THE GOVERNMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 15/2020/ND-CP
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Hanoi, February
03, 2020
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON POSTAL SERVICES,
TELECOMMUNICATIONS, RADIO FREQUENCIES, INFORMATION TECHNOLOGY AND ELECTRONIC
TRANSACTIONS
Pursuant to the Law on Organization of
Government dated June 19, 2015;
Pursuant to the Law on Penalties for
Administrative Violations dated June 20, 2012;
Pursuant to the Law on Postal Services dated
June 17, 2010;
Pursuant to the Law on Telecommunications dated
November 23, 2009;
Pursuant to the Law on Radio Frequencies dated
November 23, 2009;
Pursuant to the Law on Information Technology
dated June 29, 2006;
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Pursuant to the Law on Electronic Transactions
dated November 29, 2005;
At the request of the Minister of Information and
Communications;
The Government promulgates this Decree
prescribing penalties for administrative violations against regulations on postal
services, telecommunications, radio frequencies, information technology and
electronic transactions.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, penalties, fines, remedial measures, the power to record
administrative violations and the power to impose penalties against
administrative violations in the following sectors:
a) Postal services;
b) Telecommunications, including trade in
telecommunications services; establishment of telecommunications networks and
provision of telecommunications services; planning, design, construction and
operation of telecommunications facilities; planning, management and use of
telecommunications and internet resources; management of telecommunications
quality and services;
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d) Information technology (IT), including IT
industry; investment and procurement; cyberinformation security; prevention of
spam emails and messages; social networks, websites, online and public
electronic gaming services;
dd) Electronic transactions.
2. Administrative violations in other state
management sectors that are related to the sectors specified in Clause 1 of
this Article but are not prescribed in this Decree shall be handled according
to Decrees on penalties for administrative violations in corresponding sector.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and
individuals (hereinafter referred to as “entities”) that commit administrative
violations specified in this Decree.
2. Organizations incurring penalties as prescribed
herein include:
a) Enterprises operating in postal services,
telecommunications, radio frequencies, information technology and electronic
transactions;
b) Providers of postal services, telecommunications
services and online gaming services;
c) Organizations acting as Internet agencies;
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dd) Points of telecommunications services
(hereinafter referred to as “POS”); points of public electronic gaming
services;
e) Public Internet access points;
g) Providers of cellular network-based information
services;
h) Entities operating in radio and television
broadcasting with use of radio frequencies;
i) Administrative units, social organizations and
socio-political organizations that use radio frequencies;
k) Non-governmental organizations (NGOs) that use
radio frequencies;
l) Domain name registrars;
m) Information system operators;
n) Regulatory authorities committing violations
that are not related to their assigned management tasks;
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Article 3. Penalties and
remedial measures
1. Primary penalties:
a) Warnings;
b) Fines.
2. Depending on the nature and severity of each
administrative violation, the violating entity may face one or some of the
following additional penalties:
a) The following license shall be suspended for a
fixed period of 01-24 months: Postal service license, telecommunications
license, license for establishment of telecommunications network, submarine
cable installation license, license to use radio frequencies, license for
trading in cyberinformation security products and services, license for
establishment of social network, license to provide G1 gaming services, license
to provide public digital signature certification services, and practicing
license/certificate.
b) The exhibits and instrumentalities used for
committing administrative violations in postal services, telecommunications,
radio frequencies, IT and electronic transactions sectors shall be confiscated;
c) The violating entity’s operation shall be
suspended for a fixed period of 01 - 24 months;
d) Deportation.
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a) Enforced return of total amounts subscribed to
primary accounts of Subscriber Identity Modules (SIM). If it is unable to
determine the exact amounts of money paid to SIM cards, the amount payable on
each SIM shall be calculated by adopting the following formula: VND 100,000 x
the number of months in which the violation occurs;
b) Enforced repurposing or recycling;
c) Enforced recall of subscriber numbers, prefixes
and telecommunications numbers;
d) Enforced recall of Internet resources, Internet
Protocol (IP) addresses and Autonomous System Number (ASN);
dd) Enforced recall of management codes,
service-providing codes;
e) Enforced return of IP addresses, ASNs and domain
names;
g) Enforced return of fees for use of radio
frequencies for the period during which radio frequencies have been used
without a valid license or for unlicensed operations or with unlicensed
transmission method;
h) Enforced return of radio operator certificates;
i) Enforced return of postal items;
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l) Enforced re-export of articles and/or goods
prohibited from import/postage stamps;
m) Enforced recovery of improperly spent funding;
n) Enforced invalidation of results of auction of
rights to use radio frequencies;
o) Enforced return of written permission for
processing/repair of used IT products;
p) Enforced removal of incorrect or misleading
information or information infringing laws.
q) Proposed revocation of license due to the
commission of violation.
r) Enforced return of written certification of
notification of postal operations.
Article 4. Fines and power to
impose fines
1. The maximum fine for an administrative violation
in postal services or electronic transactions sector imposed upon an individual
is VND 40,000,000.
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3. The fines prescribed in Chapter II to Chapter
VII hereof are imposed for administrative violations committed by
organizations, except the administrative violations mentioned in Article 106
hereof. The fine imposed on an individual shall be half the one imposed on an
organization for committing the same violation.
4. The fines imposed by the competent persons
prescribed in Chapter VIII hereof are incurred by organizations; the fine that
a competent person may impose upon an individual shall be half the one he/she
imposes on an organization for the same violation.
Chapter II
ADMINISTRATIVE
VIOLATIONS IN POSTAL SERVICES SECTOR, PENALTIES AND REMEDIAL MEASURES
Article 5. Violations against
regulations on postal service license
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for improperly notifying the postal service
authority of any changes in the postal service license as regulated.
2. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for failure to notify the postal service authority
of any changes in the postal service license as regulated.
3. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing postal services against the postal
service license;
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c) Failing to maintain the minimum capital as
regulated by law.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing postal services without the postal
service license granted by a competent postal service authority;
b) Trading or pledging the postal service license;
c) Leasing or lending the postal service license;
transferring the postal service license against the law.
5. Additional penalties:
a) The postal service license shall be suspended
for a fixed period of 01 - 03 months in case of commission of the violation in
Point b Clause 4 of this Article;
b) The violating entity’s operation shall be
suspended for a fixed period of 01 - 03 months in case of commission of the
violation in Point c Clause 3 of this Article.
6. Remedial measures:
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b) Enforced return of benefits illegally obtained
from the commission of the violation in Point a Clause 3, or Point a or Point c
Clause 4 of this Article;
c) Enforced fulfillment of minimum capital
requirement in case of commission of the violation in Point c Clause 3 of this
Article.
Article 6. Violations against
regulations on notifications of postal operations
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for improperly notifying the postal service
authority of changes in the written certification of postal operations.
2. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for failure to notify the postal service authority
within 07 working days from the commencement of postal operations.
3. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Erasing or altering the written certification of
notification of postal operations;
b) Acting as a branch or representative office of an
enterprise that is duly established under the law of Vietnam but provides
postal services without a written certification of notification of postal
operations granted by the postal service authority;
c) Failing to notify the postal service authority
of any changes in the written certification of notification of postal
operations.
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a) Providing postal services without the written
certification of notification of postal operations granted by the postal
service authority;
b) Acting as an agency, representative or
representative office of, or operating a franchise in Vietnam from foreign
postal service provider without a written certification of notification of
postal operations granted by the postal service authority.
5. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of the violation in Clause 1 or Point a Clause 4 of this
Article;
b) Enforced return of the written certification of
notification of postal operations in case of commission of the violation in
Point a Clause 3 of this Article.
Article 7. Violations against
regulations on postal service contracts
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for improperly using the date stamp or specifying
incorrect information about pickup time and/or location on the signed contract
or written certification of acceptance of postal items.
2. A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed for failing to use the date stamp or specify
information about pickup time and/or location on the signed contract or written
certification of acceptance of postal items.
3. A fine ranging from VND
5,000,000 to VND 7,000,000 shall be imposed for the commission of one of the
following violations:
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b) Failing to use Vietnamese
language in the contract for provision of postal services;
c) Failing to enter into an
agency contract or using an expired agency contract when employing or acting as
a postal service agency.
4. A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the
following violations:
a) Operating a franchise in
Vietnam from a foreign postal service provider under an expired franchise
agreement;
b) Acting as a representative
of a foreign postal service provider under an expired representative agreement.
Article 8.
Violations against regulations on provision and use of postal services, and
reporting thereon
1. A warning or a fine ranging
from VND 600,000 to VND 1,000,000 shall be imposed for failing to provide
sufficient information on postal items as prescribed.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failing to provide information on postal items
as prescribed.
3. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for the commission of one of the following
violations:
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b) Improperly or insufficiently posting the list of
prohibited articles and goods, and regulations on provision of postal services
at serving points of a postal service provider;
c) Failing to fully and strictly comply with
regulations on delivery of postal items;
d) Submitting reports after the prescribed deadline
by up to 15 days or submitting a report which does not contain sufficient
contents as prescribed or does not meet requirements set by postal service
authorities.
4. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to comply with regulations on delivery
of postal items;
b) Failing to post the list of prohibited articles and
goods, and regulations on provision of postal services at serving points of a
postal service provider;
c) Submitting reports after the prescribed deadline
by more than 15 days.
5. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Unlawfully refuse to provide public postal
services or postal services serving operations of the Communist Party or
Government authorities, or national defense and security purposes;
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c) Submitting inaccurate or dishonest reports, or
failing to submit reports as prescribed.
6. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the commission of one of the following
violations:
a) Provision of public postal services by an
enterprise that is not designated by the Government;
b) Failing to submit accurate reports on rendered
public postal services as prescribed.
7. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to manage public postal services and
particular postal services separately;
b) Failing to submit reports on rendered public
postal services as prescribed.
8. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Using revenue earned from the provision of
particular postal services to offset losses suffered from the provision of
other postal services at below the market prices;
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c) Committing violations against regulations on the
scope of particular postal services.
Article 9. Violations against
regulations on prohibited articles and goods in postal services sector
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Sending, accepting or transporting postal items
containing articles or goods which are banned exports under the law of Vietnam
or banned imports under the law of the country where such postal items are sent
to.
b) Sending, accepting or transporting postal items
containing articles or goods which are prohibited from being used or sold as
prescribed by law;
c) Sending, accepting or transporting postal items
containing articles or goods which are banned imports as prescribed by law;
d) Sending, accepting or transporting postal items
containing articles or goods which are banned from being transported by post
under the law of Vietnam or an international convention to which the Socialist
Republic of Vietnam is a signatory.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for sending, accepting, transporting or delivering
postal items containing cultural products which contravene moral values, fine
traditions and customs of Vietnam.
3. Additional penalties:
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4. Remedial measures:
a) Enforced destruction of articles in case of
commission of the violation in Clause 2 of this Article;
b) Enforced re-export of articles or goods which
are banned from being imported into Vietnam in case of commission of the
violation in Point c Clause 1 of this Article.
Article 10. Violations against
regulations on safety and security procedures of postal services
1. A fine ranging from VND 3,000,000 to VND 5,000,000
shall be imposed for failing to check, make records of and rewrap torn or
otherwise damaged items.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Impersonating someone else to use postal
services;
b) Failing to fully and properly implement safety
and security measures when providing postal services.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following violations:
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b) Suspending transport or delivery of postal
items, checking and handling postal items, or requesting information on postal
services without making a written record which must contain signatures of
relevant parties;
c) Revealing information on postal services against
law regulations;
d) Failing to suspend the transport or delivery of
postal items or failing to notify relevant competent authorities of postal
items which are found to be prohibited articles or goods.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Unlawfully opening postal items;
b) Fraudulently exchanging any contents of a postal
item;
c) Appropriating or stealing any postal item worth
less than VND 2,000,000, or unlawfully destroying postal items;
d) Failing to cooperate with competent authorities
in suspending the transport or delivery of postal items, or checking and handling
postal items, or providing information on postal services as prescribed.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
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b) Unlawfully obstructing postal operations.
6. Remedial measures:
Enforced return of postal items in case of
commission of Point b or c Clause 4 of this Article.
Article 11. Violations against
regulations on changes in name and address of recipient; forwarding, return or
withdrawal of postal items; unclaimed items
1. A fine ranging from VND 600,000 to VND 1,000,000
shall be imposed for failing to strictly comply with regulations on changes in
the recipient’s name or address, or withdrawal of postal items.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failing to comply with regulations on changes in
the recipient’s name or address, or withdrawal of postal items.
3. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for collecting postage for return of standard-sized
mail weighing up to 500 grams when it cannot be delivered.
4. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for the commission of one of the following
violations:
a) Improperly forwarding the postal item to a new
address when it is not yet delivered to the recipient’s address and when the
sender has properly notified change in the recipient's address;
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c) Handling unclaimed items inconsistently with
relevant regulations.
5. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to forward the postal item to a new address
when it is not yet delivered to the recipient’s address and when the sender has
properly notified change in the recipient's address;
b) Failing to fulfill the sender’s order for return
of postal items which cannot be delivered to the recipient;
c) Failing to handle unclaimed items in accordance
with relevant regulations.
6. Remedial measures:
Enforced return of the postage charged
inconsistently with law regulations in case of commission of the violation in
Clause 3 of this Article.
Article 12. Violations against
regulations on public postal networks
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
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b) Installing public mailboxes in urban areas or
residential areas inconsistently with regulations;
c) Failing to arrange locations or failing to
organize the installation of centralized mailboxes for postal service users in
multistoried apartment buildings or office buildings.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to inspect, repair, maintain and protect
facilities of public postal networks;
b) Failing to build and develop public postal
networks according to the planning approved by a competent state authority;
c) Failing to install centralized mailboxes at
multistoried apartment buildings or office buildings;
d) Failing to install public mailboxes in urban
areas or residential areas.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Causing damage to any public postal works;
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4. Remedial measures:
Enforced restoration of initial state which has
been changed due to the commission of the violation in Point a Clause 3 of this
Article.
Article 13. Violations against
regulations on postal service quality and postage rates
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for improperly or insufficiently declaring quality
criteria of postal services other than public postal services.
2. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to declare quality criteria of postal
services other than public postal services;
b) Making inaccurate declaration of quality of
public postal services/public services in newspapers distribution as prescribed
by law.
3. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to make declaration of conformity of
public postal services/ public services in newspapers distribution as
prescribed by law;
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c) Improperly fulfilling any of quality criteria of
public postal services/public services in newspapers distribution laid down in
national technical regulations;
d) Improperly fulfilling quality criteria of postal
service serving operations of the Communist Party and Government authorities;
dd) Improperly fulfilling any of the declared
quality criteria of postal services other than public postal services.
4. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the commission of one of the following
violations:
a) Setting postage rates ultra vires;
b) Failing to send notification of postage rates to
competent authorities;
c) Failing to formulate and submit the plan for
postage rates imposed by the Government to competent authorities;
d) Failing to carry out self-inspection of quality
of public postal services/public services in newspapers distribution;
dd) Failing to fulfill any of quality criteria of
public postal services/ public services in newspapers distribution laid down in
national technical regulations;
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Article 14. Violations against
regulations on postage stamps
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for the commission of one of the following
violations in postage prepayment:
a) Using Vietnam’s postage stamps bearing
cancellation marks;
b) Using Vietnam postage stamps which are damaged.
2. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for using Vietnam’s postage stamps which are prohibited.
3. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for using foreign postage stamps to prepay postage
on postal items sent domestically or from Vietnam to a foreign country.
4. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for the commission of one of the following violations:
a) Trading, exchanging, exhibiting or disseminating
postage stamps bearing contents, images, marks or signs in contravention of
social ethics, fine traditions and customs of Vietnam;
b) Selling Vietnam’s postage stamps on public
postal network within their supply period at prices other than those printed on
stamps, excluding postage stamps bearing cancellation marks;
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d) Selling Vietnam’s postage stamps without
obtaining an issue decision from a competent authority;
dd) Organizing philatelic exhibitions
inconsistently with regulations promulgated by competent authorities;
e) Failing to use Vietnam’s postage stamps bearing
“specimen” word or cancellation marks when printing them on publications,
unless a postage stamp is greatly magnified as a panel or poster;
g) Keeping Vietnam’s postage stamps and their
design dossiers against law regulations.
5. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Trading, exchanging, exhibiting or disseminating
foreign postage stamps whose contents and origin are not accepted as notified
by postal service authorities of member states of the Universal Postal Union
and stamp collectors associations;
b) Printing Vietnam’s postage stamps against the
decision issued by a competent authority;
c) Failing to keep Vietnam’s postage stamps and
their design dossiers.
6. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
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b) Using or copying a part or entire of approved
templates of Vietnam’s postage stamps without a written approval granted by
competent authorities;
c) Failing to recall, handle and/or destroy postage
stamps according to a valid publication cessation or suspension decision, or
special postage stamps of which the supply period expires as prescribed by
competent authorities;
d) Recalling, handling and/or destroying postage
stamps which are subject to a valid publication cessation or suspension
decision, or special postage stamps of which the supply period expires against
regulations.
7. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Trading, exchanging, exhibiting or disseminating
fake postage stamps;
b) Printing Vietnam’s postage stamps without
obtaining the decision from a competent authority;
c) Failing to obtain an approval from the Ministry
of Information and Communications for the plan for overseas printing of postage
stamps, printing cooperation or joint issue with a foreign postal service
authority.
8. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for trading, exchanging, exhibiting or distributing
postage stamps whose contents, images, signs or symbols cause incitement and/or
animosity between ethnic groups or religions, or which communicate untrue
information concerning the territorial sovereignty of Vietnam.
9. Additional penalties:
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b) Foreigners shall be deported from the territory
of the Socialist Republic of Vietnam if committing the violation in Clause 8 of
this Article.
10. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of the violation in Point a, b or c Clause 4, Point a
Clause 5, Point a Clause 6, Point a Clause 7, or Clause 8 of this Article;
b) Enforced destruction of articles in case of
commission of the violation in Point a Clause 4 or Clause 8 of this Article.
Chapter III
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON TELECOMMUNICATIONS AND INTERNET, PENALTIES
AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON TELECOMMUNICATIONS LICENSE
Article 15. Violations against
regulations on telecommunications license
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for setting up a telecommunications network and
providing telecommunications services without giving an official notification
of operation of telecommunications network and provision of telecommunications
services to the Ministry of Information and Communications as prescribed.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for establishing a private telecommunications
network or conducting trials of telecommunications networks and services
without a valid license.
4. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for establishing a public telecommunications
network, rendering telecommunications services or installing submarine
telecommunications cables without a valid license.
5. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for fraudulently obtaining or providing false
information for obtaining the telecommunications license.
6. Additional penalties:
a) The telecommunications license shall be
confiscated in case of commission of the violation in Clause 2 of this Article;
b) The exhibits and instrumentalities used for
committing the administrative violation in Clause 3 and Clause 4 of this
Article shall be confiscated.
7. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation prescribed in Clause 4 or 5 of this Article;
Article 16. Violations against
regulations on announcement of and changes in telecommunications license
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a) Failing to publicly announce all contents of the
license to provide telecommunications services;
b) Failing to publicly announce all contents about
the modification or renewal of the license to provide telecommunications
services;
c) Failing to publicly announce contents of the
license to provide telecommunications services within the prescribed period or
failing to publish the same on 03 consecutive issues of a daily printed
newspaper or an online newspaper and the website of the Ministry of Information
and Communications;
d) Failing to publicly announce contents about the
modification or renewal of the license to provide telecommunications services
within the prescribed period or failing to publish the same on 03 consecutive
issues of a newspaper.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to publicly announce contents of the license
to provide telecommunications services;
b) Failing to publicly announce contents about the
modification or renewal of the license to provide telecommunications services.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to notify the competent
telecommunications authority within 30 days from the occurrence of any change
in contents of the license to provide telecommunications services as
prescribed;
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c) Failing to carry out procedures for modification
of the license to establish private telecommunications network in case changes
in the licensee’s name, network configuration, scope of the network or types of
services rendered occur;
d) Failing to notify the licensing authority within
30 days from the date of relocation of headquarters of the holder of the
license to establish private telecommunications network.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out procedures for modification
of the license to install submarine telecommunications cables in case changes
in the licensee’s name or the licensed submarine cable route;
b) Failing to notify the licensing authority within
30 days from the official date of relocation of headquarters of the licensee.
5. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for failure by the licensee to fulfill commitments
made with the licensing authority.
6. Additional penalties:
The telecommunications license shall be suspended
for a fixed period of 22 – 24 months in case of commission of the violation in
Clause 5 of this Article.
Article 17. Violations against
regulations on license to establish private telecommunications network
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2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for operating the private telecommunications
network for business purposes.
3. Additional penalties:
The license to establish private telecommunications
network shall be suspended for a fixed period of 01 – 03 months in case of
commission of the violation in Clause 1 or Clause 2 of this Article.
4. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Clause 2 of this Article.
Article 18. Violations against
regulations on license to trial telecommunications network and services
1. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for failing to complete trial dossier or submit report on
trial results to the Ministry of Information and Communications upon the
completion of the trial.
2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for implementing the trial plan against the issued
license.
3. Additional penalties:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 19. Violations against
regulations on license to install submarine telecommunications cables
1. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for providing inaccurate or insufficient
information on the submarine telecommunications cable routes for Ministry of
Information and Communications.
2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for building and installing submarine
telecommunications cable routes inconsistently with the diagrams or coordinates
of cable routes licensed by a competent authority.
3. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Doing works other than survey, installation,
maintenance and repair of telecommunications cable routes within the
territorial waters of Vietnam;
b) Performing the survey, installation, maintenance
or repair of submarine telecommunications cable routes without permission from
a competent authority.
4. Additional penalties:
a) The license to install submarine
telecommunications cables shall be suspended for a fixed period of 01 - 03
months in case of commission of the violation in Point a Clause 3 of this
Article;
b) Foreigners shall be deported from the territory
of the Socialist Republic of Vietnam if committing the violation in Clause 2 or
3 of this Article.
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Article 20. Violations against
regulations on telecommunications services agencies
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for the commission of one of the following
violations:
a) Establishing terminal systems at locations other
than the agreed ones under the telecommunications service agency contract;
b) Failing to provide telecommunications services
within prescribed time frame.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failing to provide necessary information on
telecommunications services to users.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing telecommunications services without
entering into a telecommunications service agency contract;
b) Failing to comply with a competent authority’s
request for refusal to provide telecommunications services to persons that
perform prohibited acts in telecommunications sector.
4. Remedial measures:
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Article 21. Violations against
regulations on use of telecommunications services and subscription
1. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for using telecommunications services for
performing prohibited acts in telecommunications sector.
2. Additional penalties:
The exhibits and instrumentalities used for
committing the violation in Clause 1 of this Article shall be confiscated.
3. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Clause 1 of this Article.
Article 22. Violations against
regulations on ownership in telecommunications services
1. A fine ranging from VND 100,000,000 to VND 140,000,000
shall be imposed for the commission of one of the following violations:
a) Failing to submit reports to the Ministry of
Information and Communications on changes in entities whose stakes/shares in
the telecommunications enterprise exceed the prescribed limits;
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2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure to perform equity restructuring by the
enterprise that is on the Prime Minister’s List of enterprises providing
telecommunications services with network infrastructure in which the State
holds controlling shares;
b) Failure to complete the equity restructuring
plan within the prescribed period by the enterprise that is on the Prime
Minister’s List of enterprises providing telecommunications services with
network infrastructure in which the State holds controlling shares.
3. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Holding controlling shares in a
telecommunications enterprise that is on the List of enterprises providing
telecommunications services with network infrastructure in which the State
holds controlling shares against law regulations;
b) Concurrently holding stakes/shares in excess of
the prescribed limits in two or more telecommunications enterprises providing
the same telecommunications services which are on the List of
telecommunications services announced by the Ministry of Information and
Communications.
4. Additional penalties:
The telecommunications license shall be suspended
for a fixed period of 22 - 24 months in case of commission of the violation in
Clause 2 or 3 of this Article.
Article 23. Violations against
regulations on competition in telecommunications sector
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2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed upon a telecommunications enterprise holding a
dominant market position or holding essential facilities for taking advantage
in telecommunication network or such essential facilities to obstruct or cause
difficulties to other telecommunications enterprises in implementing their
market penetration strategies or providing telecommunications services.
3. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to obtain a written approval from the
Ministry of Information and Communications before applying for
exemptions/exceptions under regulations of the Competition Law;
b) Failing to send notification to the Ministry of
Information and Communications before conducting the economic concentration
with a combined market share of 30%-50% in relevant telecommunications services
market.
4. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Use of information obtained from other
telecommunications enterprises by a telecommunications enterprise that holds a
dominant market position or essential facilities for unfair competition
purposes;
b) Practice of cross-subsidization by a
telecommunications enterprise that holds a dominant market position or
essential facilities for unfair competition.
Article 24. Violations against
regulations on dispute resolution in telecommunications sector
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to enter into negotiations at the
request of a competent telecommunications authority.
2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for failure to enforce the dispute resolution
decision in force of a competent telecommunications authority.
3. Additional penalties:
The telecommunications license shall be suspended
for a fixed period of 22 - 24 months in case of commission of the violation in
Point b Clause 1 or Clause 2 of this Article.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON ESTABLISHMENT OF TELECOMMUNICATIONS NETWORKS AND PROVISION OF
TELECOMMUNICATIONS SERVICES
Article 25. Violations against
regulations on establishment of telecommunications networks and provision of
telecommunications services
1. A warning or a fine ranging from VND 600,000 to VND
1,000,000 shall be imposed for failure to publicly post instructions for use of
telecommunications services and numbers of emergency telecommunications
services, directory assistance services and troubleshooting support services
for fixed-line telephone numbers.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to provide necessary information on
telecommunications services to users, telecommunications service agencies and
Internet agencies.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to strictly comply with regulations on
resale of telecommunications services.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Making connection available for a postpaid
services user before he/she enters into a contract and makes payment for SIM
price;
b) Making connection available for a prepaid
services user before he/she completes subscriber registration or tops up
his/her SIM card.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Cross-border supply of telecommunications
services to users in the territory of Vietnam against the law of Vietnam;
b) Using a standard form contract or contract
containing general terms and conditions without approval from a competent
authority;
c) Failing to send written notification to a
competent authority when supplying telecommunications services requiring
registration or notification of standard form contract/contract containing
general terms and conditions as prescribed.
6. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for the commission of one of the following
violations:
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b) Establishing a public telecommunications
network, private telecommunications network or private radio telecommunications
network for foreign diplomatic missions, consular missions, or representative
offices of international organizations in Vietnam against regulations of the
Ministry of Information and Communications.
7. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for supplying basic telecommunications
services/value-added telecommunications services before entering into contracts
with customers.
8. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for installing telecommunications networks for
illegally transmitting in any forms the traffic of telecommunications services
from Vietnam to a foreign country and vice versa.
9. Additional penalties:
a) The exhibits and instrumentalities used for
committing the administrative violation in Clause 8 of this Article shall be
confiscated;
b) The telecommunications license shall be
suspended for a fixed period of 22 - 24 months in case of commission of the
violation in Point a Clause 3 or Clause 6 of this Article.
10. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Point a or Point b Clause 5, Clause 7 or
Clause 8 of this Article.
Article 26. Violations against
regulations on public-utility telecommunications services
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a) Performing propagation or advertising activities
leading to the misunderstanding that public-utility telecommunications services
are supported by enterprises;
b) Failing to send notification of prices of
public-utility telecommunications services which are within the price bracket
announced by the Ministry of Information and Communications at least 03 working
days before the decision made by the telecommunications enterprise comes into
force;
c) Failing to send the financial contribution plan
in the planning year to the Vietnam Public-utility Telecommunication
Service Fund (VTF) and Ministry of Information and Communications within the
prescribed time limit;
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to supply public-utility
telecommunications services according to the list of public-utility
telecommunications services;
b) Issuing invoice for public-utility telecommunications
services without sufficient information as prescribed;
c) Failing to issue a decision on prices of
public-utility telecommunications services which are within the price bracket
announced by the Ministry of Information and Communications;
d) Failing to send notification of prices of
public-utility telecommunications services which are within the price bracket
to the Ministry of Information and Communications.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to make statement of financial
contributions made to VTF within the prescribed time limit.
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a) Failing to prepare and send the estimate of
costs of providing public-utility telecommunications services to the Ministry
of Information and Communications;
b) Failure by a telecommunications enterprise that
holds a dominant market position or essential facilities to register for performance
of tasks of the Program for supply of public-utility telecommunications
services;
c) Failing to send the financial contribution plan
in the planning year to VTF and Ministry of Information and Communications;
d) Failing to determine and report on the amounts
payable in the year to VTF;
dd) Failing to separately monitor and manage
revenue from provision of services of which providers must make financial
contributions to VTF;
e) Providing public-utility telecommunications
services to ineligible users.
5. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to pay financial contributions to VTF
within the prescribed time limit;
b) Failing to make full payment of financial
contributions to VTF;
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6. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Using funding granted under the Program for
supply of public-utility telecommunications services by 2020 for wrong
purposes;
b) Failing to pay financial contributions to VTF.
7. Additional penalties:
The provision of new subscriber numbers shall be
suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Clause 3, Point d Clause 4, Point c Clause 5 or Point b Clause 6
of this Article.
8. Remedial measures:
a) Enforced recovery of improperly spent funding in
case of commission of the violation in Point a Clause 2, Point e Clause 4 or
Point a Clause 6 of this Article;
b) Enforced payment of unpaid contributions to VTF
and interests on late payments which are calculated according to the highest
interest rate on demand deposits announced by the State Bank of Vietnam (SBV)
at the time of penalty imposition in case of commission of the violation in
Clause 3, Point d or dd Clause 4, Clause 5 or Point b Clause 6 of this Article.
Article 27. Violations against
regulations on mobile number portability
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a) Rejecting a porting request which does not fall
in prescribed cases of rejection of porting request;
b) Failing to properly follow number porting
procedures;
c) Making a subscriber, who requests for porting of
his/her mobile number, pay additional charges other than the porting charge.
2. The following fines shall be imposed for the
commission of one of the violations in Clause 1 of this Article:
A fine ranging from VND 100,000,000 to VND 140,000,000
shall be imposed if the violation involves 06 – 10 subscriber numbers;
b) A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed if the violation involves 11 – 15 subscriber
numbers;
c) A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed if the violation involves 16 subscriber numbers or
more.
3. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to ensure the connection of the
transmission line to the Number Portability Service Center for processing
porting requests;
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c) Failing to ensure telecommunications
infrastructure facilities to meet connection demands of
authorities/organizations in charge of managing and operating private
telecommunications network serving operations of the Communist Party or
Government authorities, or national defense and security purposes.
4. Remedial measures:
a) Enforced return or transfer of amount of charges
collected against regulations in case of commission of the violation in Point c
Clause 1 and Clause 2 of this Article;
b) Enforced provision of telecommunications
infrastructure facilities to meet connection demands and access updated
information on the number portability database in case of commission of the
violation in Clause 3 of this Article.
Article 28. Violations against
regulations on termination of supply of telecommunications services
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure by a telecommunications enterprise, that
does not hold a dominant market position or essential facilities, or provide
public-utility telecommunications services, to send notification of termination
of supply of some or all of its services to the telecommunications authority at
least 60 days before the planned date of termination;
b) Failing to notify service users or related
parties of termination of supply of telecommunications services or failing to
publish the same on means of mass media at least 30 days before the official
date of termination.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to notify service users or related
parties of termination of supply of telecommunications services or failing to
publish the same on means of mass media before the termination date.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on a telecommunications enterprise that holds
essential facilities or a dominant market position, or provides public-utility
telecommunications services for the commission of one of the following
violations:
a) Failing to submit an application for approval
for termination of supply of telecommunications services due to business
closure to the Ministry of Information and Communications;
b) Terminating the supply of telecommunications
services due to business closure or terminating the supply of some or all of
telecommunications services without a written approval from the Ministry of
Information and Communications.
Article 29. Violations against
regulations on operational communication
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to provide detailed regulations on
entities, scope and using frequency, or failure to promulgate regulations on
management of internal operational communication.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to strictly comply with regulations on
management of internal operational communication.
Article 30. Violations against
regulations on directory assistance services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to meet one of service quality
standards when rendering 116 service.
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a) Refusing to give assistance service for lookup
of fixed-line telephone numbers of telecommunications enterprises which are included
in public telephone directories;
b) Failing to establish assistance methods for
lookup of fixed-line telephone numbers as prescribed;
c) Failing to provide or improperly providing 116
backup services;
d) Putting information about name or address or
other relevant information of a subscriber, who refuses to carry out the
registration of subscriber information, into public telephone directories.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to ensure capacity or time of providing
trunking gateway connected to 116-service system;
b) Failing to ensure operating time or failing to
provide sufficient information in comparison with 116 service database;
c) Failing to route 116 calls to the 116 service
system;
d) Failing to provide the fixed-line subscriber
database including name, address, telephone numbers and other relevant
information to 116 service providers.
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Article 31. Violations against
regulations on emergency telecommunications services and troubleshooting
support services for fixed-line telephone numbers
A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
1. Failing to ensure the access by users to
emergency telephone numbers or troubleshooting support services for fixed-line
telephone numbers.
