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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
28/2009/ND-CP
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Hanoi, March 20,
2009
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DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE
MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND ONLINE INFORMATION
THE GOVERNMENT
Pursuant to December 25, 2001
Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending
and Supplementing a Number of Articles of the Press Law;
Pursuant to the December 14, 2004 Publication Law and the June 3, 2008 Law
Amending and Supplementing a Number of Articles of the Publication Law;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations
and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles
of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Information and Communication,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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2. Administrative violations in
the management, provision and use of Internet services and online information
(below referred to as administrative violations in the Internet domain) are
acts of violating the law on the state management of the management, provision
and use of Internet services and online information which are committed
intentionally or unintentionally by individuals, agencies or organizations
(below collectively referred to as individuals and organizations) but do not
constitute crimes and. according to law, must be administratively sanctioned.
Administrative violations in the
provision or use of specialized application services on the Internet shall be
handled under the laws on sanctioning of administrative violations in relevant
state management domains.
Article 2.
Subjects of application
1. Vietnamese organizations and
individuals that commit acts of administrative violation in the Internet domain
shall be sanctioned under this Decree.
Foreign organizations and
individuals that commit acts of administrative violation in the Internet domain
within the territory, exclusive economic zone and continental shelf of the
Socialist Republic of Vietnam shall be administratively sanctioned like
Vietnamese organizations and individuals.
2. Minors who commit acts of
administrative violation in the Internet domain shall be handled under Point a.
Clause 1, Article 6, and Article 7 of the 2002 Ordinance on Handling of
Administrative Violations.
Article 3.
Sanctioning principles
Principles for sanctioning
administrative violations in the Internet domain comply with Article 3 of the
Ordinance on Handling of Administrative Violations, and Articles 3 and 4 of the
Government's Decree No. 128/2008/ND-CP of December 16. 2008, detailing the
implementation of a number of articles of the 2002 Ordinance on Handling of
Administrative Violations and the 2008 Ordinance Amending and Supplementing a
Number of Articles of the Ordinance on Handling of Administrative Violations.
Article 4.
Statute of limitations for sanctioning
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For violations of regulations on
service prices, charges and fees, the statute of limitations for sanctioning an
administrative violation is 2 years from the date the violation is committed.
2. For an individual who was
prosecuted or against whom a decision on bringing the case for trial according
to criminal procedures was issued, but later a decision on termination of
investigation or the case is issued, if his/her act shows signs of
administrative violation, he/she shall be administratively sanctioned; within 3
days after of issuing the decision on termination of investigation or the case,
the issuer shall send that decision to a person competent to sanction the
administrative violation; in this case, the statute of limitations for
sanctioning the administrative violation is 3 months after the person with
sanctioning competence receives the termination decision and the
violation case dossier.
3. Past the time limits
specified in Clauses 1 and 2 of this Article, violators will not be sanctioned
but shall still be subject to consequence remedies specified in Clause 3,
Article 5 of this Decree.
4. Within the statute of
limitations specified in Clauses 1 and 2 of this Article, if violators commit a
new act of violation in the domain in which they have committed administrative
violations, or deliberately avoid or obstruct the sanctioning, the statute of
limitations for sanctioning administrative violations shall be re-counted from
the time of committing the new act of violation or the time of stopping the act
of avoiding or obstructing the sanctioning.
Article 5.
Forms of sanction for administrative violations in the Internet domain and
consequence remedies
1. For each act of
administrative violation, violators shall be subject to either of the following
principal sanctions:
a/ Caution; b/ Fine.
2. Depending on the nature and
severity of their violations, violators may also be subject to one or both of
the following additional sanctions:
a/ Deprivation for a definite or
indefinite time of the right to use licenses or practice certificates;
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3. In addition to the principal
and additional sanctions specified in Clauses 1 and 2 of this Article,
violators may be subject to one or more of the following consequence remedies:
a/ Forcible restoration of the
original state which has been altered due to administrative violations;
b/ Forcible bringing out of the
Vietnamese territory or forcible re-export of goods, articles and means related
to administrative violations in the Internet domain;
c/ Forcible destruction of
articles or removal of online information which are harmful to human spirit or
health or adversely affect fine customs and traditions;
d/ Forcible recovery or refund
of funds already wrongly collected or recovery of material evidence or means
already dispersed;
e/ Forcible withdrawal of domain
names, Internet addresses or autonomous system numbers.
