified in Article 7 of this Decree in accordance with the standards and norms of specialized machinery and equipment issued by competent authorities;

Having at least 15 persons working as civil servants;

The authority having competence in establishment shall provide funding for public employment services in accordance with the provisions of law.

Licensing conditions

Having premises for an employment service business’s main office or branches to organize employment service activities which are owned or rented permanently by the business under a contract having the term of 03 years (36 months) or more;

The business has already pledged VND 300,000,000 (Three hundred million Vietnam dong) as a security deposit;

Conditions for the legal representative of the enterprise performing employment service activities.

2. 3 Cases of revocation of operating licenses

Accordingly, the enterprise's license to provide employment services shall be revoked in the following cases:

Terminating employment services upon the business’s request;

The business is dissolved or is declared bankrupt under the Court’s decision;

Its Business Registration Certificate is revoked;

Letting other businesses, organizations or individuals use its license;

Being sanctioned for an administrative violation arising from employment services at least 3 times within a maximum period of 36 months from the date of the first sanction, or deliberately failing to comply with the sanctioning decision;

The enterprise commits acts of forging documents in the application file for issuance, renewal or reissuance of the license, or erasing or correcting the contents of the license already granted;

Failing to satisfy one of the conditions for granting employment service licenses;

The legal representative of the enterprise is a foreigner who is not eligible to work in Vietnam as prescribed in Article 151 of the Labor Code 2019.

We hope you found this brief legal update informative.

Best regards.

ADK & Co Vietnam Lawyers

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If you have or suspect that you may have a particular problem, you should contact us or your lawyer for specific advice on the matter.

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