2. Failing to give notice of emergency telephone
numbers to users or failing to post such numbers in public telephone
directories.
Article 32. Violations against
regulations on change of telecommunications subscriber numbers
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to notify the change of
telecommunications subscriber numbers on means of mass media at least 60 days
before the change.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to formulate and implement the plan for
change of telecommunications subscriber numbers or formulating a plan
inconsistently with the telecommunications numbering scheme or plans for change
of telecommunications subscriber numbers approved by Ministry of Information
and Communications.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Changing telecommunications subscriber numbers
without a written approval from a telecommunications authority as prescribed;
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c) Failing to publish a notification on means of
mass media before changing telecommunications subscriber numbers;
d) Failing to give instructions on dialing method
after changing telecommunications subscriber numbers;
dd) Failing to send written reports on change of
telecommunications subscriber numbers to the telecommunications authority.
Article 33. Violations against
regulations on conclusion of standard form contracts or contracts containing
general terms and conditions, retention and use of subscriber information
1. Telecommunications services rendered to
subscribers shall be suspended for a fixed period of 10 – 12 months in case of
commission of one of the following violations which involve 01 – 200 SIM cards:
a) Forging or using identity papers of another
person or using certificate of legal status of another entity to enter into
standard form contracts/contracts containing general terms and conditions;
b) Failing to sign a new standard form
contract/contract containing general terms and conditions with the
telecommunications enterprise when transferring the rights to use a subscriber
number;
c) Failing to request the telecommunications
enterprise to issue or recover SIM card or terminate the standard form
contract/contract containing general terms and conditions when SIM cards or
devices storing subscriber numbers are lost;
d) Failing to clarify the ownership of subscriber
numbers according to the standard form contract/contract containing general
terms and conditions signed with the telecommunications enterprise.
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a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the violation involves 201 – 500 SIM cards;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the violation involves 501 SIM cards or more.
3. A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed upon a mobile telecommunications service provider for the
commission of one of the following violations which involve 01 – 10 SIM cards:
a) Providing services to a subscriber with
insufficient or inaccurate subscriber information;
b) Failing to enter into a standard form contract
with a person who uses 4 prepaid subscriber numbers or more.
4. The following fines shall be imposed on a mobile
telecommunications service provider for the commission of one of the violations
in Clause 3 of this Article:
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the violation involves 11 – 20 SIM cards;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed if the violation involves 21 – 30 SIM cards;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed if the violation involves 31 – 40 SIM cards;
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5. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a mobile telecommunications service provider
that has 01 – 02 POSs committing one of the following violations:
b) Keeping physical, digital or electronic
certificate of subscriber information which does not bear the signature of the
subscriber or of the legal or authorized representative of the entity owning
that subscriber number;
c) Entering into standard form contracts/contracts
containing general terms and conditions outside the POS;
d) Failing to hang a signboard or hanging a
signboard that lacks one of the following contents: “Point of
telecommunications services”, name or trademark of the telecommunications
enterprise that establishes or authorizes POS, address or telephone number;
dd) Failing to post or insufficiently posting the
following documents: the standard form contract/contract containing general
terms and conditions for supply and use of telecommunications services;
procedures for concluding a standard form contract/contract containing general
terms and conditions; the original or the certified true copy of the
authorization contract signed by and between the telecommunications enterprise
and the enterprise establishing an authorized POS;
e) Failing to have sufficient equipment for
inputting and transmitting information, digital forms or images of documents to
the centralized database of the telecommunications enterprise;
g) Using unclear digital forms or images of
documents or digital images which do not bearing information about date/time
when the image is taken;
h) Entering into a standard form contract/contract
containing general terms and conditions with a person aged under 14 or a person
with whom the contract conclusion must be made by his/her parent or guardian;
i) Entering into a standard form contract/contract
containing general terms and conditions with a person other than the legal
representative or who is not authorized in writing by the legal representative
of an entity, or accepting the certificate of legal status which is not
accompanied by the list of individuals allowed to use telecommunications
services and originals of their personal identity papers;
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l) Failing to grant access to the subscriber
database of the POS to serve performance of inspection tasks.
6. The following fines shall be imposed on a mobile
telecommunications service provider that has POS committing one of the
violations in Clause 5 of this Article:
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the violation involves 03 – 04 POSs;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed if the violation involves 05 – 06 POSs;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed if the violation involves 07 – 08 POSs;
d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed if the violation involves 09 POSs or more.
7. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Selling SIM cards without obtaining the
authorization from the mobile telecommunications service provider to conclude
standard form contracts/contracts containing general terms and conditions;
b) Selling or providing SIM cards with available
subscriber information or activated mobile services without carrying out or
completing the conclusion of standard form contracts/contracts containing
general terms and conditions;
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8. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for concluding standard form contracts/contracts containing
general terms and conditions without authorization.
9. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on a mobile telecommunications service provider
for the commission of one of the following violations:
a) Entering into authorization contracts with
organizations other than enterprises or with individuals to authorize the
conclusion of standard form contracts/contracts containing general terms and
conditions;
b) Accepting subscriber information provided by an
unauthorized POS;
c) Failing to give notification in at least 05
days, once every day, of conclusion of new standard form contracts/contracts
containing general terms and conditions to subscribers with incorrect
information;
d) Failing to move the subscriber with incorrect
information that fails to conclude a new standard form contract/contract
containing general terms and conditions to “one-way block stage” after 15 days
from the day on which a notification thereof is sent to that subscriber;
dd) Failing to notify the subscriber that has been
moved to “one-way block stage” of the fact that the subscriber will be moved to
“two-way block stage” after the following 15 days if failing to conclude a new
standard form contract/contract containing general terms and conditions;
e) Failing to move the subscriber with incorrect
information that still fails to conclude a new standard form contract/contract
containing general terms and conditions to “two-way block stage” after 15 days
from the day on which the subscriber is moved to “one-way block stage”;
g) Failing to notify the subscriber that has been
moved to “two-way block stage” of the fact that the contract and supply of
telecommunications service will be terminated after the following 30 days if
the subscriber still fails to conclude a new standard form contract/contract
containing general terms and conditions;
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i) Failing to conclude a new standard form contract
in case an individual uses more than 03 prepaid subscriber numbers of the same
mobile telecommunications network;
k) Failing to provide subscriber information at the
request of a competent authority;
l) Failing to provide the subscriber with ways to
self-check subscriber information or providing insufficient information to the
subscriber performing self-checking of his/her subscriber information;
m) Failing to comply with the request of a
competent authority for providing information and inspecting information of
subscribers having concluded standard form contracts/contracts containing
general terms and conditions in local area in the telecommunications service
provider’s centralized database;
n) Failing to publish or inaccurately publishing
the list of POSs in each province or city on the website of the
telecommunications service provider or publishing a list which does not contain
all of required information;
o) Failing to check and inspect to ensure that
institutional subscribers concluding standard form contracts/contracts
containing general terms and conditions only provide or use subscriber numbers
for their employees or equipment, and individual subscribers concluding
standard form contracts/contracts containing general terms and conditions
themselves use subscriber numbers or provide them for their natural or adopted
children aged under 14 years or their wards or use them for their equipment or
equipment of their families;
p) Establishing a POS against regulations.
10. A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed on a mobile telecommunications service provider
for the commission of one of the following violations:
a) Failing to establish technical system or
centralized database to input, store and manage subscriber information;
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d) Failing to adopt internal procedures for
reviewing and checking subscriber information stored in the centralized
database;
dd) Failing to connect the centralized database of the
mobile telecommunications service provider with the database of Ministry of
Information and Communications or of Ministry of Public Security;
e) Failing to provide adequate subscriber
information to service the performance of inspection tasks.
11. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on the legal representative of the mobile
telecommunications service provider for:
a) Failing to arrange personnel and technical
facilities to ensure the access to the centralized database of the service
provider for inspecting subscriber information at the request of a competent
authority;
b) Failing to establish internal procedures for
reviewing and checking subscriber information stored in the centralized
database.
12. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for using software programs or IT applications to
forge information, or photos of documents of organizations or individuals, or
persons directly concluding standard form contracts/contracts containing
general terms and conditions for using telecommunications services.
13. Additional penalties:
a) The exhibits and instrumentalities used for committing
the administrative violation in Clause 7 of this Article shall be confiscated;
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14. Remedial measures:
a) The mobile telecommunications service provider
is compelled to return total amounts equivalent to total top-up amounts for
primary accounts of SIM cards of subscribers that have used services after July
24, 2017 in case of commission of one of the violations in Clause 3 and 4,
Points a and b Clause 7, Point i Clause 9 and Clause 12 of this Article. In
case it is unable to determine total top-up amount, the amount payable per each
SIM card is calculated by adopting the following formula: VND 100,000 x total
months in which the violation occurs;
b) The mobile telecommunications service provider
is compelled to return total amounts equivalent to total amounts added after
July 24, 2018 to primary accounts of SIM cards of subscribers that have used
services from before July 24, 2017 in case of commission of one of the
violations in Clause 3 and 4, Points a and b Clause 7, Point i Clause 9 and
Clause 12 of this Article. In case it is unable to determine total top-up
amount, the amount payable per each SIM card is calculated by adopting the
following formula: VND 100,000 x total months in which the violation occurs.
Article 34. Violations against
regulations on billing, revenue from telecommunications services and payment of
telecommunications service charges
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Issuing an invoice containing inadequate or
inaccurate information about the service charges and the amount payable for
each type of services or VAT and total amount payable by a postpaid service
user;
b) Failing to provide free of charge a detailed
list of telecommunications services according to the List of telecommunications
services adopted by the Ministry of Information and Communications together
with the invoice to a subscriber as prescribed;
c) Charging calls from fixed-line telephone numbers
to emergency service numbers, 116 service or troubleshooting service numbers;
d) Failing to issue invoices of service charges to
postpaid subscribers;
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a) Failing to adopt correct methods for determining
revenue from telecommunications services.
b) Failing to modify the report on revenue from
telecommunications services according to the auditor’s report;
c) Failing to submit the report on revenue from
telecommunications services to the competent telecommunications authority by
the prescribed deadline;
d) Submitting a report on revenue from
telecommunications services that contains inadequate or inaccurate information
as prescribed.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to submit a report on revenue from
telecommunications services to the competent telecommunications authority.
4. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for improperly deducting the amounts payable
according to prescribed service charges for prepaid service users.
5. Remedial measures:
Enforced return or transfer of service charges
collected against regulations in case of commission of the violation in Point c
Clause 1 or Clause 4 of this Article.
Article 35. Violations against
regulations on public internet access points
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to specify the business registration
number of the Internet agency on its signboard in case of conclusion of the
Internet agency contract;
b) Failing to specify the enterprise’s name or the
number of its license to provide Internet services on the "Public Internet
access point" signboard;
c) Failing to specify all prohibited acts as
regulated by law in internal regulations on use of Internet services;
d) Failing to openly post the internal regulations
on use of Internet services as regulated.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure to hang the “Internet agency” signboard
or the "Public Internet access point" signboard;
b) Setting up terminal devices to provide Internet
services at locations other than the permitted ones;
c) Failing to maintain Internet equipment and
systems that meet information safety and security requirements;
d) Providing Internet services with low quality or
service charges higher than those agreed upon in the Internet agency contract.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to comply with prescribed times of
operation of an Internet agency or Public Internet access point;
b) Failing to use the subscriber line specified in
the signed agency contract to provide public Internet access services;
c) Arranging or letting Internet service users use
computers at its business location to perform prohibited acts as defined in
regulations on use of Internet services and cyberinformation;
d) The public Internet access point fails to
conclude an Internet agency contract as prescribed;
dd) Letting Internet service users access, watch
and/or download depraved, crime, social evils or superstition-related
information, images and/or videos.
4. Additional penalties:
a) Operation of the public Internet agency shall be
suspended for a fixed period of 01 – 03 months in case of commission of the
violation in Point b, c or dd Clause 3 of this Article;
b) Operation of the public Internet access point
shall be suspended for a fixed period of 01 – 03 months in case of commission
of the violation in Point c or dd Clause 3 of this Article.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE AND
TELECOMMUNICATIONS FACILITIES
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1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) The telecommunications enterprise holding
essential facilities fails to publish the standard-form interconnection
agreement;
b) The telecommunications enterprise holding
essential facilities fails to submit an application for registration of
standard-form interconnection agreement to the competent telecommunications
authority by the prescribed deadline;
c) Changing connection capacity against the
interconnection agreement signed between the parties;
d) Refusing negotiation on the interconnection
agreement without any written reasons;
dd) Entering into an interconnection agreement that
does not contain adequate information as prescribed;
e) Failing to comply with duration of the
interconnection agreement and contract for connection capacity supply as
prescribed.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) The telecommunications enterprise holding
essential facilities fails to carry out the registration of standard-form
interconnection agreement with a competent telecommunications authority;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to perform the signed interconnection
agreement;
b) Failing to provide technically feasible points
of interconnection on telecommunications networks;
c) Failing to ensure timely connection to the
public telecommunications network;
d) Providing connection to the public
telecommunications network with unfair treatment in terms of service charges,
network quality or quality of telecommunications services;
e) Making connections with interface or signaling
failing to meet standards adopted by Ministry of Information and
Communications.
Article 37. Violations against
regulations on connection to private telecommunications networks
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to comply with regulations on connection
of a private telecommunications network to the public telecommunication
network;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Making connection between private
telecommunications network and public telecommunication network without signing
a connection contract.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for making direct connection between private
telecommunications networks without obtaining a written approval from a
competent telecommunications authority.
3. Additional penalties:
The license to establish private telecommunications
network shall be suspended for a fixed period of 10 - 12 months in case of
commission of the violation in Clause 2 of this Article.
Article 38. Violations against
regulations on telecommunications infrastructure sharing
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for sharing telecommunications infrastructure
without signing contract.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Performing sharing of technical infrastructure
facilities serving interconnection without entering into a lease of technical
infrastructure facilities;
b) Failing to share technical infrastructure
facilities as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to give a notification to the
telecommunications enterprise that shares technical infrastructure facilities
before implementing the plan on installation, operation, maintenance or repair
of connection equipment within the scope of connection places.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to provide other telecommunications
enterprises with technical information on essential facilities and commercial
information necessary to provide telecommunications services.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to implement decisions on
telecommunications infrastructure sharing issued by competent
telecommunications authorities.
Article 39. Violations against
regulations on formulation and implementation of plans on passive
telecommunications plants
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to make public disclosure or
announcement of the approved passive telecommunications infrastructure plan;
b) Failing to provide sufficient data about passive
telecommunications infrastructure facilities in local area at the request of a
competent authority.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to implement important
telecommunications investment projects in connection with the national security
or which are going to be used as points of public telecommunications services
after such projects have been approved and land for such projects has been
allocated by competent authorities;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to develop database and maps for
updating existing conditions of passive telecommunications infrastructure
facilities.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to submit the local passive
telecommunications infrastructure plan to the provincial People’s Committee for
approval;
b) Failing to cooperate or make financial
contributions to perform undergrounding, renewal of telecommunications cables
and reorganization of antenna system in local area.
Article 40. Violations against
regulations on design, construction and use of telecommunications plants
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to notify the date of commencement of
construction; failing to submit the copy of the license to build passive
telecommunications infrastructure facilities (where such license is compulsory)
to a competent authority by the prescribed deadline.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to design or install telecommunications
cable systems or access points in apartment buildings, office buildings or
hotels;
b) Failing to allocate spaces for installing
antenna masts or transmitters and receivers in apartment buildings, office
buildings, hotels or public buildings in case such installation is technically
feasible;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to comply with the rule for using
passive telecommunications infrastructure facilities that service users have
the rights to select telecommunications service providers in buildings, public
buildings, traffic works, industrial parks, export processing zones, hi-tech
zones and urban areas;
dd) Illegally obstructing the implementation of
approved passive telecommunications infrastructure plans;
e) Failing to notify competent authorities in
writing of the date of commencement of construction of passive
telecommunications infrastructure facilities as prescribed.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to provide land areas/sites within
traffic works, industrial parks, export processing zones, hi-tech parks or
urban areas for building passive telecommunications infrastructure facilities.