4. Foreigners who commit acts of
administrative violation may be subject to expulsion. The application of
expulsion as the principal sanction or additional sanction depends on a
case-by-case basis.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION, SANCTIONING FORMS AND LEVELS
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1. A fine of between VND
1,000,000 and 2,000.000 shall be imposed for failing to carry out procedures of
application for re-grant of any of the following licenses when it is lost or
damaged:
a/ License for provision of
Internet services;
b/ License for establishment of
a private Internet network;
c/ License for establishment of
a general website;
d/ License for publication of an
online newspaper.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for using one of the licenses stated
in Clause 2 of this Article which has expired for up to 30 days.
3. A fine of between VND
5,000,000 and 10,000.000 shall be imposed for modifying or erasing a license to
alter its contents or making untruthful declaration for the grant of a license
stated in Clause 1 of this Article.
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for establishing a general website
without a license or using a license which has expired for more than 30 days.
5. A fine of between VND
30,000,000 and 50,000,000shall be imposed for failing to obtain a license or
using a license which has expired for more than 30 days, for private Internet
networks for which an establishment license is required.
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a/ Establishing an equipment
system to provide public Internet services without a license or using a license
for provision of Internet services which has expired for more than 30 days;
b/ Publishing an online
newspaper without a license or using a publication license which has expired
for more than 30 days.
7. Additional sanctions:
a/ Deprivation of the right to
use licenses for a unspecified period of time, for acts of violation specified
in Clause 3 of this Article;
b/ Confiscation of material
evidence and means used in committing administrative violations specified in
Clauses 4, 5 and 6 of this Article.
8. Consequence remedy:
Forcible revocation of domain
names, for violations specified in Clause 4 and Point b. Clause 6 of this
Article.
Article 7.
Violations of regulations on the establishment of private Internet networks
1. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for any of the following acts:
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b/ Providing Internet services
to non-members of the private Internet network.
2. A fine of between VND
5,000.000 and 10,000,000 shall be imposed for any of the following acts:
a/ Failing to stop the provision
of Internet services to members of the private Internet network when detecting
that these members commit prohibited acts in the management, provision and use
of Internet services and online information or at the written request of
competent state management agencies;
b/ Re-establishing Internet
exchange points for private Internet networks for which establishment licenses
are not required.
3. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Making direct connection to
private Internet networks;
b/ Directly connecting an
Internet exchange point to two private Internet networks.
4. Additional sanction:
Confiscation of material evidence
and means used in committing administrative violations specified at Point b.
Clause 2, and Clause 3 of this Article.
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1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for any of the following acts:
a/ Terminating or suspending the
provision of Internet services without sending an advance notice to service
users, except for force majeure cases;
b/ Refusing to provide Internet
services without any plausible reasons;
c/ Discriminating Internet
service providers when providing telecommunications transmission lines or
separating local loops.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Failing to provide
telecommunications transmission lines or separate local loops for Internet
service providers as requested without any plausible reasons;
b/ Failing to issue a model
contract for unified application within the enterprise;
c/ Failing to stop the provision
of Internet services at the written request of competent state management
agencies;
d/ Failing to set up a website
with the country-code domain name ".vn" for transactions with
customers when providing Internet telephone services.
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a/ Failing to set up a
transmission line to the national Internet exchange, for Internet service
providers that are also enterprises providing network infrastructure services;
b/ Acting as Internet telephone
service agencies for foreign enterprises;
c/ Failing to notify the
Ministry of Information and Communication of the time of official commencement
of, and plan on, provision of services as prescribed.
4. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for any of the following acts:
a/ Establishing an equipment
system to provide public Internet services in contravention of licenses;
b/ Conducting international
exchange of Internet traffic without the Ministry of Information and Communication's
permission;
c/ Blocking domestic information
from entering or leaving their networks through the Vietnam National Internet
Exchange (VNIX), except for banned services;
d/ Providing Internet telephone
services in contravention of regulations;
e/ Providing Internet telephone
services without a charge calculation, database management or service
management system based in Vietnam;
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5. Additional sanction:
Confiscation of material
evidence and means used in committing administrative violations specified at
Point b, Clause 3 and Point a. Clause 4 of this Article.
6. Consequence remedy:
Forcible restoration of the
original state which has been altered due to administrative violations, for
violations specified at Point a, Clause 1 and Point c, Clause 4 of this
Article.
Article 9.
Violations of regulations on the use of Internet services
1. A fine of between VND 2.000,000
and 5,000,000 shall be imposed for any of the following acts:
a/ Using or guiding others to
use Internet services banned by law;
b/ Providing Internet services
for commercial purposes by service users.
