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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 79/CP
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Hanoi, June 19,
1997
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DECREE
ON SANCTIONS AGAINST ADMINISTRA-TIVE VIOLATIONS IN THE
DOMAIN OF STATE MANAGEMENT OVER POST, TELECOMMUNICATIONS AND RADIO FREQUENCIES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Director General of the General Department of Post and
Telecommunications,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation:
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2. Administrative violations
regarding post, telecommunications and radio frequencies stipulated in this
Decree include:
a/ Violations in the
establishment and ensuring of the safety and smooth operation of postal
networks; the provision and use of postal services; the issue, circulation,
use, export and import of postage stamps;
b/ Violations in the
establishment and ensuring of the safety and smooth operation of
telecommunications networks; the provision and use of telecommunications
services;
c/ Violations in the management
and use of radio spectrum and radio wave transmitters;
d/ Violations regarding rates,
charges and fees of post, telecommunications and radio frequencies;
e/ Violations regarding
technological standards and network equipment; installation, inspection and
regulation of equipment; and construction of specialized post and
telecommunications projects.
Article 2.-
Objects of application:
1. All organizations and/or
individuals committing acts of administrative violation regarding post,
telecommunications and radio frequencies shall be sanctioned in accordance with
the provisions of this Decree and the relevant provisions of law on sanctions
against administrative violations.
Foreign organizations and/or
individuals committing acts of administrative violation regarding post,
telecommunications and radio frequencies on the territory, exclusive economic
zones or the continental shelf of Vietnam shall be sanctioned like Vietnamese
organizations and/or individuals, except otherwise provided for by the
international treaties which Vietnam has signed or acceded to.
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Article 3.-
Sanctioning principles:
1. Sanctions against
administrative violations regarding post, telecommunications and radio
frequencies shall be imposed by competent persons defined in Articles 23, 24
and 25 of this Decree and in accordance with the provisions of law.
2. Administrative violations
regarding post, telecommunications and radio frequencies must be discovered
promptly and stopped immediately. The sanctions must be ordered quickly and
fairly. All consequences of the administrative violations must be quickly
overcome as prescribed by law.
Organizations and/or individuals
committing administrative violations regarding post, telecommunications and
radio frequencies, that cause material losses shall have to pay compensation as
prescribed by law. For a loss of up to 1,000,000 VND which cannot be settled by
the two parties themselves, the person competent to sanction shall decide the
level of compensation; losses of over 1,000,000 VND shall be settled according
to the civil law procedures.
3. An administrative violation
regarding post, telecommunications and radio frequencies shall be sanctioned
only once. A person committing many administrative violations regarding post,
telecommunications and radio frequencies shall be sanctioned for each violation.
Many persons committing an administrative violation regarding post,
telecommunications and radio frequencies shall be all sanctioned.
4. Sanctions against
administrative violations regarding post, telecommunications and radio
frequencies must be based on the nature and seriousness of the violations and
personal record of the offender(s); and on extenuating and aggravating factors
stipulated in Articles 7 and 8 of the Ordinance on the Handling of
Administrative Violations in order to decide the suitable forms, measures and
levels of sanction.
5. Administrative sanctions
shall not be imposed in cases of emergency, legitimate self-defense,
unforeseeable events or when a violation is committed by a person suffering
from mental trouble or other diseases that make him/her unable to be aware of
or control his/her acts.
6. The transfer of violations
with criminal factors to administrative sanctions is strictly forbidden.
Article 4.-
Statute of limitations for sanction:
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2. For an administrative violation
regarding rates, charges and fees of post, telecommunications and radio
frequencies; the construction of specialized post and telecommunications
projects; the installation, inspection and regulation of post and
telecommunications equipment; export and import of postage stamps; or
production of fake postage stamps, the statute of limitations for sanction
shall be two years from the date the violation is committed.
3. With regard to an individual
who is litigated, prosecuted or subject to a court decision to bring his/her
case to trial according to the criminal procedures, if there is a decision to
suspend the investigation or trial, he/she shall be sanctioned
administratively, provided that his/her act shows signs of an administrative
violation; the statute of limitations for sanction against the administrative
violation in this case shall be 3 months from the date when the decision on
suspension is issued.
4. Past the time-limits mentioned
in Items 1 and 2 of this Article, administrative sanction shall not be imposed
but measures prescribed in Points a, b and d, Item 3, Article 5 of this Decree
may apply.
5. Within the time-limits
prescribed in Items 1, 2 and 3 of this Article if the sanctioned organization
and/or individual commits a new administrative violation or deliberately evades
or obstructs the sanction, the statute of limitations for sanction shall be
counted from the time the new violation is committed or when the act of evading
or obstructing the sanction stops.
Article 5.- Forms
of sanction:
1. For each administrative
violation, the violating organization and/or individual shall be subject to one
of the following forms of main sanction:
a/ Warning;
b/ Fine.