Article 41. Violations against
regulations on shared use of telecommunications infrastructure
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Illegally obstructing the installation of
telecommunications cables alongside streets, pavements, bridges, culverts and
traffic routes;
b) Illegally obstructing the installation of
telecommunications cables on utility poles at areas where it is unable to
perform undergrounding or build separate telecommunications cable posts;
c) Illegally obstructing the installation of
telecommunications cables and/or equipment at underground public works,
underground traffic works, central underground technical works, underground
items of ground constructions, underground pipe, wiring, cable works, technical
trenches and routes.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to plan, design or build the shared
technical infrastructure for installing telecommunications cables and equipment
in conformity with the approved passive telecommunications infrastructure plan;
b) Setting rental of public technical
infrastructure facilities for installing telecommunications cables and
equipment against regulations;
c) Arranging or installing telecommunications
lines, cables and pipes on shared technical infrastructure facilities without
identification signs or at improper positions or without meeting relevant
technical requirements.
3. A fine ranging from VND 30,000,000 to VND 50,000,000
shall be imposed for improperly implementing regulations on shared use of
telecommunications infrastructure.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to comply with regulations on shared
use of telecommunications infrastructure.
Article 42. Violations against
regulations on safety of telecommunications infrastructure
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to develop technical and operational
systems to ensure information safety and security as regulated;
b) Failing to instruct Internet agencies, public
Internet access points, and points of public electronic gaming services to
adopt measures for ensuring information safety and security;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Improperly implementing regulations on safety of
telecommunications infrastructure and information security;
b) Failing to adopt measures for ensuring safety of
telecommunications infrastructure and information security;
c) Failing to formulate or implement measures or
plans for protecting, preventing and coping with acts infringing the safety of
important telecommunications works in connection with national security as
regulated.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Causing failure of cable lines, antenna systems
or equipment of transmission systems, switching systems and other
telecommunications equipment of fixed public telecommunications network, land
mobile network, fixed- and mobile-satellite telecommunications networks, public
marine radio network and national domain name servers (DNS);
b) Illegally accessing computer networks, fixed
public telecommunications network, land mobile network, fixed- and
mobile-satellite telecommunications networks, private telecommunications
network, dedicated telecommunications network or other subscriber lines if not
liable to criminal prosecution;
c) Illegally obstructing the operation of Vietnam
National Internet eXchange (VNIX);
d) Illegally obstructing members of VNIX and/or
their customers in exchanging Internet traffic via VNIX;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Sabotaging radio infrastructure systems or
illegally obstructing the lawful construction of radio infrastructure systems;
b) Destroying, causing damage to or deterioration
of radio-frequency monitoring systems, antenna systems or equipment of
radio-frequency monitoring systems;
c) Illegally obstructing the operation of the
national DNS of Vietnam (“.vn”).
5. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for the commission of one of the following
violations:
a) Destroying, causing damage to or deterioration
of telecommunications plants, or misusing the network, equipment, software
and/or hardware tools for obstructing or causing interference or disturbance to
normal operations of computer networks, telecommunications networks and digital
devices;
b) Failing to arrange portals or other necessary
technical conditions for ensuring information safety and security at the
request of the Ministry of Information and Communications and/or the Ministry
of Public Security;
c) Failing to prevent or suspend the supply of
telecommunications services in case of riot, disturbance or use of telecommunications
services for infringing upon national security or opposing the Government of
the Socialist Republic of Vietnam.
6. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for failing to comply with decisions to
requisition a part or entire of telecommunications infrastructure facilities in
case of emergencies according to law regulations on national defense and
security, and emergency.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The telecommunications license shall be suspended
for a fixed period of 12 – 18 months in case of commission of the violation in
Clause 6 of this Article.
8. Remedial measures:
Enforced restoration of the initial state which has
been changed due to the commission of the violation in Point a or b Clause 3,
Point a or b Clause 4, or Point a Clause 5 of this Article.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON TELECOMMUNICATIONS AND INTERNET RESOURCES
Article 43. Violations against
regulations on telecommunications numbering scheme, management and use of
telecommunications numbers
1. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to return assigned telecommunications
numbers when they are not used anymore.
2. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for using assigned telecommunications numbers
against decisions to assign telecommunications numbers or regulations on
management and use of telecommunications numbers.
3. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for using telecommunications numbers after a
decision on revocation of such telecommunications numbers has been made.
4. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for using telecommunications numbers which are not
included in the telecommunications numbering scheme or when they are not yet
assigned.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Enforced revocation of telecommunications
numbers in case of commission of one of the violations in this Article;
b) Enforced return of benefits illegally obtained
from the commission of the violation in Clause 2, 3 or 4 of this Article.
Article 44. Violations against
regulations on registration and use of Internet domain names
1. A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for the commission of one of the following violations:
a) Sending a notification lacking any required
information about international domain name registrants to the Ministry of
Information and Communications;
b) Failing to provide updated information as
prescribed in case of changes in contact information of domain name
registrants;
c) Failing to provide information about domain
names or failing to cooperate with competent authorities when requested;
d) Failing to use “.vn” domain name of Vietnam or
failing to store information on servers with IP addresses in Vietnam by
licensed online newspapers, websites, web portals and social networking sites.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The owner of a registered “.vn” domain name
allows entities other than its members or any other authorities/entities to use
subdomains below its registered domain name;
c) Providing inaccurate or false information when
registering a domain name;
d) Impersonating another entity or individual to
carry out domain name registration.
3. Remedial measures:
Enforced revocation of domain names in case of
commission of the violation in Point b, c or d Clause 2 of this Article.
Article 45. Violations against
regulations on Internet domain name registration and maintenance services
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure by an international domain name
registrar in Vietnam to instruct international domain name registrants to give
online notification of required information and any changes in their notified
information to the Ministry of Information and Communications;
b) Failure by an international domain name
registrar in Vietnam to submit online updated list of international domain
names under its management to the Ministry of Information and Communications;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to instruct organizations and
individuals to comply with regulations on registration and use of domain names;
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure by a ".vn" domain registrar to
adopt measures for ensuring safety and security of registered domain names on
its DNS;
b) Appropriation, obstruction or attempt by a
".vn" domain registrar to obstruct the lawful registration of domain
name;
c) Illegally obstructing an entity’s change of
its/his/her ".vn" domain registrar;
d) Insufficiently or inaccurately retaining
documents on domain name registration or changes in registered information
provided by its service users;
dd) Providing inaccurate information for a
competent authority that handles matters concerning domain names under its
management.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failure by a provider of domain name
registration/maintenance services to retain information about its service
users;
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c) Failing to stop providing services at the
request of a competent authority in case there is a violating international
domain name;
d) Failing to adopt measures for ensuring safe
backups of “.vn” domain name data;
dd) Failing to use a primary DNS with “.vn” domain
name of Vietnam when rendering DNS services.
4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing international domain name registration
services in Vietnam when being not an Accredited Registrar of the Internet
Corporation for Assigned Names and Numbers (ICANN) or without a contract signed
with an ICANN – Accredited Registrar;
b) Failing to submit reports to the Ministry of
Information and Communications when providing international domain name
registration services in Vietnam;
c) Provision of international domain name
registration services in Vietnam by an entity that is not an enterprise duly
established under the law of Vietnam;
d) Providing “.vn” domain name registration and
maintenance services without being certified as a ".vn" domain
registrar or without entering into an agency contract with a domestic
".vn" domain registrar.
Article 46. Violations against
regulations on registration and use of IP addresses and ASNs
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Carrying out routing of IP address zones that
fall outside of the list of IP addresses under the management of the Ministry
of Information and Communications, except for connection to international
gateways;
b) Producing or importing equipment and/or software
programs capable of Internet connection against regulations on or roadmap for
application of IPv6 technology (new IP address);
c) Failing to notify changes in contact information
when applying for IP address registration;
d) Failing to provide and update information used
for IP address zones and ASNs which have been assigned at the request of the
Ministry of Information and Communications;
dd) Failing to cooperate with competent authorities
in verifying and dealing with IP addresses and ASNs assigned when they are
involved in violations against law.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to send report on receipt and use of IP
addresses and ANSs directly from international organizations to the Ministry of
Information and Communications;
b) Failing to return assigned IP addresses/ASNs
which are no longer used;
c) Failing to carry out the routing or suspend the
promotion of IP addresses and ASNs at the request of the Ministry of
Information and Communications.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Carrying out routing or using IP address
zones/ASNs assigned or distributed to other entities without their permission;
b) Failing to stop using IP address zones/ASNs
which are subject to a revocation decision;
c) Re-distributing IP address zones/ASNs without
obtaining eligibility as an Internet service provider.
4. Remedial measures:
a) Enforced return of IP address zones/ASNs to
international organizations in case of commission of the violation in Point a
Clause 2 of this Article;
b) Enforced revocation of IP address zones/ASNs in
case of commission of the violation in Point b Clause 2 of this Article.
Article 47. Violations against
regulations on registration and assignment of new generic top-level domain name
(New gTLDs)
1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Carrying out procedures for registration of New
gTLD with ICANN without obtaining written opinions from the Ministry of
Information and Communications;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to notify the Ministry of Information
and Communications of assignment of lower-level domain names below New gTLD to
organizations or individuals other than member units or affiliated individuals
of the agency or organization that has registered that New gTLD;
b) Assigning lower-level domain names below New
gTLD against regulations on management of Internet resources.
3. Additional penalties:
The violating entity’s operation shall be suspended
for a fixed period of 01 – 03 months in case of commission of the violation in
Point a Clause 1 or Clause 2 of this Article.
Article 48. Violations against
regulations on transfer and leasing of telecommunications numbers
1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to send a written notification of
leasing of telecommunications subscriber numbers, which must be accompanied by
the lease agreement of telecommunications subscriber numbers or contract for
purchasing of telecommunications services, or failing to send such written
notification by the prescribed deadline to the competent telecommunications
authority;
b) Failing to notify the competent
telecommunications authority of termination of the lease agreement of
telecommunications subscriber numbers, or contract for purchasing of
telecommunications services, by the prescribed deadline;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Entering in a lease agreement of telecommunications
subscriber numbers or contract for purchasing of telecommunications services
that lacks one of required contents;
dd) Transferring or receiving transfer of the
rights to use telecommunications numbers assigned via auction without obtaining
a written approval from the Ministry of Information and Communications.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Leasing telecommunications subscriber numbers
without reselling telecommunications services;
dd) Transferring or receiving transfer of the
rights to use telecommunications numbers assigned without auction;
c) Transferring the rights to use
telecommunications numbers when failing to get the lawful rights to use such
telecommunications numbers;
d) Receipt of transfer of the rights to use
telecommunications numbers by an organization or individual that is not
licensed or is ineligible to invest, operate and use of such telecommunications
numbers;
dd) Failing to notify a competent
telecommunications authority in writing of termination of the lease agreement
of telecommunications subscriber numbers, or contract for purchasing of
telecommunications services.
3. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
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b) Leasing telecommunications subscriber numbers
for a period in excess of the remaining validity of the telecommunications
license of the lessee or lessor;
c) Leasing telecommunications subscriber numbers
against the telecommunications numbering scheme or regulations on management
and use of telecommunications numbers.
4. Additional penalties:
The telecommunications license shall be suspended
for a fixed period of 10 - 12 months in case of commission of the violation in
Point dd Clause 1 or Clause 2 of this Article.
5. Remedial measures:
a) Enforced restoration of the initial state which
has been changed due to the commission of any of the violations in Points a, b,
c and d Clause 2 of this Article;
b) Enforced
return of benefits illegally obtained from the commission of any of the
violations in Point c and dd Clause 1, Points a, b, c and d Clause 2 and Clause
3 of this Article.
Article 49. Violations against regulations on auction of
rights to use telecommunications numbers
1. A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for failing to
make full payment of the successful bid according to the specified method, time
and location.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Providing
inaccurate information to be eligible to participate in auction of the rights
to use telecommunications numbers;
b) Failing
to perform one of contents in the written commitment after winning at the
auction of the rights to use telecommunications numbers.
3. A fine
ranging from VND 140,000,000 to VND 170,000,000 shall be imposed for entering
into collusion between bidders or participants in the auction of the rights to
use telecommunications numbers.
4. A fine
ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for organizing
an auction of the rights to use telecommunications numbers but failing to get the
lawful rights to use such telecommunications numbers.
5. Remedial
measures:
a) Enforced
invalidation of auction results in case of commission of any of the violations
in Clauses 1, 3 and 4 of this Article;
b) Enforced
revocation of assigned telecommunications numbers in case of commission of any
of the violations in Clauses 2, 3 and 4 of this Article;
c) Enforced
return of benefits illegally obtained from the commission of any of the
violations in Clauses 2, 3 and 4 of this Article.
Article 50. Violations against regulations on transfer and
auction of rights to use Internet resources
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a) Failing
to make full payment of the successful bid according to the specified method,
time and location;
b)
Transferring the rights to use Internet domain name against transfer
procedures.
2. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
commission of one of the following violations:
a) Transferring the rights to use “.vn” domain name
which is not allowed to be transferred;
b) Transferring the rights to use Internet
resources but failing to get the lawful rights to use such Internet resources.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing inaccurate information to be eligible
to participate in auction of the rights to use Internet resources;
b) Entering in collusion between participants in
auction of the rights to use Internet resources;
c) Transferring the rights to use “.vn” domain
names assigned via auction without obtaining a written approval from the
Ministry of Information and Communications;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
a) Enforced making of full payment of successful
bid of the auction of the rights to use Internet resources in case of commission
of the violation in Point a Clause 1 of this Article;
b) Enforced return of benefits illegally obtained from
the commission of any of the violations in Clause 2 and 3 of this Article;
c) Enforced revocation of Internet resources in
case of commission of the violation in Clause 3 of this Article;
d) Enforced invalidation of auction results in case
of commission of the violation in Point a or b Clause 3 of this Article.
Section 6. VIOLATIONS AGAINST
REGULATIONS ON TELECOMMUNICATIONS QUALITY
Article 51. Violations against
regulations on certification and declaration of conformity
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failing to retain documents on
certification/declaration of conformity as prescribed.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following violations:
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b) Manufacturing/importing equipment included in
the list of information technology and communications products subject to
compulsory declaration of conformity but failing to carry out procedures for
declaration of conformity or failing to place conformity marks on such
equipment before they are sold on the market;
c) Connecting equipment pieces which are included
in the list of potentially unsafe telecommunications products to a public
telecommunications network but failing to carry out procedures for
certification/declaration of conformity and place conformity marks on such
equipment pieces as prescribed;
d) Using a conformity mark which is not conformable
with the adopted method of declaration of conformity or other than the
registered template of conformity mark;
dd) Failing to carry out procedures for re-grant of
certificate of conformity and declaration of conformity as prescribed;
e) Failing to supervise products certified to be
conformable as prescribed.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to continuously maintain the certified
or declared quality of equipment when manufacturing, importing or selling equipment
in the list of information technology and communications products subject to
compulsory certification and declaration of conformity or the list of
information technology and communications products subject to compulsory
declaration of conformity.
4. Remedial measures:
a) Enforced recall of products/equipment sold on
the market in case of commission of any of the violations in Clause 2 of this
Article;
b) Enforced repurposing, recycling or re-export of
imports in case of commission of the violation in Clause 3 of this Article.
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1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to provide telecommunications
information/figures by the prescribed deadline or providing inadequate
information/figures.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to provide accurate and complete
figures as recorded on the telecommunications enterprise’s technical system.
3. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for failing to establish or maintain operation of
the transmission line which is used for providing telecommunications figures at
the request of a competent telecommunications authority.
Article 53. Violations against
regulations on quality of telecommunications networks and services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to meet the deadline for completing
procedures for declaration of quality of telecommunications services which are
included in the list of telecommunications services subject to compulsory
quality management;
b) Failing to regularly monitor the quality of all
rendered telecommunications services which are included in the list of
telecommunications services subject to compulsory quality management;
c) Promulgating Regulation on self-inspection of
quality of rendered telecommunications services which are included in the list
of telecommunications services subject to compulsory quality management but
such Regulation does not include all required contents as prescribed;
d) Publishing or posting the declaration of quality
of rendered telecommunications services which are included in the list of
telecommunications services subject to compulsory quality management on the
telecommunications enterprise’s website or its transaction locations or POSs
but such published or posted declaration of quality does not match with the one
included in the set of documents on declaration of quality of
telecommunications services submitted to the competent telecommunications
authority.