2. Prohibited acts specified in
the Government's decree on the management, provision and use of Internet
services and online information shall be handled under the Government's decree
on the sanctioning of administrative violations in the domain of information
technology.
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Confiscation of material
evidence and means used in committing administrative violations specified in
Clause 1 of this Article.
Article 10.
Violations of regulations on Internet agents
1. A caution or a fine of
between VND 200,000 and 500,000 shall be imposed for failing to post up or
fully post up regulations on the use of Internet services at places of service
provision as prescribed.
2. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for any of the following acts:
a/ Failing to satisfy regulations
and criteria on fire prevention and fighting and environmental sanitation in
order to protect the safety and health of service users;
b/ Operating an Internet
equipment system not up to requirements on assurance of information safety and
security as prescribed;
c/ Setting up an Internet
equipment system outside places already registered in contracts to act as
Internet agents;
d/ Allowing customers to use
services beyond prescribed hours.
3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for any of the following acts:
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b/ Failing to sign agency
contracts with organizations and individuals providing free Internet services
to users.
Article 11.
Violations of regulations on the use of Internet domain names
1. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for using top-level domain names other
than the domain name ".vn" without making notification, or notifying
untruthful information or failing to notify changed information to the Ministry
of Information and Communication as prescribed; making inaccurate declarations
or failing to update changes in their names and contact addresses, for
organizations, or names, contact addresses, identity card or passport serial
numbers, for individuals registering and using domain names -.vn".
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Official websites of Party
and state agencies, except those of overseas Vietnamese representative missions
fail to use Vietnam's country-code domain name ".vn" or are not
cached in servers with IP addresses in Vietnam;
b/ Granting third-level domain
names below their second-level domain name ".vn" to entities other
than members of their agencies, organizations or enterprises, for entities
other than domain name ".vn" registries; individuals granting
third-level domain names below their second-level domain names to other
organizations and individuals.
3. Consequence remedy:
Forcible revocation of domain
names, for violations specified at Point b. Clause 2 of this Article.
Article 12.
Violations of regulations on registration and grant of Internet domain names
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a/ Vietnam-based international
domain name registries' failure to guide organizations and individuals that
register and use international domain names in notifying online information to
the Ministry of Information and Communication under regulations;
b/ Unlawfully obstructing
organizations and individuals to shift to another domain name ".vn"
registry;
c/ Vietnam-based international
domain name registries' failure to report online on the updating of the list of
international domain names under their management to the Ministry of
Information and Communication under regulations on management and use of
Internet resources.
2. A fine of between VND
10,000,000 and 20,000.000 shall be imposed on domain name ".vn"
registries that commit any of the following acts:
a/ Failing to maintain or
adopting measures to assure safety and security for domain names of
organizations and individuals which are registered in their systems of domain
name servers (DNS):
b/ Booking or speculating domain
names in any forms when granting country-code domain names '.vn";
c/ Obstructing organizations and
individuals to register and use lawfully domain names;
d/ Failing to supply or
supplying inaccurate information about organizations and individuals
registering domain names ".vn".
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for any of the following acts:
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b/ Failing to coordinate or
inadequately coordinating with state management agencies in handling cases
related to domain names.
4. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for granting international domain
names without satisfying one of the conditions to become international domain
name registries in Vietnam as prescribed by the Ministry of Information and Communication.
Article 13.
Violations of regulations on registration and use of IP address and autonomous
system numbers
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for any of the following acts:
a/ Violating regulations on
registration and use of IP addresses and autonomous system numbers issued by
the Ministry of Information and Communication;
b/ Directly applying for the
grant of IP addresses or autonomous system numbers of international
organizations for use in Vietnam without obtaining written permission of the
Ministry of Information and Communication;
c/ Failing to route addresses
allocated by Vietnam under the guidance of the Vietnam National Internet
Center.
2. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for routing international IP
addresses brought by agencies, organizations and individuals from overseas to
Vietnam for use without permission of competent state management agencies.
3. Consequence remedy:
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Article 14.
Violations of regulations on information safety and security
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Failing to stop the provision
of services when terminal access devices cause unsafety to Internet equipment
systems;
b/ Populatizing stolen
passwords, keywords or private information of organizations or individuals.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for any of the following acts:
a/ Failing to cooperate or
comprehensively coordinate with state management agencies in assuring
information safety and security as well as in investigating into and preventing
law-breaking acts in Internet-related activities;
b/ Failing to develop or
inadequately developing equipment and devices as well as technical and
professional plans to assure network safety and information security under the
guidance of competent state agencies.
3. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for failing to perform urgent or
public-utility tasks under the order of competent state agencies.
4. Additional sanctions:
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b/ Expulsion of foreigners
committing violations specified at Point b. Clause 1 of this Article.
Article 15.
Violations of regulations on service charge rates, charge and fee rates
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for any of the following acts:
a/ Failing to notify service
charge rates as prescribed:
b/ Failing to register service
charge rates as prescribed;
c/ Failing to make separate
accounting of Internet services, for Internet service providers;
d/ Failing to determine costs of
Internet services as prescribed, for Internet service providers;
e/ Collecting Internet service
charges at rates other than publicized ones.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for failing to issue Internet
service prices.
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4. Consequence remedy:
Forcible recovery of money
amounts already collected in contravention of regulations, for violations
specified at Point e. Clause I of this Article.
Article 16.
Violations of regulations on service standards and quality
1. A fine of between VND 500.000
and 1.000,000 shall be imposed for any of the following acts:
a/ Failing to announce service
quality according to voluntary application standards on providers' websites
when providing Internet services outside the list of telecommunications
services subject to quality control;
b/ Failing to announce service
quality within the prescribed time limit;
c/ Posting on providers'
websites or at their transaction places information inconsistent with the
service quality announcements and the list of service quality criteria in the
service quality announcement dossiers sent to state management agencies;
d/ Failing to keep or keeping
insufficient documents on supervision results and data within 2 years after the
date of obtaining supervision results;
e/ Failing to keep or keeping
insufficient documents on examination, measurement and inspection and
assessment results and data for making examination results, measurement and
inspection data and assessment data within 2 years after the date of obtaining
examination, measurement and inspection and assessment results.
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a/ Failing to post on providers'
websites or at their transaction places the service quality notification
document and list of service quality-criteria, for Internet services on the
list of telecommunications services subject to quality control;
b/ Failing to conduct
self-examination or self-supervision of service quality as prescribed:
c/ Conducting self-examination
or self-supervision of service quality in contravention of regulations or
conducting supervision of service quality in contravention of written requests
of competent state management agencies.
3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Failing to issue regulations on
self-examination and self-supervision of service quality as prescribed;
b/ Failing to supervise service
quality at the written request of competent state management agencies.
4. A fine of between VND
5,000,000 and 10.000,000 shall be imposed for any the following acts:
a/ Providing Internet services
on the list of telecommunications services subject to quality control without a
competent state management agency's document on the receipt of service quality
notification document;
b/ Failing to re-announce Internet
service quality upon changes in the announced contents;
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5. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for providing Internet services of
quality lower than the announced quality.
6. Consequence remedy:
Forcible restoration of the
original state which has been altered due to administrative violations, for
violations specified in Clause 5 of this Article.
Article 17.
Violations of regulations on online games
1. A fine of between 10,000,000
and 20,000,000 shall be imposed for any of the following acts:
a/ Advertising or introducing
online games not yet permitted for circulation in Vietnam;
b/ Failing for issue regulations
on management of online games as prescribed by law when providing online games
services in Vietnam;
c/ Failing to supply adequate
information on game rules and regulations on management of online games on the
game homepages set up by enterprises;
d/ Failing to satisfy one of
conditions on the provision of online game services as prescribed by law.
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a/ Failing to notify in writing
a competent state management agency of or announce on the game homepages the
termination of the provision of services at least three months in advance;
b/ Providing online games with
contents different from those prescribed in competent state agencies' decisions
approving game contents and scenarios.
3. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for any of the following acts:
a/ Providing online game
services or acting as online game service agents in Vietnam without permission
of competent state management agencies;
b/ Letting users post onto the
games and game forums prohibited contents specified in the decree on
management, provision and use of Internet services and online information.
4. Additional sanctions:
a/ Confiscation of material
evidence and means used in committing administrative violations specified at
Point a, Clause 3 of this Article;
b/ Expulsion of foreigners
committing violations specified at Point a. Clause 3 of this Article.
5. Consequence remedy:
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Article 18.
Violations of regulations on websites
1. A fine of between 5,000,000
and 10,000,000 shall be imposed for any of the following acts:
a/ Failing to comply or
improperly complying with the provisions of licenses for establishment of
general websites;
b/ Providing links to websites
with prohibited contents;
c/ Violating one of regulations on
management of websites on the Internet, for websites for which licenses are not
required.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Posting publications on
websites without permission of publishing houses;
c/ Supplying on general websites
information other than those prescribed in licenses.