2. Depending on the nature and
seriousness of the violation, the individual and/or organization committing an
administrative violation shall be subject to one or more forms of additional
sanction:
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b/ Confiscation of material
evidences and means used for the administrative violation.
3. In addition to the above-said
main sanction and additional sanction, the violating individual and/or
organization may also be subject to one or more than one of the following
measures:
a/ Forcible restoration of the
original state that has been altered due to the administrative violation or
forcible dismantlement of the illegally built structures;
b/ Forcible implementation of
measures to overcome pollution of the living environment and the spread of
epidemics caused by the administrative violation;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by the administrative violation;
d/ Forcible destruction of
objects harmful to the peoples health and noxious cultural products.
4. The main sanction and
additional sanction and measures applicable to each act of administrative
violation regarding post, telecommunications and radio frequencies are detailed
in Chapter II of this Decree.
Additional sanctions and
measures shall be applied only together with main sanction, except when it is
necessary to apply measures stipulated in Points a, b and d, Item 3 of this
Article and when the statute of limitations for sanction has expired.
5. When a fine is applied, the
concrete amount of fine for administrative violation regarding post,
telecommunications and radio frequencies shall be the average in the fine
bracket corresponding to such act as defined in this Decree; if the violation
involves extenuating factors, the amount of fine may be reduced but must not be
lower than the minimum in the fine bracket; if the violation involves
aggravating factors, the amount of fine may be increased but must not exceed
the maximum in the fine bracket.
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VIOLATIONS REGARDING
POST, TELECOMMUNICATIONS AND RADIO FREQUENCY; FORMS AND LEVELS OF SANCTION
Section I: VIOLATIONS IN THE
ESTABLISHMENT OF POSTAL NETWORKS AND THE ASSURANCE OF ITS SAFETY AND SMOOTH
OPERATION; PROVISION AND USE OF POSTAL SERVICES; EXPORT AND IMPORT OF POSTAGE
STAMPS; FORMS AND LEVELS OF SANCTION
Article 6.-
Sanctions against violations in the establishment of postal networks:
1. Warning or a fine of 50,000
VND to 200,000 VND for failing to fill the procedures for renewing the permit
for the establishment of postal networks when the permit is lost or damaged.
2. A fine of 500,000 VND to
2,000,000 VND for using specialized postal transport means to carry goods or
people in contravention of the regulations of the competent State agency or
using other specialized postal equipment not in line with the prescribed
purpose.
3. A fine of 5,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Setting up postal networks
not prescribed in the permit;
b/ Closing, opening
inter-provincial and international mailing lines, including the closing or
opening of external post offices and customs control post stations without
decision by the competent State agency;
c/ Amending, tampering with the
permit for the establishment of postal network(s);
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4. A fine of 20,000,000 VND to
30,000,000 VND for setting up postal networks without permit from the competent
State agency.
5. Additional sanctions against
violations defined in this Article:
Confiscation of material evidences
and means used to commit administrative violations described in Item 4.
Article 7.-
Sanctions against violations in ensuring the safety and smooth operation of
post networks:
1. Warning or a fine of 50,000
VND to 200,000 VND for one of the following acts:
a/ Moving, changing the position
of installed post boxes or damaging, making them useless;
b/ Failing to post or improperly
posting notices on the opening time at the post offices and service locations;
c/ Failing to open or opening
not according to the prescribed time the post offices and service places.
2. A fine of 500,000 VND to
2,000,000 VND for one of the following acts:
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b/ Illegally retaining, damaging
others mails (except letters) and parcels.
3. A fine of 2,000,000 VND to
5,000,000 VND for one of the following acts:
a/ Illegally inspecting mails or
parcels during the transportation;
b/ Damaging or losing mails,
parcels or press during transportation;
c/ Using a fake date seal, fake
seals of post-bags, mails and parcels of post offices.
4. A fine of 5,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Delaying, refusing or
committing other acts to evade the implementation of decision issued by the
competent State agency on the mobilization of means and equipment to ensure the
transport of documents and official dispatches to serve communication needs in
urgent situation but not seriously enough to be examined for penal liability;
b/ Obstructing, blocking the
mail business and the transport of mails and parcels.
5. A fine of 20,000,000 VND to
50,000,000 VND for failing to abide by the regulations on the protection of
special post-bags or confidential State documents sent by mail.
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a/ Confiscation of material
evidences and means used to commit administrative violations described in Point
a, Item 1; and Point c, Item 3;
b/ Forcible restoration of the
original state which has been altered due to administrative violations
described in Point a, Item 1; and Point a, Item 3;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by violations described in Point a, Item
1; Point b, Item 2; and Point a, Item 3 if the parties fail to reach an
agreement thereon.