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a) Failing to make declaration of quality according
to standards voluntarily applied to telecommunications services which are not
included in the list of telecommunications services subject to compulsory
quality management on the telecommunications enterprise's website;
b) Failing to publish or post the declaration of
quality of rendered telecommunications services which are included in the list of
telecommunications services subject to compulsory quality management on the
telecommunications enterprise’s website or its transaction locations or points
of public telecommunications services as prescribed;
c) Failing to promulgate Regulation on self-inspection
of quality of rendered telecommunications services which are included in the
list of telecommunications services subject to compulsory quality management as
prescribed;
d) Failing to create a service quality management
item on the telecommunications enterprise’s website;
dd) Failing to submit periodical or ad hoc reports
on quality of telecommunications services by the deadlines prescribed or
requested by competent authorities;
e) Improperly or insufficiently retaining
figures/documents used for making reports on quality of telecommunications
services;
g) Failing to provide sufficient and accurate
documents/figures to serve the inspection of quality of telecommunications
services;
h) Improperly or insufficiently performing contents
of self-inspection of quality of telecommunications services as prescribed;
i) Failing to keep adequate reports on periodical
self-inspection of quality of telecommunications services and reports on
self-measurement of quality indicators of each telecommunications service and
all supporting documents/figures as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to make declaration of quality according
to National technical regulations for telecommunications services which are
included in the list of telecommunications services subject to compulsory
quality management;
b) Failure to re-make and meet the deadline for
completing procedures for declaration of quality of telecommunications services
which are included in the list of telecommunications services subject to compulsory
quality management in case relevant national technical regulations are amended
or the telecommunications enterprise makes changes related to declared
contents;
c) Failing to submit periodical reports by the
prescribed deadlines or failing to submit ad hoc reports on quality of
telecommunications services at the request of a competent telecommunications
authority;
d) Failing to retain figures/documents used for
making reports on quality of telecommunications services for a prescribed
period;
dd) Retained figures/documents used for making
reports do not match with those submitted to the competent telecommunications
authority;
e) Failing to provide documents/figures to serve
the inspection of quality of telecommunications services;
g) Failing to provide technical assistance for
competent authorities in accessing the telecommunications enterprise’s systems
for verification of figures;
h) Failing to carry out the self-inspection of
quality of telecommunications services as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) Failing to publish information to be published
by a telecommunications enterprise on its service quality management item as
prescribed.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing a telecommunications service with a
quality indicator lower than the declared one;
b) Failing to make declaration of quality or
failing to inspect/control quality of telecommunications networks and services
which are included in the list of telecommunications networks and services
subject to compulsory quality management.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for providing a telecommunications service with two
or more quality indicators lower than the declared ones.
Article 54. Violations against
regulations on inspection of telecommunications equipment and radio stations
1. A fine ranging from VND 600,000 to VND 1,000,000
shall be imposed for the commission of one of the following violations:
a) Failing to post the copy of the inspection
certificate at the place where the telecommunications equipment or radio
station is installed;
b) Failing to post the Declaration of the base
transceiver station (BTS) which is not included in the list of
telecommunications equipment and radio stations subject to mandatory
inspection.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to conduct timely re-inspection of
telecommunications equipment or radio station whose inspection certificate is
expiring;
b) Failing to conduct irregular inspection in a
timely manner of telecommunications equipment or radio station which has been
inspected in case there are changes in excess of permitted safety limits
specified in the inspection certificate or such telecommunications equipment or
radio station is no longer conformable with national technical regulations;
c) Failing to submit reports to the inspection body
that has issued the inspection certificate on changes in the telecommunications
equipment or radio station by the prescribed deadline.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Using telecommunications equipment or radio
station with an expired inspection certificate;
b) Failing to conduct inspection of
telecommunications equipment or radio station which is included in the list of
telecommunications equipment and radio stations subject to mandatory inspection
before they are put into operation;
c) Failing to submit reports on inspection as
prescribed.
Section 7. VIOLATIONS AGAINST
REGULATIONS ON TELECOMMUNICATIONS SERVICE CHARGES AND PROMOTIONS
Article 55. Violations against
regulations on telecommunications service charges
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to meet the prescribed deadline for
reporting on prime costs of telecommunications services to competent
authorities;
b) Submitting a report on prime costs of
telecommunications services which does not contain adequate information as
prescribed.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to give notification of
telecommunications service charges set by the telecommunications enterprise to
competent telecommunications authorities as prescribed;
b) Charging telecommunications services which are
included in the list of telecommunications services whose charges must be
registered before completing procedures for registration of such
telecommunications service charges with a competent telecommunications
authority as prescribed or before obtaining an approval for such
telecommunications service charges from a competent telecommunications
authority;
c) Setting up telecommunications services with
charges which are not conformable with the ones registered or notified to the
competent telecommunications authority;
d) Failing to submit the pricing plan for
telecommunications services whose charges are set by the Government;
dd) Failing to submit the plan on exemption and
reduction of service charges serving the performance of public-utility
telecommunications tasks to the Ministry of Information and Communications;
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4. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for the commission of one of the following
violations:
a) Imposing service charges, price bracket of public-utility
telecommunications services and/or connection charges other than those decided
by the Ministry of Information and Communications;
b) Giving exemption from or reduction of service
charges to serve the performance of public-utility telecommunications tasks
before the Ministry of Information and Communications issues an exemption or
reduction decision;
c) Failing to carry out procedures with a competent
telecommunications authority for registration of charges for telecommunications
services which are included in the list of telecommunications services whose
charges must be registered.
5. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following
violations:
a) Performing cross-subsidization between
telecommunications services when determining the prime costs or charges for
telecommunications services;
b) Failing to comply with the charges for
telecommunications services registered or notified to the competent
telecommunications authority;
c) Providing telecommunications services with
charges which are too low compared with the average market charges for
telecommunications services regulated by the Ministry of Information and
Communications;
d) Failing to implement measures for
controlling/stabilizing telecommunications service charges at the request of
competent authorities.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to comply with the decision to suspend
application of telecommunications service charges issued by the Ministry of
Information and Communications;
b) Failing to submit reports on prime costs of
telecommunications services to competent telecommunications authorities;
c) Failing to include a binding condition that the
foreign partner must comply with the committed traffic volume in the contract
signed with that foreign partner or charging incoming international calls too
low or entering into negotiation, transfer pricing or discounting resulting in
considerable reduction in charges for incoming international calls;
d) Imposition of charges for telecommunications services
lower than prime costs by a telecommunications enterprise holding dominant
market position.
7. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of any of the violations in Point c Clause 3, Point a Clause 4,
Clause 5 and Clause 6 of this Article.
Article 56. Violations against
regulations on promotions of telecommunications services and specialized
telecommunications products
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to implement the promotional program on
the day announced;
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c) Failing to apply the announced promotional value
when implementing a promotional program;
d) Providing promotions to beneficiaries other than
the ones announced;
dd) Implementing a promotional program whose
contents are different from the ones announced.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Offering promotions of specialized
telecommunications products/services while being not a telecommunications
enterprise or rent by a telecommunications enterprise;
b) Using types of telecommunications services/
specialized telecommunications products which are not included in the list of
telecommunications services and specialized telecommunications products
promulgated by the Ministry of Information and Communications;
c) Giving promotion with the promotional value of
each telecommunications service or specialized telecommunications product or
total value of promotional services/products in a promotional program exceeding
maximum promotional limits prescribed by law;
d) Giving promotion in the form of price discounts
on telecommunications services/ specialized telecommunications products against
law regulations;
dd) Applying units of telecommunications
services/specialized telecommunications products in promotional programs
against law regulations;
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g) Failing to implement the promotional program on
the registered date;
h) Implementing the promotional program longer than
total days registered;
i) Implementing a promotional program with the
promotional value other than the one registered;
k) Providing promotions to beneficiaries other than
the ones registered;
l) Implementing a promotional program whose
contents are different from the ones registered;
m) Failing to take back mobile subscriber numbers
issued to clients for trial use of services.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Giving SIM cards or telephones equipped with
subscriber numbers to clients who do not register for trial use of mobile communications
services;
b) Launching or providing SIM cards which have been
topped up;
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d) Failing to give notification of types and face
values of recharge cards to the Ministry of Information and Communications
before they are issued;
dd) Providing trial mobile telecommunications
services for clients who do not voluntarily register for trial use of services;
e) Providing mobile telecommunications service to
clients for free trial when the licensed trial duration expires or such service
has been supplied on the market for more than 12 months;
g) Providing mobile telecommunications service for
trial for a period exceeding 01 month;
h) Providing mobile telecommunications service to
clients for free trial with total amount payable exceeding VND 100,000;
i) Gifting of specialized mobile communications
products or mobile communications services without selling of goods or supply
of services;
k) Selling goods or providing services with
vouchers to buy SIM cards or telephones with mobile subscriber number available
or to buy recharge cards;
l) Giving a voucher for using mobile communications
services which becomes effective before the contact duration, data volume or
package used by the client equals those specified in the voucher to that
client;
m) Applying promotional programs for regular
clients to ineligible entities.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to send notification of promotional
programs for specialized telecommunications products/services to competent
authorities;
b) Failing to carry out procedures for registration
of promotional programs for specialized telecommunications products/services
with competent authorities;
c) Performing a promotional program for a type of
telecommunications services/specialized telecommunications products associated
with allowing clients to participate in a lucky draw program for a period
exceeding the prescribed one;
d) Giving discounts on a type of telecommunications
services/specialized telecommunications products for a period exceeding the
prescribed one;
dd) Implementing promotional programs in the form
of discounts on a type of telecommunications services/specialized
telecommunications products or promotional programs for telecommunications
services/specialized telecommunications products associated with allowing
clients to participate in lucky draw programs in a year with total duration of
such programs exceeding the prescribed maximum duration in a year of such
programs;
e) The charge for a mobile communications service
rendered in a discount program by a mobile service provider holding a dominant
market position is lower than the prime cost of that service registered with
the Ministry of Information and Communications.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for giving discounts on telecommunications
services/specialized telecommunications products whose charges/prices are set
by the Government or giving discounts on telecommunications
services/specialized telecommunications products whose price bracket or floor
prices are set by the Government resulting in charges/prices of such
services/products lower than the prescribed floor prices.
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to implement the written decision to
suspend a promotional program issued by a competent telecommunications
authority.
7. Additional penalties:
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8. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Clause 6 of this Article.
Chapter IV
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON RADIO FREQUENCIES, PENALTIES AND REMEDIAL
MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON LICENSING AND USE OF RADIO FREQUENCIES
Article 57. Violations against
regulations on radio frequency licensing
1. The following penalties and fines shall be imposed
for failing to apply for re-issuance of license if it was lost, torn, burnt or
otherwise destroyed:
a) A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed if the violation involves the license to use
radio frequency (RF) and RF devices;
b) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed if the violation involves the license to use
satellite frequency and orbit;
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2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for deliberately forging or providing false
information for obtaining a license to use RFs.
3. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for erasing or altering contents of the license to use RFs.
4. Additional penalties:
The license to use RFs shall be confiscated in case
of commission of the violation in Clause 2 or 3 of this Article.
5. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Clause 2 of this Article.
Article 58. Violations against
regulations on use of RFs and RF devices
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to place antennas of radio transmitters
at proper positions or installing radio transmitters at locations other than
the ones specified in the license to use RFs and RF devices within a provide or
central-affiliated city;
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2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for the commission of one of the following
violations:
a) Using radio stations installed on fishing
vessels or wireless radio broadcasting stations without the license;
b) Using a mobile radio station of an internal
radiocommunication network without the license;
c) Failing to use proper frequencies specified in
the license to use RFs and RF devices for radio stations installed on fishing
vessels and mobile radio stations of an internal radiocommunication network;
d) Failing to place antennas of radio transmitters
at proper positions or installing radio transmitters at locations other than
the ones specified in the license to use RFs and RF devices outside a provide
or central-affiliated city;
dd) Performing service or adopting transmitting
method other than those specified in the license to use RFs;
e) Usage of RFs by an entity other than the one
specified in the license to use frequency bands or license to use satellite
frequency and orbit.
3. The following fines shall be imposed for using
RFs and RF devices without a valid license or when a competent authority has
made a decision to revoke the license or a written request for suspension of
use of RFs/RF devices:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity not exceeding or equal to 15W;
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c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 100W but not exceeding or equal to 500W;
d) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 500W but not exceeding or equal to 1kW;
dd) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 1kW but not exceeding or equal to 5kW;
e) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 5kW but not exceeding or equal to 10kW;
g) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 10kW but not exceeding or equal to 20kW.
4. The following penalties and fines shall be
imposed for using RFs and RF devices with improper frequencies or transmitting
capacity exceeding the one specified in the license:
a) A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity not exceeding or equal to 15W;
b) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 15W but not exceeding or equal to 100W;
c) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 100W but not exceeding or equal to 500W;
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dd) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 1kW but not exceeding or equal to 5kW;
e) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 5kW but not exceeding or equal to 10kW;
g) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 10kW but not exceeding or equal to 20kW;
h) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the violation involves RF devices with
transmitting capacity exceeding 20kW.
5. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for using satellite earth stations against the
license to use RFs and RF devices.
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Using frequency band and position of a satellite
in an orbit against the license to use satellite frequency and orbit;
b) Failing to comply with the law of Vietnam,
international agreements or international treaties relating to operation of
certain RF devices installed on Vietnamese- or foreign-flagged aircrafts/vessels
when they operate in the territory of Vietnam;
c) Using frequencies outside the licensed frequency
band;
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dd) Having a maximum radiation out of the frequency
coverage in excess of the limits specified in the license to use frequency
bands;
e) Misusing RFs exclusively used for emergencies,
distress and safety, search and rescue, national defense and security;
g) Using satellite earth stations without the
license to use RFs and RF devices.
7. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for using frequency bands or using satellite
frequency and orbit without a valid license.
8. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed failing to obtain a license when using RFs/RF
devices with a capacity exceeding 20kW.
9. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed failing to obtain a license when using frequency bands.
10. Additional penalties:
a) The license to use RFs shall be suspended for a
fixed period of 01 - 03 months in case of commission of any of the violations
in Points c, d, dd Clause 2, Clause 4, Clause 5 of this Article;
b) The license to use RFs shall be suspended for a
fixed period of 12 - 24 months in case of commission of the violation in Point
a, c, d, dd or e Clause 6 of this Article;
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Article 59. Violations against
regulations on auction of rights to use RFs
1. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to make full payment of the successful
bid according to the specified method, time and location.
2. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to perform committed contents after
winning at the auction of rights to use RFs;
b) Entering into collusion between bidders or
participants in the auction of rights to use RFs;
c) Deliberately forging or providing false information
to be eligible to participate in the auction of rights to use RFs.
3. Additional penalties:
a) The license to use RFs shall be confiscated in
case of commission of the violation in Point b or c Clause 2 of this Article;
b) The license to use RFs shall be suspended for a
fixed period of 01 - 03 months in case of commission of the violation in Point
a Clause 2 of this Article.
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Results of the auction of rights to use RFs must be
invalidated in case of commission of any of the violations in Clause 1 and
Clause 2 of this Article if there is no license issued.
Article 60. Violations against
regulations on selection of qualified entities to use RFs
1. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to perform one of contents of the
written commitment after obtaining the license to use RFs through a formal
selection;
b) Entering into collusion between applicants for
the rights to use RFs through a formal selection;
c) Deliberately forging or providing false
information to be eligible to apply for the rights to use RFs through a formal
selection.
2. Additional penalties:
The license to use RFs shall be suspended for a
fixed period of 12 - 24 months in case of commission of the violation in Point
a Clause 1 of this Article.
3. Remedial measures:
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Article 61. Violations against
regulations on transfer of rights to use RFs
1. A fine ranging from VND 30,000,000 to VND 50,000,000
shall be imposed for the commission of one of the following violations:
a) Failing to obtain a written approval from the
Ministry of Information and Communications when transferring rights to use RFs
granted through auction;
b) Transferring rights to use RFs granted through
auction within 03 years from the license issue date.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for transferring rights to use RFs granted without
auction.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for providing false information or forging
documents on transfer of rights to use RFs.
4. Additional penalties:
The license to use RFs shall be suspended for a
fixed period of 01 - 03 months in case of commission of any of the violations
in Clause 1 through 3 of this Article.
5. Remedial measures:
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b) Enforced restoration of the initial state which
has been changed due to the commission of any of the violations in Clause 1
through 3 of this Article.
Article 62. Violations against
regulations on lease and lending of RF devices
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for entering into a RF device lease/lending
contract which lacks one of the required contents.
2. A fine ranging from VND 2,000,000 to VND 5,000,000
shall be imposed for the commission of one of the following violations:
a) Failing to modify the signed RF device
lease/lending contract upon the occurrence of changes in the license to use RFs
and RF devices;
b) Failing to prepare a RF device lease/lending
dossier as prescribed;
c) Failing to retain relevant documents during and
after termination of the lease/ lending of RF devices as prescribed;
d) Failing to send the RF device lease/lending
dossier to the local Regional Radio Frequency Center by the prescribed
deadline.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failure to prepare documents relating to the
lease or lending of radio devices;
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to notify the local Regional Radio
Frequency Center of modification or cancellation of the signed RF device
lease/lending contract.
5. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of the violation in Point a Clause 3 of this Article;
b) Enforced restoration of the initial state which
has been changed due to the commission of the violation in Point a Clause 3 of
this Article.