3. Other administrative
violations in websites shall be handled under the Government's decree on the
sanctioning of administrative violations in the domain of information
technology, press and publication.
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Deprivation of the right to use
licenses for a period of between 90 and 180 days, for violations specified at
Point b. Clause 2 of this Article.
5. Consequence remedy:
Forcible removal of online
information, for violations specified at Point b. Clause 1, and Clause 2 of
this Article.
Article 19.
Violations of regulations on the provision of online social network services
1. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for failing to comply or improperly
complying with regulations on supply, use and exchange of information
promulgated by enterprises.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for failing to issue regulations on
supply, use and exchange of information as prescribed.
3. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for failing to supply information on
service users at the request of competent state agencies.
4. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for providing online social network
services without the Ministry of Information and Communication's written
certification of the receipt of a valid registration dossier.
5. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for failing to prevent and remove
prohibited information as prescribed in the decree on management, provision and
use of Internet services and online information at the request of competent
state management agencies.
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Forcible removal of online
information, for violations specified at Clause 5 of this Article.
Article 20.
Violations of regulations on settlement of disputes and complaints
1. A fine of between VND 500,000
and 1,000,000 shall be imposed for any of the following acts:
a/ Failing to post up
information on procedures for settlement of complaints related to Internet
services at transaction places;
b/ Failing to settle complaints
related to Internet services within the prescribed time limit.
2. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for any of the following acts:
a/ Failing to issue procedures
for settlement of complaints related to Internet services;
b/ Failing to settle customer
complaints under law.
3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for failing to consider and settle or
failing to report on results of complaint settlement at the request of
competent state management agencies.
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1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for delaying the sending of reports
for up to 15 days behind the prescribed time limit or as requested by competent
state agencies.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for making insufficient reports as
prescribed or requested by competent state management agencies.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for any of the following acts:
a/ Failing to make reports or delay
the sending of reports for more than 15 days behind the prescribed time limit
or as requested by competent state agencies;
b/ Making untruthful reports as
prescribed or requested by competent state agencies.
Article 22.
Acts of obstructing or resisting state officials and agencies performing
inspection and examination
1. A caution or a fine of
between VND 200,000 and 500,000 shall be imposed for any of the following acts:
a/ Failing to supply or
inadequately supplying relevant documents, papers and vouchers at the request
of persons with examination and inspection competence;
b/ Failing to declare or making
false declarations about issues subject to examination and inspection.
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3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Dispersing material evidence
of violations which is being examined, inspected or seized;
b/ Removing without permission
seals from material evidence which is sealed or seized.
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for delaying or shirking the
execution of competent persons' administrative decisions on inspection and
handling of administrative violations.
5. Consequence remedy:
Forcible recovery of material
evidence and means which have been dispersed, for violations specified at Point
a, Clause 3 of this Article.
Chapter
III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 23.
Competence of the Information and Communication Inspectorate for sanctioning
administrative violations
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a/ Impose cautions;
b/ Impose fines of up to VND
500,000;
c/ Confiscate material evidence
and means used in committing administrative violations valued at up to VND
2,000,000;
d/ Apply consequence remedies
specified at Points a and c, Clause 3, Article 5 of this Decree;
e/ Exercise the rights defined at
Point a. Clause 19, Article 1 of the 2008 Ordinance Amending and Supplementing
a Number of Articles of the Ordinance on Handling of Administrative Violations
and Clause 2, Article 48 of the 2002 Ordinance on Handling of Administrative
Violations.
2. Chief inspectors of
provincial-level Information and Communication Services may:
a/ Impose cautions;
b/ Impose fines of up to VND
30,000,000;
c/ Deprive of the right to use
licenses or practice certificates;
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e/ Apply consequence remedies
specified at Points a, c, d and e, Clause 3, Article 5 of this Decree;
f/ Exercise the rights specified
at Point 1. Clause 19, Article 1 of the 2008 Ordinance Amending and Supplementing
a Number of Articles of the Ordinance on Handling of Administrative Violations.
