04/02/2026

Starting from 15 February 2026: New administrative fine levels will apply for violations related to the use of sound recordings in commercial activities and broadcasting

On December 26, 2025, the Government issued Decree 341/2025/NĐ-CP regulating administrative sanctions for violations related to copyright and related rights. This Decree will take effect from February 15, 2026, and replaces Decree 131/2013/NĐ-CP.

Notably, although the overall fine framework in Decree 341 remains unchanged compared to Decree 131 (still a maximum of 250 million VND for individuals and 500 million VND for organizations), the fine levels for many violation acts have been significantly increased.

In particular, the act of using sound recordings in commercial activities and broadcasting without paying royalties to the rights holders, under Article 38 of Decree 341 (specifically in Clauses 2 to 4), may result in fines ranging from 10 to 80 million VND (increased from 5-50 million VND under Decree 131). In addition, remedial measures include forcing the violator to pay the rights holder the amount of unlawful profits obtained from the violation.

Full text of Article 38 of Decree 341:

"Article 38. Acts of violating regulations on cases of limitations on copyright and related rights

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of failing to provide the list and duration of works, sound recordings, and video recordings used as prescribed in Clause 2, Article 34 of Decree No. 17/2023/NĐ-CP.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to pay royalties to the copyright owner or related rights owner when using works that have been fixed by the copyright owner in sound recordings or video recordings published for commercial purposes, or published sound recordings or video recordings for commercial purposes, in restaurants, cafes, hotels, shops, supermarkets, entertainment and amusement areas, shopping centers; fitness clubs, health and beauty care centers, aviation, public transportation, and other business and commercial activities of a similar nature as prescribed in Clauses 1 and 2, Article 26 and Clauses 1 and 2, Article 33 of Law No. 50/2005/QH11, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, and Law No. 93/2025/QH15.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of failing to pay royalties to the copyright owner or related rights owner when using published works, sound recordings, or video recordings for commercial purposes for broadcasting as prescribed in Clauses 1 and 2, Article 26 and Clauses 1 and 2, Article 33 of Law No. 50/2005/QH11, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, and Law No. 93/2025/QH15.

4. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of failing to pay royalties to the copyright owner or related rights owner when using works that have been fixed by the copyright owner in sound recordings or video recordings published for commercial purposes, or published sound recordings or video recordings for commercial purposes, in karaoke service establishments, bars, nightclubs, and other business and commercial activities of a similar nature as prescribed in Clauses 1 and 2, Article 26 and Clauses 1 and 2, Article 33 of Law No. 50/2005/QH11, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, and Law No. 93/2025/QH15.

5. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of preventing or obstructing the dissemination or use of the National Flag, National Emblem, or National Anthem of the Socialist Republic of Vietnam when exercising copyright or related rights as prescribed.

6. Remedial measures:

a) Compelling the provision of the list and duration of works, sound recordings, and video recordings used for the violation specified in Clause 1 of this Article;

b) Compelling the payment to the copyright holder or related rights owner of the amount of unlawful profits obtained from committing the violations specified in Clauses 2, 3, and 4 of this Article in cases where unlawful profits arise;

c) Compelling the removal of measures preventing or obstructing the dissemination or use of the National Flag, National Emblem, or National Anthem of the Socialist Republic of Vietnam for the violation specified in Clause 5 of this Article."