Article 63. Violations against
regulations on radio frequency sharing
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for the commission of one of the following
violations:
a) Making conversations which do not serve the
performance of public duties, proper entities and purposes specified in the
license;
b) Making calls when the RF channel is in use by
others, unless such calls are related to an emergency or human life and safety;
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d) Making a conversation for a continuous period of
more than 05 minutes;
dd) Failing to use call signs to start and end a
call.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for the commission of one of the following
violations:
a) Deliberately using backup frequencies when the
main assigned frequency is interfered or in use by another individual or
organization;
b) Deliberately collecting or using information
received from other radio stations that use the same RF.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to use the codes issued by a RF
management authority when using enciphered information.
4. Additional penalties:
The license to use RFs shall be suspended for a
fixed period of 01 – 03 months in case of commission of the violation in Clause
3 of this Article.
Article 64. Violations against
regulations on provision and use of license-exempt RF devices
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2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing RF devices which are
included in the List of license-exempt RF devices but failing to complete
procedures for certification and declaration of conformity before selling such
RF devices on the market.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing, importing or selling RF devices
on the market but failing to maintain quality of such RF devices according to
their technical and operational conditions.
4. Remedial measures:
a) Enforced recall of RF devices sold on the market
in case of commission of the violation in Clause 2 or 3 of this Article;
b) Enforced repurposing, recycling or re-export of
RF devices in case of commission of the violation in Clause 3 of this Article.
Article 65. Violations against
regulations on radio operator certificates
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to process a valid radio operator
certificate directly operating RF devices of maritime or aeronautical mobile
services or amateur RF devices;
b) Forging documents when applying for issuance,
renewal or re-issuance of a radio operator certificate.
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a) Assigning a person who does not possess a valid
radio operator certificate or hold an inappropriate one to operate RF devices
of maritime or aeronautical mobile services or amateur RF devices;
b) Using a radio operator certificate which has
been erased or altered when operating RF devices of which the operator is
required to have a professional radio operator certificate.
3. Additional penalties:
The radio operator certificate shall be confiscated
in case of commission of the violation in Point b Clause 2 of this Article.
4. Remedial measures:
Enforced return of radio operator certificate in
case of commission of the violation in Point b Clause 1 of this Article.
Article 66. Violations against
regulations on use of RFs and RF devices for emergencies
1. A warning or a fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for failing to notify a competent RF management
authority after having temporarily used unlicensed RFs and RF devices for make
emergency calls in emergencies that might danger to human life and property.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failing to notify the testing for operation of
RF devices on radio frequencies for emergencies.
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1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing RF devices/devices
using radio waves, which are intended to be used in Vietnam, against RF
planning.
2. Remedial measures:
a) Enforced recall of domestically manufactured RF
devices/devices using radio waves which are in used in case of commission of
the violation in Clause 1 of this Article;
b) Enforced recycling or re-export of imported RF
devices/devices using radio waves in case of commission of the violation in
Clause 1 of this Article.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON RADIO EMISSIONS, RF RADIATION PROTECTION AND ELECTROMAGNETIC
COMPATIBILITY
Article 68. Violations against
regulations on radio emission quality management
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for using RF devices which are included in the list
of RF devices capable of causing harmful interference but their quality does
not meet quality requirements in corresponding national technical regulations
on radio emission quality.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing RF devices which are
included in the list of RF devices capable of causing harmful interference but
failing to complete procedures for certification/declaration of conformity or
placing conformity marks on such RF devices before they are sold on the market.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing, importing or selling RF devices
which are included in the list of RF devices capable of causing harmful
interference but their quality does not meet quality requirements in
corresponding national technical regulations as certified.
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The exhibits and instrumentalities used for
committing the administrative violation in Clause 1 of this Article shall be
confiscated.
5. Remedial measures:
a) Enforced recall of RF devices sold on the market
in case of commission of the violation in Clause 2 or 3 of this Article;
b) Enforced repurposing, recycling or re-export of
RF devices in case of commission of the violation in Clause 3 of this Article.
Article 69. Violations against
regulations on management of RF radiation protection
1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for failing to meet corresponding technical
regulations on RF radiation protection when using radio stations/devices using
radio waves which are included in the list of RF devices/devices using radio
waves that might produce harmful RF radiation.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing RF devices included
in the list of RF devices/devices using radio waves that might produce harmful
RF radiation but failing to complete procedures for certification/declaration
of conformity or placing conformity marks on such RF devices before they are
sold on the market.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing, importing or selling RF devices
included in the list of RF devices/devices using radio waves that might produce
harmful RF radiation but their quality does not meet quality requirements in
corresponding national technical regulations as certified.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for operating a radio station which is included in
the List of radio stations subject to mandatory inspection of RF radiation with
an expired inspection certificate.
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The exhibits and instrumentalities used for
committing the violation in Clause 1 of this Article shall be confiscated.
6. Remedial measures:
a) Enforced recall of RF devices in case of
commission of the violation in Clause 2 or 3 of this Article;
b) Enforced repurposing, recycling or re-export of
RF devices in case of commission of the violation in Clause 3 of this Article.
Article 70. Violations against
regulations on electromagnetic compatibility management
1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for failing to comply with regulations on
electromagnetic compatibility management when using electrical and/or
electronic devices which may emit RF radiation.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing electrical and/or
electronic devices which may emit RF radiation and are included in the list of
devices capable of creating potentially unsafe situations due to
electromagnetic incompatibility but failing to complete procedures for
certification/declaration of conformity or placing conformity marks on such RF
devices before they are sold on the market.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing, importing or selling electrical
and/or electronic devices which may emit RF radiation and are included in the
list of devices capable of creating potentially unsafe situations due to
electromagnetic incompatibility but their quality does not meet quality
requirements in corresponding national technical regulations as certified.
4. Additional penalties:
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5. Remedial measures:
a) Enforced recall of electrical and/or electronic
devices sold on the market in case of commission of the violation in Clause 2
or 3 of this Article;
b) Enforced repurposing, recycling or re-export of
electrical and/or electronic devices in case of commission of the violation in
Clause 3 of this Article.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON RESOLUTION OF HARMFUL INTERFERENCE PROBLEMS
Article 71. Violations against
regulations on harmful interference
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failure to comply with or insufficient
implementation of regulations on RF radiation protection and electromagnetic
compatibility management when using electrical device, electronic devices
and/or devices using radio waves which may emit RF radiation resulting in
harmful interference caused to radio stations, radiocommunication networks and
systems licensed to use RFs.
2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for failure to comply with or insufficient
implementation of regulations on RF radiation protection and electromagnetic
compatibility management when using electrical device, electronic devices and/or
devices using radio waves which may emit RF radiation causing harmful
interference to radio stations, radiocommunication networks and systems
licensed to use RFs.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to comply with technical regulations or
regulations adopted by competent authorities when using RF devices causing
harmful interference to:
a) Mobile telecommunications networks, private
telecommunications network or internal radiocommunication networks; or
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4. A fine ranging from VND 10,000,000 to VND 30,000,000
shall be imposed for use of RF devices against the issued license or
regulations adopted by competent authorities causing harmful interference to:
a) Fixed public telecommunications network or land
earth station;
b) Private telecommunications network, or
broadcasting frequency channels or other lawful channels/frequencies for
receiving and transmitting radio waves with a national scale; or
c) Public mobile telecommunications network,
mobile-satellite telecommunications network or marine radiocommunication
network.
5. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for use of RF devices against the issued license or
regulations adopted by competent authorities causing harmful interference to:
a) Private telecommunications network, dedicated
telecommunications network or broadcasting frequency channels or other lawful
channels/frequencies for receiving and transmitting radio waves with an
international scale; or
b) Frequencies for calls, watch duty, search and
rescue, disaster preparedness and control, domestic and international reference
signals.
6. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Deliberately using radio transmitters to cause
harmful interference which obstructs operation of licensed radiocommunication
networks and systems;
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c) Failing to implement measures for resolving
harmful interference as prescribed or at the request of a competent authority;
d) Using jammers without the permission by the
Ministry of National Defence, Ministry of Public Security or the Prime
Minister;
dd) Providing false information and/or evidence
concerning harmful interference to RF management authorities.
7. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for using RF devices which cause harmful
interference to radio communications for navigation, distress and safety,
search and rescue, national defense and security purposes after being requested
to stop using such devices by a competent authority.
8. Additional penalties:
a) The exhibits and instrumentalities used for
committing any of the administrative violations in Clause 1 through 5, Points
a, b, c and d Clause 6 and Clause 7 of this Article shall be confiscated;
b) The license to use RFs shall be suspended for a
fixed period of 01 – 03 months in case of commission of any of the violations
in Clause 4, Clause 5, Points a, b, c and d Clause 6 and Clause 7 of this
Article.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON INTERNATIONAL REGISTRATION AND COOPERATION IN SATELLITE
FREQUENCIES AND ORBIT
Article 72. Violations against
regulations on international registration for use of satellite frequencies and
orbit
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a) Using RFs and RF devices that may cause harmful
interference to radio operations of another State;
b) Using radio frequencies for serving operation of
international radiocommunication systems;
c) Using radio frequencies which have been assigned
by an international authority to other States;
d) Using radio frequencies in case the cooperation
is required according to international agreements or international treaties to
which Vietnam is a signatory.
2. Additional penalties:
The license to use RFs shall be suspended for a
fixed period of 01 – 03 months in case of commission of any of the violations
in Clause 1 of this Article.
Article 73. Violations against
regulations on international cooperation
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to engage in international cooperation
in satellite frequencies and orbit for satellite system or in RFs for
terrestrial radiocommunication system with RF management authorities of other
States in accordance with the law of Vietnam or regulations adopted by the
International Telecommunication Union (ITU).
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to obtain permission from the Ministry
of Information and Communications when directly cooperating with foreign users
of RFs/satellite orbit.
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The license to use RFs shall be suspended for a fixed
period of 01 – 03 months in case of commission of the violation in Clause 1 or
2 of this Article.
Chapter V
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INFORMATION TECHNOLOGY (IT), PENALTIES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON INFORMATION TECHNOLOGY APPLICATION AND DEVELOPMENT MEASURES
Article 74. Violations against
regulations on IT development
1. A fine ranging from VND 5,000,000 to VND
7.000.000 shall be imposed for insufficiently publishing digital contents on products
or their packaging as prescribed when manufacturing or providing complete
digital content products.
2. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for failing to publish digital contents on products
or their packaging as prescribed when manufacturing or providing complete
digital content products.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to obtain an approval from a competent authority
when assigning, selling or transferring technologies/solutions for developing
key IT products funded by the State;
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c) Providing false information to be eligible to
engage in key IT product development programs funded by the State;
d) Performing fraudulent acts in organization of
examinations and issuance of certificates of completion of training in IT
application by foreign institutions for using in Vietnam.
4. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for failing to finish the construction of
infrastructure facilities of a concentrated IT park on schedule.
5. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to properly operate the concentrated IT
park according to its objectives, functions and duties;
b) Failing to satisfy or to maintain the
satisfaction of all criteria for a concentrated IT park during its operation.
6. Additional penalties:
The decision on accreditation of certificates of
completion of training in IT application issued by foreign institutions for
using in Vietnam shall be confiscated in case of commission of the violation in
Point d Clause 3 of this Article.
7. Remedial measures:
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Article 75. Violations against
regulations on infrastructure facilities serving IT application and development
1. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for infringing on legitimate rights and interests
of database owners or obstructing owners in using their database when
re-manufacturing, distributing, promoting, transmitting and/or providing
component contents of database.
2. A fine ranging from VND 140,000,000 to VND 170,000,000
shall be imposed for sabotaging information infrastructure or cyberinformation.
3. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of the administrative violation in Clause 1 of this
Article;
b) Enforced restoration of initial state which has
been changed due to the commission of the violation in Clause 2 of this
Article.
Article 76. Violations against
regulations on import, recycling and repair of used IT products in the List of
goods banned from import
1. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for the commission of one of the following
violations:
a) Misusing used IT products which are included in
the List of goods banned from import and imported for scientific research purposes;
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c) Improperly implementing the plan or measures for
waste and scrap disposal or failing to adopt a plan or measures for disposal of
waste and scrap generated from the recycling/repair of used IT products which
are included in the List of goods banned from import for foreign traders;
d) Recycling/repairing used IT products which are
included in the List of goods banned from import for foreign traders without permission
from the Ministry of Information and Communications.
2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for failing to implement or failing to formulate a
plan or measures for disposal of waste and scrap generated from the recycling/repair
of used IT products which are included in the List of goods banned from import
for foreign traders.
3. Remedial measures:
a) Enforced destruction or re-export of IT products
in case of commission of any of the violations in Clause 1 and Clause 2 of this
Article;
b) Enforced return of the written permission for
recycling/repair of used IT products which are included in the List of goods
banned from import for foreign traders in case of commission of the violation
in Clause 2 of this Article.
Article 77. Violations against
regulations on protection of legitimate rights and interests of and support for
users of IT products and services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for using a false name or name of another entity
when sending information in cyberspace.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to give warning statements on IT
products/services which have contents harmful to children.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Creating, installing or spreading computer
viruses or other software programs that can damage digital devices of others;
b) Producing or supplying IT products/services that
have pornographic or criminal contents, entice social evils or superstitions,
or damage national good traditions and customs.
4. Additional penalties:
a) The exhibits and instrumentalities used for
committing the administrative violation in Clause 3 of this Article shall be
confiscated;
b) Foreigners who commit the violation in Clause 3
of this Article shall be deported from the territory of the Socialist Republic
of Vietnam.
5. Remedial measures:
a) Enforced destruction of IT products/services in
case of commission of the violation in Point b Clause 3 of this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section 2. VIOLATIONS AGAINST
REGULATIONS ON CYBERINFORMATION SECURITY
Article 78. Violations against
regulations on assurance of cyberinformation security and response to
cyberinformation security incidents
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to publish addresses for receiving
incident notifications on websites or web portals;
b) Failing to provide documents/information about
managed contact points for incident response, and human resources for
cyberinformation security and incident response to the National coordination
center;
c) Failing to provide updated information about
contact points for incident response by the prescribed deadline;
d) Violating operational regulations of the national
cyberinformation security incident response network or failing to comply with
coordination orders given by the coordination center;
dd) Failing to submit cyberinformation security
incident reports to the managing body of the compromised information system,
specialized incident response units of the same level and the National
coordination center by the prescribed deadline upon detection of an incident.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to respond to the sender of an incident
notification or an incident initial report;
c) Failing to immediately perform incident response
actions and submit reports thereof as prescribed;
d) Failing to carry out analysis, verification,
preliminary assessment and classification of the incident, and then immediately
perform incident response actions and submit reports thereof as prescribed;
dd) Failing to send reports on the incident and
incident response process and/or request for assistance in responding to the
incident or re-assessment of the severity of the incident to the managing body
of the compromised information system, the National coordination center and
specialized incident response units of the same level.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to send consolidated reports on incident
response actions at the request of the National coordination center;
b) Failing to establish or assign a specialized
incident response unit or failing to establish an incident response team as
prescribed;
c) Failing to record or receive notifications or
reports on cyberinformation security incidents in according to adopted
procedures;
d) Failing to formulate a cyberinformation security
incident response plan;
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e) Failing to prepare and submit 06-month and
annual reports;
g) Improperly complying with coordination orders
for incident response of the National coordination center.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to appoint a contact point to engage in
incident response cooperation or failing to participate in the national
cyberinformation security incident response network;
b) Failing to comply with coordination orders for
incident response of the National coordination center;
c) Failing to provide premises, gateways and other
necessary technical conditions at the request of the Ministry of Information
and Communications and/or the Ministry of Public Security;
d) Failing to organize incident response activities
in/within managed sectors/areas;
dd) Failing to cooperate with the National
coordination center, relevant service providers and regulatory authorities to
recover the most necessary functions, data or connections to minimize damage to
the information system or adverse influence on society;
e) Refusing cooperation orders while the incident
is still not yet handled thoroughly;
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h) Failing to store or provide information on
managed subscriber IP addresses, servers, IOT devices, log files and domain
name system (DNS) logs;
i) Failing to provide space for installing
monitoring/sampling devices and providing data flows;
k) Failing to arrange 24/7 standing unit or failing
to arrange personnel and material resources to cooperate and develop solutions
for responding to and remedying consequences of incidents in case a cyberattack
is determined to be originated from managed subscribers or at the request of
the National coordination center.