Article 8.-
Sanctions against violations in the provision and use of postal services:
1. Warning or a fine of 50,000
VND to 200,000 VND for failing to make declaration to fill the permit re-issue
procedures if the permit for postal services provision and use is lost or
damaged.
2. A fine of 300,000 VND to
1,000,000 VND for one of the following acts:
a/ Using postal services to
threaten, disturb or hurt the dignity and honor of other persons but not
seriously enough to be examined for penal liability;
b/ Adding, changing objects or
goods in mails or parcels after the completion of receiving procedures;
c/ Declaring the contents of
mails or parcels not in accordance with the inventory;
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e/ Illegally leasing, lending or
sharing with others the subscribed P.O. box;
f/ Sending or accepting in mails
or parcels unhygienic objects or goods that cause environmental pollution.
3. A fine of 1,000,000 VND to
3,000,000 VND for sending or accepting mails or in parcels sent abroad objects
or goods which are banned by foreign countries that have established postal
relations with Vietnam.
4. A fine of 5,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Providing postal services not
prescribed in the permit granted by the competent State agency;
b/ Acting as agents for foreign
organizations to provide postal services for business purpose in contravention
of prescriptions in the permit granted by the competent State agency;
c/ Opening or closing postal
services at home and abroad not in accordance with the regulations of the
competent State agency;
d/ Amending, tampering with
business licenses for the provision of postal services;
e/ Sending or accepting in mails
or parcels sent abroad objects or goods which are on the list of objects and
goods subject to conditional dispatch without meeting the requirements set by
the competent State agency.
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a/ Providing postal services
without permission from the competent State agency;
b/ Acting as agents for foreign
organizations to provide postal services for business purpose without
permission from the competent State agency;
c/ Closing or opening postal
services at home and with foreign countries without decision of the competent
State agency;
d/ Using an expired business
license for the provision of postal services;
e/ Leasing, lending or hiring or
borrowing the business license for the provision of postal services;
f/ Providing services in
delivering letters abroad or from overseas into Vietnam without permission from
the competent State agency;
g/ Sending or accepting in
parcels objects or goods that are banned from circulation by the State of
Vietnam.
6. A fine of 50,000,000 VND to
100,000,000 VND for sending or agreeing to send imflammable, explosives or
objects harmful to the peoples health or likely to spread epidemics.
7. Forms of additional sanction
and measures applicable to acts of violations described in this Article:
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b/ Confiscation of material
evidences of the administrative violation described in Item 3; Item 4; Points
a, b, c, d, e and g, Item 5; and Item 6;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by the violation described in Point f,
Item 2; Point e, Item 4, if the involved parties fail to reach an agreement
thereon;
d/ Forcible application of
measures to overcome the pollution of the living environment and the spread of
epidemics caused by the administrative violations prescribed in Point f, Item
2; Point e, Item 4; and Item 6.
e/ Forcible destruction of
objects that are unhygienic and cause environmental pollution and spread of
epidemics due to violations described in Point f, Item 2; Point e, Item 4; and
Item 6.
Article 9.-
Sanctions against violations of confidentiality of mails and parcels:
1. Warning or a fine of 50,000
VND to 200,000 VND for unintentionally disclosing names and addresses of the
post users.
2. A fine of 500,000 VND to
2,000,000 VND for one of the following acts:
a/ Opening others mails (except
letters) or parcels not in accordance with the provisions of law;
b/ Intentionally disclosing
contents of mails (except letters), parcels or names and addresses of the post
users.
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1. Warning or a fine of 50,000
VND to 200,000 VND for one of the following acts:
a/ Failing to use postage stamps
as prescribed by law;
b/ Failing to sell postage
stamps at the prices affixed thereon.
2. A fine of 200,000 VND to
500,000 VND for circulating postage stamps without notice of publication or
postage stamps subject to withdrawal from circulation by decision of the
competent State agency.
3. A fine of 5,000,000 VND to
10,000,000 VND for exporting or importing postage stamps in contravention of
the provisions in the permit granted by the competent State agency.
4. A fine of 20,000,000 VND to
30,000,000 VND for one of the following acts:
a/ Making or trading fake
postage stamps but not seriously enough to be examined for penal liability;
b/ Exporting or importing
postage stamps without permission from the competent State agency.
5. Additional sanction
applicable to violations described in this Article:
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Section 2:
ADMINISTRATIVE VIOLATIONS IN THE ESTABLISHMENT, ENSURING THE SAFETY AND SMOOTH
OPERATION OF TELECOMMUNICATIONS NETWORKS;
THE PROVISION AND USE OF TELECOMMUNICATIONS SERVICES; FORMS AND LEVELS OF
SANCTION
Article
11.- Sanctions against violations in the establishment of
telecommunications networks:
1. Warning or a fine of 50,000
VND to 200,000 VND for failing to fill the procedures for re-issue of the
permit for establishing telecommunications networks, which has been lost or
damaged.