3. The Chief Inspector of the
Ministry of Information and Communication may:
a/ Impose cautions;
b/ Impose fines of up to VND
70,000,000;
c/ Deprive of the right to use
licenses under his/her competence;
d/ Confiscate material evidence
and means used in committing administrative violations;
e/ Apply consequence remedies
specified at Points a, c, d and e. Clause 3. Article 5 of this Decree;
f/ Exercise the rights defined
at Point 1, Clause 19, Article 1 of the 2008 Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
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Within the scope of their state
management competence prescribed by the Government, inspectors and chief
inspectors of other inspectorates may sanction administrative violations in the
provision and use of specialized application services on the Internet in their
state management domains.
Article 25.
Sanctioning competence of People's Committees at all levels
Presidents of People's
Committees at all levels may impose sanctions according to the competence
specified at Clauses 4 and 5, Article 1 of the 2008 Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations and Article 30 of the 2002 Ordinance on Handling of
Administrative Violations which was amended under the 2007 Ordinance Amending
and Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations, for Internet-related administrative violations
prescribed in this Decree and committed in their localities.
Article 26.
Sanctioning competence of the People's Police, Border Guard, Coast Guard,
customs offices, tax offices and market control agencies
People's police, border guard,
coast guard, customs offices, tax offices and market control agencies may
impose sanctions according to their competence specified in Clauses 6, 7. 8, 9
and 11, Article 1 of the 2008 Ordinance Amending and Supplementing a Number of
Articles of the Ordinance on Handling of Administrative Violations and Article
37 of the 2002 Ordinance on Handling of Administrative Violations for
administrative violations in the Internet domain directly related to domains
under their management as prescribed in this Decree.
Article 27.
Determination of competence to sanction administrative violations
1. In case an administrative violation
falls within the sanctioning competence of several persons, the person who
accepts the case first has competence to sanction it.
2. The sanctioning competence of
persons specified in Articles 23,24,25 and 26 of this Decree is applied to an
administrative violation. In case of imposing a fine, the sanctioning
competence shall be determined according to the maximum level of the fine
bracket prescribed for each specific violation.
3. In case of sanctioning one
person who commits several administrative violations, the person with
sanctioning competence shall be determined according to the principles
specified at Point 3, Clause 17, Article 1 of the 2008 Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of Administrative
Violations.
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1. Procedures for sanctioning
administrative violations comply with the Ordinance on Handling of
Administrative Violations and the Government's Decree No. 128/2008/ND-CP of
December 16, 2008, detailing the implementation of a number of articles of the
2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance
Amending and Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
2. Coercive measures for
enforcement of decisions on sanctioning of administrative violations shall be
applied under the Government's Decree No. 37/2005/ND-CP of May 18, 2005,
providing procedures for application of coercive measures for enforcement of
decisions on administrative violations and Clause 27, Article 1 of the 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations.
3. Written records must be made
for all administrative violations subject to sanction and kept at sanctioning
agencies within the time limit prescribed by law.
Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 29.
Complaints, denunciations and settlement of complaints and denunciations
1. Organizations and individuals
sanctioned for administrative violations in the Internet domain or their lawful
representatives may lodge complaints about the sanctioning decisions of
competent persons. Pending the settlement of complaints by competent agencies,
sanctioned individuals shall still comply with sanctioning decisions.
2. Citizens may denounce to
competent agencies, organizations and individuals administrative violations in
the Internet domain according to the law on complaints and denunciations.
3. Citizens may denounce to
competent agencies, organizations and individuals illegal acts committed by
persons competent to impose sanctions against administrative violations in the
Internet domain.
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Article 30.
Filing of administrative lawsuits
Lawsuits may be filed against
decisions on the sanctioning of administrative violations, decisions on the
application of preventive measures and assurance of the handling of
administrative violations in accordance with the law on procedures for
settlement of administrative cases.
Article 31.
Handling of violations
1. Persons competent to sanction
administrative violations who commit acts of harassment, cover up, refuse to
sanction violations, fail to promptly or properly sanction or impose sanctions
against violations ultra vires shall, depending on the nature and severity of
their violations, be disciplined or examined for penal liability; if causing
damage, they shall make compensation in accordance with law.
2. Persons sanctioned for
administrative violations in the Internet domain, if obstructing or opposing
officers on duty, shall, depending on the nature and severity of their
violations, be administratively sanctioned or examined for penal liability; if
causing damage, they shall make compensation in accordance with law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 32.
Implementation effect
This Decree takes effect on May
15, 2009.
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The Minister of Information and
Communication, ministers, heads of ministerial-levels, heads of
government-attached agencies, and presidents of provincial-level People's
Committees shall implement this Decree.-
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
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