Article 79. Violations against
regulations on safety and security of e-transactions using digital signature or
digital certificate
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Illegally obstructing provision and use of
digital signature certification services;
b) Failing to keep confidentiality and security of
retained identification information of applicants for digital certificates.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Stealing, cheating, impersonating, appropriating
or illegally using secret keys of others;
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c) Creating key pairs by devices which fail to meet
relevant technical regulations and compulsory standards;
d) Failing to secretly retain information on
identity and private keys of subscribers whose digital certificates are
suspended;
dd) Failing to keep confidentiality of private keys
of subscribers upon their authorization.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Forging or instructing others to forge digital
certificates;
b) Failing to meet conditions to ensure security
for digital certificates as prescribed;
c) Using technical equipment and systems incapable
of detecting and warning of illegal access and cyberattacks;
d) Using a key distribution system which fails to
ensure the integrity and security of key pairs;
dd) Failing to adopt measures for controlling
entrance to the headquarters or the place where the equipment serving the
provision of digital signature certification services is located;
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4. A fine ranging from VND 70,000,000 to VND 100,000,000
shall be imposed for the commission of one of the following violations:
a) Failing to implement contingency plans for
maintaining continuous and safe operation of the system and handling incidents
when they occur;
b) Stealing private keys of Vietnam National Root
Certification Authority;
c) Illegally revealing or providing private keys of
Vietnam National Root Certification Authority;
d) Illegally using private keys of Vietnam National
Root Certification Authority;
dd) Failing to obey or improperly executing the
orders given by competent authorities according to law regulations on emergency
or for ensuring national security.
Article 80. Violations against
regulations on illegal provision or use of information in cyberspace
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for decrypting, stealing and/or using passwords,
cryptographic keys and information of other organizations/individuals in
cyberspace.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
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b) Infiltrating, altering or deleting information
of other organizations/individuals in cyberspace;
c) Obstructing the information system’s provision
of services;
d) Preventing the access to information of other
organizations/individuals in cyberspace, unless such prevention is permitted by
law;
dd) Causing insecurity or breaking confidentiality
of information exchanged, transmitted or stored in cyberspace of other
organizations/individuals.
3. Additional penalties:
Foreigners who commit the violation in Clause 1 or
2 of this Article shall be deported from the territory of the Socialist
Republic of Vietnam.
Article 81. Violations against
regulations on appropriation of property using networks
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for using means of online communication on the
Internet or telecommunications networks to appropriate property worth less than
VND 2,000,000.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
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b) Establishing systems or providing services of
diverting international calls into local calls in order to cheat and
appropriate property which is worth less than VND 2,000,000;
c) Stealing or illegally using information about
another organization’s or individual’s bank account or card to appropriate or
damage the account holder's or card holder's property or illegally pay for
goods or services worth less than VND 2,000,000.
3. Additional penalties:
The exhibits and instrumentalities used for
committing the administrative violation in Clause 2 of this Article shall be
confiscated.
4. Remedial measures:
Enforced return of benefits illegally obtained from
the commission of the violation in Clause 1 or 2 of this Article.
Article 82. Violations against
regulations on management of sending of information in cyberspace
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Sending commercial information to electronic
addresses of recipients without their consent or when they have refused to receive
such information;
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2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Forging the information sender source;
b) Failing to provide necessary technical and
professional conditions at the request of a competent authority.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to implement blocking or handling
measures upon receiving notices that the sending of information violates law
regulations.
Article 83. Violations against
regulations on prevention, detection, blocking and handling of malware
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to take measures for managing,
preventing, detecting and stopping the spread of malware;
b) Failing to submit reports to competent
authorities on the enterprise’s malware filtering system in the course of
sending, receiving and storing information on its system as prescribed by law.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
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dd) Failing to prevent or block or handle the
spread of malware as instructed or requested by a competent authority;
c) Failing to operate a technical and professional
system for preventing, detecting, blocking and promptly handling malware.
Article 84. Violations against
regulations on collection and use of personal information
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Collecting personal information without obtaining
the consent of its owner regarding the scope and purpose of collection and use
of such information;
b) Failing to refrain from providing personal
information to a third party at the request of its owner.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to use the collected personal
information for the agreed purposes or using it for the purposes other than the
agreed ones without its owner’s consent;
b) Providing or sharing or spreading the collected,
accessed or controlled personal information to a third party without its
owner's consent;
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3. Remedial measures:
Enforced removal of personal information in case of
commission of the violation in Point b Clause 1, or Point b or c Clause 2 of
this Article.
Article 85. Violations against
regulations on updating, alteration and removal of personal information
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to notify the owner of personal
information of removal of stored information or failure to take appropriate
measures for protecting their information for technical reasons.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to update, alter or remove stored
personal information at the request of its owner or failing to grant the owners
of personal information the right to access and update, alter or remove their
personal information;
b) Failing to remove stored personal information
when having accomplished their use purposes or the storage period has expired.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to implement managerial or technical
measures for protecting personal information as prescribed.
Article 86. Violations against
regulations on assurance of security of personal information in cyberspace
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2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to implement standards and technical
regulations on assurance of cyberinformation security.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to promptly take remedial and
preventive measures when a cyberinformation security incident might occur.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to promptly take remedial and
preventive measures when a cyberinformation security incident has occurred.
Article 87. Violations against
regulations on measures for security supervision and protection of information
systems
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to promulgate regulations on
cyberinformation security assurance in designing, developing, managing,
operating, using, updating or abolishing information systems.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to examine and supervise the compliance
with regulations on cyberinformation security assurance or failing o assess the
effectiveness of applied managerial and technical measures;
b) Failing to cooperate with managing bodies of
information systems in supervising the security of information systems at the
request of competent authorities;
c) Failing to execute, urge, examine and supervise
the security assurance for information systems.
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Article 88. Violations against
regulations on security assurance for information systems by classification
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to make proposal for classification or
failing to conduct appraisal and approval for proposals for classification as
prescribed.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to have a plan for ensuring
cyberinformation security appraised by a competent authority when establishing,
expanding or upgrading the information system.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to carry out inspection of information
security when establishing, expanding or upgrading a national important
information system before this system is put into operation.
Article 89. Violations against
regulations on cyberinformation security assurance for national important
information systems
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out periodical assessment of
cyberinformation security risks;
b) Failing to take standby measures for information
systems;
c) Failing to employ an appropriate professional
organization to carry out inspection and assessment of information security and
information security risks over the information system of class 3 or higher;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to develop and conduct drills in plans
or measures for protection of national important information systems.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to participate in national or
international drills organized by the Ministry of Information and
Communications;
b) Failing to cooperate in deploying equipment,
connecting technical processor systems, minimizing network attacks, supporting
the supervision of information security for the information systems providing
online public services and developing e-government.
Article 90. Violations against
regulations on prevention of online information conflicts
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to notify and provide adequate
information when detecting signs or acts of inflicting online information
conflicts or when detecting damage to information or information system;
b) Failing to receive or process notifications of
online information conflicts for responding to incidents and preventing online
information conflicts;
c) Failing to cooperate with specialized agencies
in tracing the precise source(s) of online information conflicts;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to filter information at the request of
a specialized agency or a reasonable request of the entities involved in online
information conflicts;
b) Failing to block sabotaging information
originating from the information system or failing to cooperate in determining
sources, repulsing and remedying consequences of cyber-attacks carried out via
the information systems of domestic and foreign organizations and individuals;
c) Failing to develop plans for settling conflicts
in managed online information;
d) Failing to submit consolidated reports on
settlement of online information conflicts to specialized agencies;
dd) Failing to cooperate in settling online
information conflicts.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to settle conflicts in managed online
information.
4. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for failing to provide timely and adequate
information, evidences and proofs for tracing of online information conflicts.
5. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to provide information, evidences and
proofs for tracing of online information conflicts.
Article 91. Violations against
regulations on security assurance for telecommunications resources
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Improperly or insufficiently applying managerial
and technical measures for preventing cyberinformation insecurity arising from
managed frequencies, telecommunications numbers, domain names and Internet
addresses;
b) Failing to provide information concerning
telecommunications resource security at the request of a competent state
authority;
c) Failing to provide adequate information at the
request of a competent state authority or failing to cooperate in connection
and routing to ensure the secure and stable operation of the national DNS of
Vietnam.
2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to apply managerial and technical
measures for preventing cyberinformation insecurity arising from managed
frequencies, telecommunications numbers, domain names and Internet addresses;
b) Failing to cooperate in preventing
cyberinformation insecurity arising from Internet resources or clients or
failing to provide information at the request of a competent state authority or
failing to cooperate in connection and routing to ensure the secure and stable
operation of the national DNS of Vietnam.
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1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to manage documents on technical
solutions and technologies of cyberinformation security products;
b) Failing to establish, store and keep
confidentiality of information about users of cyberinformation security
products/services;
c) Failing to submit reports to the Ministry of
Information and Communications on trading, import and export of
cyberinformation security products/services as prescribed.
2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out procedures for modification
or amendment of the license to trade/provide cyberinformation security
products/services in case the enterprise holding the license is renamed,
replaces its legal representative or changes or adds its cyberinformation
security products/services;
b) Failing to carry out procedures for re-issuance
of the license to trade/provide cyberinformation security products/services in
case the license is lost or otherwise damaged;
c) Failing to refuse to provide cyberinformation
security products/services when detecting users’ breach of agreed commitments
on use of cyberinformation security products/services;
d) Failing to suspend or terminate the provision of
cyberinformation security products/services at the request of a competent state
authority;
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e) Providing cyberinformation security services
against the license.
3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to maintain the satisfaction of
eligibility requirements for the license to trade/provide cyberinformation
security products/services;
b) Failing to cooperate and facilitate competent
authorities' performance of professional measures upon their requests.
4. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for the commission of one of the following
violations:
a) Trading/providing cyberinformation security
products/services without a valid license;
b) Trading/providing cyberinformation security
products/services which cause harm to national defense and security or social
order and safety.
5. Additional penalties:
The license to trade/provide cyberinformation
security products/services shall be suspended for a fixed period of 01 – 03
months in case of commission of the violation in Point c, d or e Clause 2,
Point b Clause 3 or Point b Clause 4 of this Article.
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Enforced return of benefits illegally obtained from
the commission of the violation in Point c, d, dd or e Clause 2 or Clause 4 of
this Article.
Article 93. Violations against
regulations on import of cyberinformation security products
1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to obtain a valid license when importing
cyberinformation security products which are included in the list of goods
requiring import license;
b) Providing inaccurate or false information when
applying for the license to import cyberinformation security products.
2. Additional penalties:
The license to import cyberinformation security
products shall be confiscated in case of commission of the violation in Point b
Clause 1 of this Article.
3. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of any of the violations in Clause 1 of this Article;
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c) Enforced recall of cyberinformation security
products in case of commission of any of the violations in Clause 1 of this
Article.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON ANTI-SPAM AND PROVISION OF CONTENT SERVICES
Article 94. Violations against
regulations on emails and messages providing product/service-related
information
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for providing contact telephone numbers on
advertising boards hung, placed or glued, or drawing advertising products on
utility poles, traffic signal poles, walls, trees or in public places.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Sending promotional emails/messages to
recipients without their content;
b) Improperly or insufficiently labeling
promotional emails/messages as prescribed.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to label promotional emails/messages as
prescribed;
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c) Sending promotional emails/messages or online
messages before obtaining a management code or using a management code other
than the one granted by the Ministry of Information and Communications.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to provide free of charge mechanism for
receiving and handling notifications of spam emails;
b) Failing to adopt measures to prevent loss and
wrong blocking of emails of service users;
c) Failing to cooperate with domestic and foreign
Internet service providers/domestic and foreign messaging service providers in
mitigating and preventing spam emails;
d) Failing to immediately reply to or failing to
comply with statutory requirements for replying to refusals to receive
emails/messages;
dd) Failing to adopt measures for limiting the
messaging quantity, speed and frequency;
e) Failing to limit the messaging frequency from
each source or failing to prevent messages prone to cause information
insecurity as prescribed;
g) Failing to send copies of contents of
promotional emails or messages which have been sent to clients to the technical
system of Ministry of Information and Communications;
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i) Failing to stop sending promotional
emails/messages to recipients immediately after receiving their requests for
refusal to receive such promotional emails/messages;
k) Failing to cooperate with domestic and foreign
mobile telecommunications service providers in preventing spam messages;
l) Failing to implement measures for preventing
spam messages at the request of a competent authority;
m) Failing to prevent spam messages with forged
sender addresses before sending them to end service users;
n) Failing to stop providing message-based content
services at the request of clients;
o) Failing to fully implement requests for
coordination, prevention and handling of spam messages.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to comply with requests for
coordination, prevention and handling of spam messages;
b) Failing to comply with requests for handling of
notifications/reports on spam messages given by the Ministry of Information and
Communications;
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d) Failing to provide information on and block
sources of spam emails or malware at the request of a state authority;
dd) A messaging service provider’s failure to
implement measures for evaluating the state of spam messages over mobile
telecommunications networks according to guidelines given by the Ministry of
Information and Communications.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to provide adequate methods for refusal
to receive promotional emails or messages;
b) Sending or spreading spam emails, spam messages
and/or malware;
c) Creating a series of missed calls to entice
users to make calls or send messages to numbers providing content services for
personal gains or providing promotional information;
d) Operating or using service numbers or subscriber
numbers for wrong purposes;
dd) Opening the function to dial, send/receive
messages of toll-free service numbers/premium-rate service numbers.
7. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to establish a system for receiving
and handling refusal requests of recipients when sending promotional emails or
messages or providing Internet-based messaging services.
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9. Additional penalties:
a) The provision of services shall be suspended for
a fixed period of 01 – 03 months in case of commission of any of the violations
in Points c, d, e and h Clause 4, Clause 6 and Clause 7 of this Article;
b) The rights to use management codes/names shall
be revoked for a fixed period of 01 – 03 months in case of commission of any of
the violations in Points a and b Clause 3, Points d, g, h, I and o Clause 4,
Points a and b Clause 6 of this Article.
10. Remedial measures:
a) Enforced return or transfer of benefits
illegally obtained from the commission of the violation in Point d or dd Clause
6 of this Article;
b) Enforced revocation of prefixes/telecommunications
numbers in case of commission of the violation in Point h Clause 4, Point b or
c Clause 5, or Clause 6 of this Article.
Article 95. Violations against
regulations on provision of promotional email/message services and message-based
content services
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to establish a website using “.vn” domain
name of Vietnam when providing promotional email services, or Internet-based
messaging services, or message-based content services;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing promotional email or message services
or message-content services or Internet-based messaging services before
obtaining a management code as prescribed;
b) Failing to provide readable information in
Vietnamese on prices/charges and suitable equipment or providing information on
the charges which does not match or close the order code or whose size is
smaller than 2/3 of the order code’s size when giving advertisements or
providing information about message-based content services, award-winning
messaging, rating programs or donation or contribution programs by messaging on
printed newspapers, television newspapers, online newspapers, websites,
Internet, messages and/or emails;
c) Failing to provide information on charge rates
before charging calls to premium-rate service numbers or enquiry service
numbers;
d) Failing to instruct subscribers to notify spam
messages and reply to received notifications of spam messages;
dd) Insufficiently retaining data on provided
message-based content services as prescribed.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to use a server located in Vietnam when
providing service/product-related information via emails;
b) Failing to use servers located in Vietnam when
providing Internet-based messaging services;
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d) Providing promotional email/message services but
failing to establish a system for receiving and handling requests for refusal
to receive promotional emails/messages;
dd) Failing to provide free of charge the function
to receive notifications of spam messages or emails from users;
e) Failing to operate a spam prevention system
capable of preventing spam messages by sender source or key words shown in
messages;
g) Failing to provide message sending and receiving
services or message sending and receiving services with identification names to
service providers that have been issued with management codes;
h) Failing to allow enterprises that are issued
with management codes to make connections with technical systems for providing
services;
i) Failing to retain data on provided message-based
content services as prescribed;
k) Failing to provide information on charge rates
when users make calls to premium-rate service numbers or enquiry service numbers.
4. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for charging error messages, unreplied messages or
messages with replied contents which do not match order codes announced by the
enterprise or messages of cheated users.
5. Additional penalties:
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b) The rights to use management codes shall be
revoked for a fixed period of 01 – 03 months in case of commission of any of
the violations in Point a Clause 1, Point dd Clause 2, Clause 3 and Clause 4 of
this Article.
6. Remedial measures:
a) Enforced return or transfer of benefits
illegally obtained from the commission of the violation in Point c Clause 2,
Point k Clause 3 or Clause 4 of this Article;
b) Enforced revocation of management
codes/identification names in case of commission of any of the violations in
Point a Clause 1, Point dd Clause 2, Points a, b, c and d Clause 3 and Clause 4
of this Article.