2. A fine of 2,000,000 VND to
5,000,000 VND for one of the following acts:
a/ Establishing specialized
telecommunications networks not in accordance with the prescription in the
permit granted by the competent State agency;
b/ Expanding the
telecommunications networks not in accordance with the prescription in the
permit granted by the competent State agency.
3. A fine of 10,000,000 VND to
20,000,000 VND for one of the following acts:
a/ Establishing a public
telecommunications network not in accordance with the prescription in the
permit granted by the competent State agency;
b/ Establishing ground stations
or using communications equipment via satellites not provided for in the permit
granted by the competent State agency;
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d/ Establishing specialized
telecommunications networks without permit from the competent State agency;
e/ Directly linking two
specialized telecommunications networks without permission from the competent
State agency;
f/ Closing or opening inter
provincial and international telecommunications lines, including the provision
of computerized information through the public telecommunications networks;
closing or opening coastal communications stations without permission from the
competent State agency;
g/ Correcting or otherwise
tampering with the permit;
h/ Using an expired permit.
4. A fine of 20,000,000 VND to
50,000,000 VND for one of the following acts:
a/ Establishing a public
telecommunications network without permit granted by the competent State
agency;
b/ Establishing ground stations or
using the system of communications equipment via satellite without permission
from the competent State agency;
c/ Connecting computer
terminals, computer networks to the Internet without permission from the
competent State agency;
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5. Additional sanctions and
measures applicable to acts of violations described in this Article:
a/ Revocation of the right to
use permit for 1 to 3 months for violations described in Point a, Item 2; 3 to
6 months for violations described in Points b, c, e and g, Item 3; and
indefinite revocation of the right to use permit for violations described in
Point d, Item 4;
b/ Confiscation of material
evidences of administrative violations described in Points d, g and h, Item 3;
and Item 4;
c/ Forcible restoration of the
original state that has been altered by the administrative violations described
in Points e and f, Item 3.
Article
12.- Sanctions against violations in ensuring the safety and smooth
operation of telecommunications networks:
1. A fine of 500,000 VND to
2,000,000 VND for damaging wires, antennae or equipment of the transmission or
switchboard systems, and other telecommunications equipment of the
intra-district network.
2. A fine of 5,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Surreptitiously receiving or
monitoring telecommunications signals;
b/ Failing to comply with the
hook-up regulations when connecting specialized telecommunications networks to
the public telecommunications network;
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d/ Damaging wires, antennae or
equipment of the transmission and switchboard systems, and other
telecommunications equipment of the intra-provincial networks;
e/ Using telecommunications,
electronic, informatic or other equipment to illegally access the public or
specialized telecommunications network or other subscribed telecommunications
channels.
3. A fine of 20,000,000 VND to
50,000,000 VND for one of the following acts:
a/ Damaging wires, antennae or
equipment of the transmission and switchboard systems and other equipment of
telecommunications networks belonging to the national trunk telecommunications
system (the inter-provincial and international transmission and switchboard
systems);
b/ Delaying, refusing or
committing other acts to evade the execution of a decision issued by the
competent State agency on the employment of the public and specialized
telecommunications networks to meet the urgent information requirements, but
not seriously enough to be examined for penal liability.
4. Additional sanctions and
measures applicable to acts of violation prescribed in this Article:
a/ Confiscation of material
evidences and means used to commit administrative violations described in Item
1; Points a, d and e, Item 2; Point a, Item 3;
b/ Forcible restoration of the
original state that has been altered by the administrative violation; forcible
dismantlement of the illegally built structures for violations described in
Item 1; Point d, Item 2; Point a, Item 3;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by violations described in Item 1; Points
a, d and e, Item2; and Point a, Item 3, if the parties fail to reach an
agreement thereon.
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1. Warning or a fine of 50,000
VND to 200,000 VND for act of failing to make a declaration to fill the
procedures for the re-issue of the permit for the provision of
telecommunications services, which is lost or damaged.
2. A fine of 2,000,000 VND to
5,000,000 VND for one of the following acts:
a/ The telecommunications
subscriber uses the subscribed equipment to provide telecommunication services
for business purpose;
b/ Using coded languages in
telegraphs without registration and without permission from the competent State
agency;
c/ Using telecommunications
services to threaten, disturb or hurt the others honor and dignity but not
seriously enough to be examined for penal liability.
3. A fine of 10,000,000 VND to
20,000,000 VND for one of the following acts:
a/ Using equipment of the specialized
telecommunications network to provide telecommunications services for business
purpose;
b/ Providing telecommunications
services in contravention of the provisions of the permit granted by the
competent State agency;
c/ Acting as agent dealer for
foreign organizations to provide telecommunications services for business
purpose in contravention of the prescriptions in the permit granted by the
competent State agency;
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e/ Ceasing or halting the
provision of telecommunications services without prior notice to service users;
f/ Correcting and otherwise
tampering with the business license for the provision of telecommunications
services;
g/ Using an expired business
license for the provision of telecommunication services.