Article 96. Violations against
regulations on provision of content services on mobile telecommunications
networks
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out procedures for re-issuance
of the Certificate of registration of provision of content services on mobile
telecommunications networks when the issued Certificate has been lost, damaged
or otherwise destroyed;
b) Failing to provide customer care services;
c) Failing to notify or giving a notification to a competent
authority after the prescribed deadline in case of changes in the organization
or enterprise’s headquarters or legal representative;
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2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out procedures for modification
or amendment of the issued Certificate of registration of provision of content
services on mobile telecommunications networks as prescribed;
b) Failing to formulate and publish the agreement
on provision of content services before providing services to users;
b) Failing to give notification or giving a
notification of the use of management code/code for providing content services
on mobile telecommunications networks to the Ministry of Information and
Communications after the prescribed deadline from the date of issue, return,
revocation or change of management code/service-providing code;
d) Failing to submit periodical and ad hoc reports
on provision of content services on mobile telecommunications networks as
prescribed.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Insufficiently retaining provided information or
processing data of requests for registration/termination of services,
information on service charges, complaints and settlement thereof;
b) Failing to retain provided information or
processing data of requests for registration/termination of services,
information on service charges, complaints and settlement thereof for a
prescribed period;
c) Failing to stop or suspend connections with
content service providers that have performed prohibited acts for a prescribed
period as requested by a competent authority;
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4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to retain provided information or
processing data of requests for registration/termination of services,
information on service charges, complaints and settlement thereof;
b) Failing to refuse to make connections with
organizations or enterprises that do not carry out procedures for registration
of provision of content services on mobile telecommunications networks;
c) Failing to stop or suspend connections with
content service providers that have committed violations at the request of a
competent authority;
d) Providing services without obtaining a valid
Certificate of registration of provision of content services on mobile
telecommunications networks;
dd) Failing to give notification or giving a
notification of changes in service provision methods to competent authorities
after the prescribed deadline.
5. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to control service provision
procedures/systems of content service providers as prescribed or failing to
ensure registration, verification, refusal, renewal and termination of
services, charging and notifications given to service users as prescribed;
b) Failing to notify one of the following contents
when carrying out advertisements for content services, including name of
service, service-providing code/number, methods of registration, charging
frequency, service charges, methods of refusal and customer service number;
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d) Failing to provide consistent code/prefix to
service users to serve their retrieval of information on their content
services;
dd) Providing regular services but having sent SMS
notification which lacks one of the following contents, including “Successful
registration", "name of registered service", "management
code/service-providing code, charging frequency, charge rate, method of service
termination, and customer service number", to service users;
e) Sending SMS notification of service renewal
which lacks one of the following contents, including name of service,
management code/service-providing code, charging frequency, charge rate, method
of service termination, and customer service number, to subscribers that have
registered for regular services;
g) Failing to send SMS notification of service
renewal with correct messaging frequency or at prescribed times to subscribers
that have registered for regular services;
h) Failing to provide content services correctly as
registered by users or failing to provide information as announced by the
content service provider;
i) Failing to return service charges collected
against regulations to service users by prescribed deadlines.
6. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing content services containing prohibited
contents on mobile telecommunications networks;
b) Failing to ensure service users’ rights to
refuse, terminate or search for their registered or used content services;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Providing regular content services on mobile
telecommunications networks without the consent via SMS sent from service
users;
dd) Collecting service charges when service users
have refused to use or terminate service or search for registered content
services by messaging, making calls to customer service number, accessing the
website of the content service provider or by other forms;
e) Charging content services from which users do
not receive any information or receive inadequate or incomplete information as
registered;
g) Failing to send SMS notification of automatic
renewal of services to subscribers that have registered for regular services;
h) Failing to send SMS notification of handling
results of subscribers’ requests for termination of content services;
i) Failing to return service charges collected
against regulations to service users.
7. Additional penalties:
a) The Certificate of provision of content services
on mobile telecommunications services shall be suspended for a fixed period of
3 – 5 months in case of commission of any of the violations in Points a and dd
Clause 4, Clause 5 and Clause 6 of this Article;
b) The exhibits and instrumentalities used for
committing the violation in Point d Clause 4 of this Article shall be
confiscated.
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a) Enforced return or transfer of benefits
illegally obtained from the commission of any of the violations in Points d and
dd Clause 4, Points b, c, dd, e, g and h Clause 5 and Clause 6 of this Article;
b) Enforced revocation of management
codes/service-providing codes in case of commission of any of the violations in
Points d and dd Clause 4, Clause 5 and Clause 6 of this Article.
Article 97. Violations against
regulations on collection of service charges
1. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to return service charges at the request
of message-based content service providers or failing to give notification of
return of service charges to users;
b) Failing to provide information about service
charges at items with function to deduct charges of applications, games or
websites;
c) Providing charged software programs or websites
but falling to activate the function allowing users to confirm or refuse to use
services with corresponding service charges.
2. Additional penalties:
The provision of services shall be suspended for a
fixed period of 01 – 03 months in case of commission of any of the violations
in Clause 1 of this Article.
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a) Enforced return or transfer of benefits
illegally obtained from the commission of any of the violations in Clause 1 of
this Article;
b) Enforced revocation of prefixes/
telecommunications numbers in case of commission of any of the violations in
Clause 1 of this Article.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON CYBERINFORMATION
Article 98. Violations against
regulations on license to establish social networking sites
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to carry out procedures for re-issuance
of the license to establish social networking site in case the issued license
is lost or otherwise damaged;
b) Failing to give a notification of changes in the
owner or headquarters address to the licensing authority.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to carry out procedures for
modification or amendments to the license to establish social networking site
in case of change or addition of information to the license.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for establishing a social networking site without a
valid license.
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a) The exhibits and instrumentalities used for
committing the violation in Clause 3 of this Article shall be confiscated.
b) All operations shall be suspended for a fixed
period of 01- 03 months in case of commission of the violation in Clause 2 of
this Article.
5. Remedial measures:
Enforced revocation or return of domain name in case
of commission of the violation in Clause 3 of this Article.
Article 99. Violations against
regulations on websites
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for providing insufficient or inaccurate
information on name of the organization managing the website, name of its
supervisory authority (if any), contact address, email address, phone number
and name of the person in charge of contents of the website's homepage.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing or sharing paths/links to other
websites with contents in violation of laws;
b) Disseminating information on or inciting
violence, pornography, debauchery, crimes, social evils, superstitions, or
sabotage of national good traditions and customs.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Providing false information with the aims of
distorting, slandering or damaging the prestige, honor and dignity of other
organizations or individuals;
b) Posting, delivering or using images of Vietnam’s
map which does not indicate the entire and accurate national sovereignty;
c) Advertising, disseminating information on or
trading in prohibited goods/services;
d) Forging websites of other organizations or
individuals;
dd) Posting/delivering journalistic, literature and
arts works and other publications without the consent from holders of
intellectual property rights over such works, or which are not allowed to be
distributed or subject to a distribution prohibition or confiscation decision.
4. Additional penalties:
The exhibits and instrumentalities used for
committing any of the violations in Clause 3 of this Article shall be
confiscated.
5. Remedial measures:
a) Enforced removal of paths/links to false,
misleading or violating information in case of commission of any of the
violations in Clause 2 and Clause 3 of this Article;
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Article 100. Violations
against regulations on responsibility of organizations/enterprises establishing
social networking sites
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to publish entire contents of the agreement
on provision and use of social networking services on the website’s homepage;
b) Failing to adopt measures for protecting the
privacy or personal information of service users;
c) Failing to notify service users of their rights,
responsibility and risks arising from exchange/sharing of information on the
network;
d) Failing to respect users’ rights to decide to
allow the organization or enterprise establishing the social network to provide
their personal information for a third party;
dd) Failing to carry out registration, retention
and management of personal information of persons who establish personal
websites and other providers of information on social network as prescribed;
e) Providing insufficient or inaccurate information
on the name of the organization managing the social network, name of its
supervisory authority (if any), contact address, email address, phone number
and name of the person in charge of contents of the social network, number,
issue date and issuing authority of the license on the homepage of the social
network.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
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b) Failing to provide private or personal
information of service users who get involved in terror acts, crimes or other
violations against law at the request of competent authorities;
c) Failing to operate a server in Vietnam to serve
the inspection, retention and provision of information at the request of a
competent authority or resolution of clients’ complaints about services
provided in accordance with regulations of Ministry of Information and
Communications;
d) Failing to retain information on accounts,
log-in/log-out times, IP addresses of users and logs of handling of published
information as prescribed;
dd) Committing a violation involving personnel,
domain name, technical requirements or content management;
e) Failing to publish the agreement on provision
and use of social networking services on the website’s homepage;
g) Failing to provide information on the name of
the organization managing the social network, name of its supervisory authority
(if any), contact address, email address, phone number and name of the person
in charge of contents of the social network, number, issue date and issuing
authority of the license on the homepage of the social network.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Deliberately storing/delivering fake or false
information with the aims of distorting, slandering or damaging the prestige,
honor and dignity of other organizations or individuals;
b) Deliberately providing information with the aims
of encouraging unsound customs, superstitions or pornography, or which is not
conformable with the national good traditions and customs;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Deliberately storing/delivering fictitious
information with the aims of causing a panic among the population, inciting
violence, crimes, social evils, gambling or serving gambling activities;
dd) Deliberately storing/delivering information
which does not match the national interests;
e) Deliberately posting, delivering, transmitting
or using images of Vietnam’s map which does not indicate the entire and
accurate national sovereignty;
g) Deliberately posting/delivering journalistic,
literature and arts works and other publications without the consent from
holders of intellectual property rights over such works, or which are not
allowed to be distributed or subject to a distribution prohibition or
confiscation decision;
h) Deliberately advertising, disseminating
information on or trading in prohibited goods/services;
i) Failing to block and remove violating
information as prescribed.
4. Additional penalties:
a) The exhibits and instrumentalities used for
committing any of the violations in Clause 3 of this Article shall be
confiscated;
b) The license to establish social networking site
shall be suspended for a fixed period of 8 - 12 months in case of commission of
any of the violations in Points b, c, d and dd Clause 2 and Clause 3 of this
Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Enforced removal of false, misleading or
violating information in case of commission of any of the violations in Clause
3 of this Article;
b) Enforced revocation of domain names in case of
commission of any of the violations in Clause 3 of this Article.
Article 101. Violations
against regulations on responsibility of social networking service users
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Providing/sharing fake or false information with
the aims of distorting, slandering or damaging the prestige, honor and dignity
of other organizations, authorities or individuals;
b) Providing/sharing information with the aims of
encouraging unsound customs, superstitions or pornography, or which is not
conformable with the national good traditions and customs;
c) Providing/sharing information describing in
detail acts of cutting off/killing, accidents, horror and frightful acts;
d) Providing/sharing fictitious information with
the aims of causing a panic among the population, inciting violence, crimes,
social evils, gambling or serving gambling activities;
dd) Providing/sharing journalistic, literature and
arts works and other publications without the consent from holders of
intellectual property rights over such works, or which are not allowed to be
distributed or subject to a distribution prohibition or confiscation decision;
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g) Providing/sharing images of Vietnam’s map which
does not indicate the entire and accurate national sovereignty;
h) Providing/sharing paths/links to prohibited
information on networks.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for disclosing information classified as state
secret, an individual’s privacy or other secrets if not liable to criminal
prosecution.
3. Remedial measures:
Enforced removal of false, misleading or violating
information in case of commission of any of the violations in Clause 1 and
Clause 2 of this Article.
Article 102. Violations
against regulations on retention, leasing, transmission, provision, access,
collection, processing, exchange and utilization of information
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for storing personal information of others collected
in cyberspace for a period exceeding the retention period prescribed by law or
agreed upon by two parties.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to terminate the leasing of digital
information storage space in case information is stored in violation of law
upon detection by the lessor or notification by a competent authority;
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c) Failing to review and correct or remove the
others’ personal information stored in cyberspace in course of information
collection, processing and utilization upon request of owners of such
information;
d) Providing or using personal information which is
not yet corrected at the request for information correction of the owner of
such information;
dd) Providing or using personal information when
the owner of such information has sent request for removal of such information.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the commission of one of the following
violations:
a) Illegally accessing, using, disclosing,
interrupting, altering or destroying information/information systems;
b) Failing to implement necessary measures for
preventing the access to or removing violating information at the request of a
competent authority when transmitting or leasing of space for storing digital
information;
c) Failing to comply with the request of a
competent authority for determination of the list of owners who lease space for
storage of digital information;
d) Failing to keep confidentiality of information
of organizations/individuals leasing space for storing digital information,
unless the information must be provided at the request of a competent
authority;
dd) Failing to implement necessary
managerial/technical measures for protecting personal information from loss,
theft, disclosure, change or removal when collecting, processing and using
personal information of other persons in cyberspace;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Providing, exchanging, transmitting or storing
and using digital information in order to threaten, disturb, distort, slander
or damage the prestige, honor and dignity of other organizations or
individuals;
h) Providing, exchanging, transmitting or storing
and using digital information for advertising or promotion of prohibited
goods/services;
i) Illegally obstructing the transmission of information
online, intervening, accessing, damaging, removing, altering, duplicating and
falsifying information in cyberspace;
k) Failing to monitor or supervise digital
information of other organizations/individuals at the request of a competent
authority;
l) Failing to cooperate in investigation of
violations against the law in course of transmission or storage of digital
information of other organizations/individuals at the request of a competent
authority;
m) Disclosing information classified as state secrets,
personal and family secrets if not liable to criminal prosecution;
n) Impersonating other organizations/individuals
and disseminating fake or false information which infringes upon legitimate
rights and benefits of other organizations/individuals;
o) Appropriating another person’s mails,
telegraphs, telex, faxes or other documents which are transmitted in cyberspace
in any forms;
p) Deliberately obtaining information/contents of
another person’s mails, telegraphs, telex, faxes or other documents which are
transmitted in cyberspace;
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r) Confiscating mails or telegraphs against the
law.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) Failing to keep confidentiality of private
information transmitted on public telecommunications network or disclosing
private information relating to telecommunications service users;
b) Providing, exchanging, transmitting, storing or using
information/services related to gambling or serving gambling activities, or
pornography, debauchery, superstitions, or which are contrary to national good
traditions and customs.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
a) Illegally trading or exchanging private
information of telecommunications service users;
b) Hiding name or electronic address or forging
another person’s name or electronic address when sending emails/messages.
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for providing, exchanging, transmitting or storing
and using digital information disseminating wrong facts about the sovereignty
of Vietnam.
7. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the commission of one of the following
violations:
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b) Providing information/images infringing upon the
national sovereignty; distorting history, denying the revolutionary
achievements; offending the nation, famous persons or national heroes if not
liable to criminal prosecutions.
8. Additional penalties:
a) The license to establish social networking site
shall be suspended for a fixed period of 22 - 24 months in case of commission
of any of the violations in Clauses 5, 6 and 7 of this Article;
b) The exhibits and instrumentalities used for
committing any of the violations in Points b, g, h and q Clause 3, Point a
Clause 4 and Clause 7 of this Article shall be confiscated.
9. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of the violation in Point b Clause 4 or Point a Clause 5 of
this Article;
b) Enforced revocation of prefixes/
telecommunications numbers in case of commission of the violation in Point b
Clause 4 of this Article;
c) Enforced revocation of domain names in case of
commission of the violation in Point b Clause 3 of this Article;
Article 103. Violations
against regulations on license, registration certificate, decision on approval
of online game scripts
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a) License to provide G1 online games;
b) Decision on approval of G1 game script;
c) Certificate of registration of provision of
online gaming services.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for altering/erasing contents of or providing false
information when applying for one of the following documents:
a) License to provide G1 online games;
b) Decision on approval of G1 game script;
c) Certificate of registration of provision of
online gaming services;
d) Certificate of notification of provision of
online gaming services.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to carry out procedures for
modification of one of the following documents:
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b) Decision on approval of G1 game script;
c) Certificate of registration of provision of
online gaming services.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the commission of one of the following
violations:
a) The G1 gaming service provider fails to give a
written notification or gives a written notification of relocation of its
headquarters, transaction office or place where its server or leased server is
located to the Ministry of Information and Communications/ Provincial
Department of Information and Communications after the prescribed deadline;
b) The G1 gaming service provider fails to give a
written notification or gives a written notification of changes in its
organizational structure or capital contribution resulting in changes in
capital contributors (or shareholders) holding at least 30% of charter capital
to the Ministry of Information and Communications/ Provincial Department of
Information and Communications after the prescribed deadline;
c) The G2, G3 or G4 gaming service provider fails
to give a written notification or gives a written notification of changes in
domain name, game distribution channels, type of games or headquarters address
to the Ministry of Information and Communications/ Provincial Department of
Information and Communications after the prescribed deadline.
5. A fine ranging fr