4. A fine of 20,000,000 VND to
50,000,000 VND for one of the following acts:
a/ Providing telecommunications
services without permission from the competent State agency;
b/ Acting as agent dealer for
foreign organizations to provide telecommunications services for business
purpose without permission from the competent State agency;
c/ Closing or opening
telecommunications services at home and with foreign countries without decision
of the competent State agency;
d/ Leasing and lending or hiring
and borrowing the business license for the provision of telecommunications
services;
e/ Failing to abide by the
regulations on protecting State secrets in the use and provision of
telecommunications services, but not seriously enough to be examined for penal
liability;
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5. A fine of 50,000,000 VND to
100,000,000 VND for providing or using telecommunications services prohibited
in Vietnam.
6. Additional sanctions and
measures applicable to acts of violation prescribed in this Article:
a/ Revocation of the right to
use permit for 1 to 3 months for violations described in Points a and c, Item
3; indefinite revocation of the right to use permit for violations described in
Point d, Item 4;
b/ Confiscation of material
evidences and means used to commit administrative violations described in Point
a, Item 2; Points a, b, c, d, f and g, Item 3; Point a, b, c and d, Item 4; and
Item 5;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by the violations described in Point c,
Item 2; and Point f, Item 4, if the involved parties fail to reach an agreement
thereon.
Section 3.
ADMINISTRATIVE VIOLATIONS IN THE MANAGEMENT AND USE OF BAND SPECTRUM AND RADIO
TRANSMITTERS; FORMS AND LEVELS OF SANCTION
Article
14.- Sanctions against violations in the use of radio transmitters and
radio frequencies:
1. Warning or a fine of 50,000
VND to 200,000 VND on each radio transmitter for one of the following acts:
a/ Failing to make declaration
to fill the procedures for re-issue of the permit which has been lost or
damaged;
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c/ Failing to announce the
temporary cessation of operation or the termination of operation of the radio
transmitter two months in advance though the permit is still valid.
2. A fine of 300,000 VND to
1,000,000 VND on each radio transmitter for one of the following acts:
a/ Using an expired permit;
b/ Locating the broadcasting
station at a place in the province outside the prescribed place;
c/ Wrongly using communications
convention: Call back, communication time, specifications of antennae,
broadcasting mode and communication purpose;
d/ Failing to make declaration
and registration with the competent State agency on the change of the radio
transmitter;
e/ Failing to make declaration
to fill procedures for the changes in the permit when renaming the agencies, organizations
and/or individuals that use the radio transmitter.
3. A fine of 500,000 VND to
2,000,000 VND on each radio transmitter and a radio frequency for one of the
following acts:
a/ Locating the broadcasting
station outside the province in contravention of prescription;
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c/ Exceeding the permitted
transmission capacity;
d/ Communicating with other
stations not provided for in the permit;
e/ Tampering with the permit and
professional certificate;
f/ Using persons who do not have
the prescribed standards or professional certificates granted by the competent
agency to operate the radio transmitter;
g/ Leasing and lending or hiring
and borrowing the permit;
h/ Changing a fixed radio
transmitter into a mobile one without permission from the competent State
agency;
i/ Using radio frequency and
transmitter with capacity of up to 50W without a permit granted by the
competent State agency.
4. A fine of 2,000,000 VND to
5,000,000 VND on each radio transmitter and frequency for one of the following
acts:
a/ Using radio frequency and
transmitter with capacity of over 50W up to 150W without permission from the
competent State agency;
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c/ Illegally reserving or
storing radio transmitter(s);
d/ Failing to immediately
declare with the competent State agency when a radio transmitter is lost.
5. A fine of 5,000,000 VND to 10,000,000
VND on each radio frequency for using for wrong purpose or unauthorized use of
frequencies for watch duty, rescue, salvage, safety notice, international and
national standard signals.
6. A fine of 10,000,000 VND to
20,000,000 VND on each radio transmitter or a radio frequency for using a radio
frequency or transmitter with capacity of over 150W without permission from the
competent State agency.
7. A fine of 20,000,000 VND to
50,000,000 VND for one of the following acts:
a/ Using shortwave communication
equipment on foreign airplanes or vessels when an airplane has landed on
Vietnamese airports or when a foreign vessel has moved into the inland waters
of Vietnam;
b/ Failing to abide by the
communication regulations of Vietnam when Vietnamese or foreign airplanes or
vessels land on, move in and out of, or stay at airports or seaports of
Vietnam.
8. A fine of 50,000,000 VND to
100,000,000 VND for failing to submit to the inspection and supervision by the
competent State agency of the use of radio frequencies when the airplanes or
vessels pass the territory, exclusive economic zone or continental self of
Vietnam.
9. Additional sanctions and
measures applicable to acts of violations defined in this Article:
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b/ Confiscation of material
evidences and means used to commit administrative violations described in Point
a, Item 2; Points e and i, Item 3; Points a and b, Item 4; and Item 6;
c/ Forcible compensation for
damage of up to 1,000,000 VND caused by violations described in Points b and c,
Item 2; Points a, b, c, d, h and i, Item 3; Points a and b, Item 4; Items 5, 6,
7 and 8, if the involved parties fail to reach an agreement thereon.
Article
15.- Sanctions against violations regarding harmful interferences:
1. Warning or a fine of 50,000
VND to 200,000 VND for failing to take measures against harmful interferences
as prescribed by the competent State agency when using civil electronic
equipment; equipment emitting electric sparks, electricity and electric arc
used in the fields of industry, construction, communications and transport,
health care, scientific research and other fields, thus constituting harmful
interferences in:
a/ The public telecommunications
networks;
b/ The specialized
telecommunications networks;
c/ Other radio, television signal
transmitting and broadcasting or radio receiving and/or transmitting
establishments.
2. A fine of 2,000,000 VND to
5,000,000 VND for failing to use radio transmitting equipment as prescribed in
the permit, and thus causing harmful interference to:
a/ The intra-district public
telecommunications networks;
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3. A fine of 10,000,000 VND to
20,000,000 VND for acts of using radio transmitting equipment not prescribed in
the permit, thus causing harmful interference to:
a/ The intra-provincial public
telecommunications networks;
b/ The specialized
telecommunications networks; other intra-provincial radio or television signal
transmitting and broadcasting or radio receiving and/or transmitting bases.
4. A fine of 20,000,000 VND to
50,000,000 VND for act of using radio transmitting equipment not prescribed in
the permit, thus causing harmful interferences to:
a/ The national
telecommunications backbone network (inter-provincial and international
transmission and switchboard systems);
b/ The specialized
telecommunications networks; national and international radio or television
signal transmitting and broadcasting or radio receiving and/or transmitting
establishments;
c/ Frequencies for direct
watch-out, rescue, salvage, safety notice, national and international standard
signals.
5. Forms of additional sanction
and measures applicable to violations defined in this Article:
a/ Revocation of the right to
use permit for 1 to 3 months for violations described in Item 2; 3 to 6 months
for violations prescribed in Item 3; and indefinite revocation of the right to
use permit for violations prescribed in Item 4;
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c/ Forcible compensation for
damage of up to 1,000,000 VND caused by violations prescribed in Items 1, 2, 3
and 4, if the involved parties fail to reach an agreement thereon;
Article
16.- Sanctions against violations in the use of non-professional radio:
Non-professional radio users who
commit acts of violation shall be sanctioned in accordance with the provisions
of Articles 14 and 15 of this Decree.
Section 4.
ADMINISTRATIVE VIOLATIONS REGARDING THE POST AND
TELECOMMUNICATIONS PRICES, FREIGHT AND CHARGES AND RADIO FREQUENCIES; FORMS AND
LEVELS OF SANCTION
Article
17.- Sanctions against violations regarding post and telecommunications
prices, freight and charges:
1. Warning or a fine of 50,000
VND to 200,000 VND for act of not publicly posting or posting post and
telecommunications charge, freight and service charge brackets not in
accordance with the current regulations at post offices, service locations and
agents providing post and telecommunications services at district or lower
levels.
2. A fine of 500,000 VND to
2,000,000 VND for act of not publicly posting or posting post and
telecommunications charge, freight and service charge brackets not in
accordance with the current regulations at provincial or municipal post
offices, border gates post offices; guest houses, restaurants and hotels where
post and telecommunications services are provided.
3. A fine of 1,000,000 VND to
3,000,000 VND for act of collecting money from customers at a level not
described in the current post and telecommunications price, freight and service
charge brackets.
4. Additional sanction
applicable to acts of violation prescribed in this Article:
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Article
18.- Sanctions against violations regarding radio frequency charges:
1. A fine of 1,000,000 VND to
3,000,000 VND for failing to pay charges for the use and protection of radio
frequencies within the time-limit stated in the collection notice from the
competent State agency.
2. Organizations and/or
individuals that delay the payment of charges for the use and protection of
radio frequencies shall not only be subject to the fine prescribed in Item 1 of
this Article but also have to pay the interest on the deferred payment at the
interest rates for overdue debts set by the State Bank, correspondingly to the
duration of the delay from the time the payment is due to the time of payment.
Section 5.
ADMINISTRATIVE VIOLATIONS REGARDING TECHNOLOGICAL CRITERIA OF THE NETWORK
EQUIPMENT; INSTALLATION, INSPECTION AND ADJUSTMENT OF EQUIPMENT; CONSTRUCTION
OF SPECIALIZED POST AND TELECOMMUNICATIONS PROJECTS; FORMS AND LEVELS OF
SANCTION
Article
19.- Sanctions against violations of technological criteria of post and
telecommunications network equipment:
1. A fine of 1,000,000 VND to
3,000,000 VND for putting into use on post and telecommunications networks
equipment not yet expertised as prescribed.
2. A fine of 5,000,000 VND to
10,000,000 VND for acts of experimental installation of equipment into the
public post and telecommunications networks without permission from the
competent State agency.
3. Additional sanctions and
measures applicable to violations described in this Article:
a/ Revocation of the right to
use permit for 3 to 6 months for violations described in Item 1;
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c/ Forcible restoration of the
original state that has been altered due to the administrative violations
described in Items 1 and 2;
d/ Forcible compensation for
damage of up to 1,000,000 VND caused by violations described in Items 1 and 2,
if the involved parties fail to reach an agreement;
Article
20.- Sanctions against violations in the registration of quality of post
and telecommunications equipment and materials:
1. Warning or a fine of 50,000 VND
to 200,000 VND for failing to fill the procedures for re-issue of the
registration certificate of the quality and types of post and
telecommunications equipment and materials which have been lost or damaged.
2. A fine of 500,000 VND to
2,000,000 VND for using an expired registration certificate of the quality and
type of post and telecommunications equipment and materials.
3. A fine of 2,000,000 VND to
5,000,000 VND for one of the following acts:
a/ Failing to register the
quality and type of products with regard to the production and installation of
post and telecommunications equipment and materials that must be registered;
b/ Erasing the registration
certificate of the quality and types of post and telecommunications equipment
and materials;
c/ Putting into circulation
equipment for the production and installation equipment and materials that fail
to meet quality criteria prescribed in the quality registration certificate.
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a/ Indefinite revocation of the
right to use the quality and type registration certificate for violations
stipulated in Points b and c, Item 3;
b/ Confiscation of material
evidences of administrative violations with regard to violations stipulated in
Items 2; Points b, Item 3.
Article
21.- Sanctions against violations regarding the quality of services:
1. A fine of 2,000,000 VND to
5,000,000 VND for one of the following acts:
a/ Providing post and
telecommunications services with quality lower than the registered level or
lower than the required quality criteria;
b/ Failing to constantly ensure
the required quality of services or reducing the services� quality without notifying
the users thereof.
2. Measures applicable to acts
of violation defined in this Article:
a/ Forcible restoration of the
original state that has been altered due to administrative violations described
in Item 1;
b/ Forcible compensation of up
to 1,000,000 VND for damage caused by violations described in Item 1, if the
involved parties fail to reach an agreement thereon.
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1. A fine of 50,000 VND to
200,000 VND for failing to make declaration to fill the procedures for re-issue
of the business license for installation, inspection and adjustment of post and
telecommunications equipment; or the business license for the construction of
the specialized post and telecommunications projects, which has been lost or
damaged.
2. A fine of 5,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Failing to comply with
Vietnamese criteria, specialized technical processes, regulations, norms and criteria
in the construction and installation of post and telecommunications projects;
b/ Putting into operation,
exploitation and use of post and telecommunications projects which have not
been expertised according to Vietnamese criteria and specialized technical
criteria;
c/ Conducting jobs not
prescribed in the business license for the installation, inspection and
adjustment of post and telecommunications equipment; or the business license
for the construction of the specialized post and telecommunications projects.
3. A fine of 10,000,000 VND to
20,000,000 VND for one of the following acts:
a/ Installing, inspecting and
adjusting post and telecommunications equipment or constructing specialized
post and telecommunications projects without suitable business licenses from
the competent State agency;
b/ Leasing and lending or hiring
and borrowing the business license for the installation, inspection and
readjustment of post and telecommunications equipment; or the license for the
construction of specialized post and telecommunications projects.
c/ Erasing, amending the
business license for the installation, inspection and adjustment of post and
telecommunications equipment or the license for the construction of specialized
post and telecommunications projects.
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4. A fine of 20,000,000 VND to
50,000,000 VND for building post and telecommunications projects which run
through the territory, exclusive economic zones and continental shelf of
Vietnam not in accordance with the provisions in the permit of the competent
State agency.
5. A fine of 50,000,000 VND to
100,000,000 VND for building post and telecommunications projects which run
through the territory, exclusive economic zones and continental shelf of
Vietnam without permission from the competent State agency, but not seriously
enough to be examined for penal liability.
6. Additional sanctions and
measures applicable to violations defined in this Article:
a/ Revocation of the right to
use the license for 3 to 6 months for violations described in Point c, Item 2;
indefinite revocation of the right to use the permit and license for violations
described in Points b and c, Item 3; and Item 4;
b/ Confiscation of material
evidences and means used to commit administrative violations described in
Points c, Item 3 and Item 5;
c/ Forcible restoration of the
original state that has been altered by the administrative violations or
forcible dismantlement of the illegally built structures for violations
described in Point a, Item 2; Item 4; and Item 5.
Chapter
III
COMPETENCE, PROCEDURES
FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Section 1.
SANCTIONING COMPETENCE
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The specialized post and
telecommunications inspectors shall be entitled according to their competence,
as prescribed in Article 34 of the Ordinance on the Handling of Administrative
Violations, to impose sanctions on acts of administrative violation regarding
post, telecommunications and radio frequencies as described in this Decree and
the relevant legislation on sanctioning administrative violations.
Article
24.- Sanctioning competence of the Peoples Committees of various levels:
The Presidents of the Peoples
Committees of different levels shall be entitled to impose sanctions according
to their competence prescribed in Articles 26, 27 and 28 of the Ordinance on
the Handling of Administrative Violations, within the geographical areas under
their management, on acts of administrative violation regarding post,
telecommunications and radio frequencies prescribed in this Decree.
Article
25.- Sanctioning competence of the police, customs, tax and market control
agencies and other specialized inspection agencies:
The police, customs, tax, market
control agencies and other specialized inspection agencies shall be entitled to
impose sanctions according to the competence described in Articles 29, 30, 32,
33 and 34 of the Ordinance on the Handling of Administrative Violations, on
acts of administrative violation regarding post, telecommunications and radio
frequencies directly related to the fields of their management as defined in
this Decree.
Article
26.- Determination of competence for sanctioning administrative violations:
1. Administrative violations
regarding post, telecommunications and radio frequencies in the specialized
post and telecommunications networks of the Ministry of Defense or the Ministry
of the Interior shall be sanctioned by the Defense Inspectorate or competent
agencies attached to the Ministry of the Interior.
2. If the sanctioning of an administrative
violation falls under the competence of several agencies, it shall be
implemented by the agency that receives the case first.
Section 2:
SANCTIONING PROCEDURES
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1. Upon detection of an
administrative violation regarding post, telecommunications and radio
frequencies, the person having sanctioning competence must order an immediate
end to the administrative violation.
2. Where a warning is served against
an administrative violation, the person having sanctioning competence shall
have to issue an on-the-spot sanctioning decision according to the simple
procedures described in Article 46 of the Ordinance on the Handling of
Administrative Violations.
3. Where a fine is imposed on an
administrative violation, the person having sanctioning competence shall have
to promptly make a record of the violation in accordance with the provisions of
Article 47 of the Ordinance on the Handling of Administrative Violations. If
the record making person has not enough competence or has no competence to
impose a sanction on the administrative violation, he/she shall have to
promptly send the record and related dossiers to the competent level for the
issue of the sanctioning decision.
Within 15 days after making the
record on the administrative violation, the competent person shall have to
issue a sanctioning decision according to his/her competence described in
Article 48 of the Ordinance on the Handling of Administrative Violations. This
time-limit may be extended but must not exceed 30 days.
4. The sanctioning decision
shall take effect from the date of its signing, unless the effective date of
the decision is stated clearly therein.
The sanctioning decision must be
sent to the sanctioned organization and/or individual and the fine collecting
agency within 3 days after its issue. A decision on the fine of 2,000,000 VND
or more must be sent to the Peoples Procuracy of the same level.
5. An organization and/or
individual subject to a fine shall have to pay it at the place stated in the
sanctioning decision and shall be given a receipt thereof. The Ministry of
Finance shall assume the main responsibility and coordinate with the General
Department of Post and Telecommunications in deciding the collection and use of
fines imposed on acts of administrative violation regarding post,
telecommunications and radio frequencies.
6. The sanctioning person is
strictly forbidden to directly collect fines.
Article
28.- Procedures for the revocation of the right to use permit:
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2. When detecting that a permit
is granted ultra vires or includes contents contrary to the law, the person
competent to sanction administrative violations regarding post,
telecommunications and radio frequencies shall have to immediately withdraw it
and at the same time notify the competent State agency thereof.
Article
29.- Procedures for the confiscation and handling of material evidences and
means used to commit administrative violations:
1. When the form of confiscation
of material evidences and means used to commit administrative violations is
applied, the person having sanctioning competence shall have to make a record
thereof in accordance with the provisions of Article 51 of the Ordinance on the
Handling of Administrative Violations.
2. A decision on the
confiscation of material evidences and means of administrative violations
valued at 5,000,000 VND or more must be sent immediately to the Peoples
Procuracy of the same level.
3. The handling of material
evidences and means used to commit administrative violations shall comply with
the provisions of Article 52 of the Ordinance on the Handling of Administrative
Violations.
Article
30.- Execution of the sanctioning decision:
1. An administratively
sanctioned organization and/or individual shall have to execute the sanctioning
decision within 5 days after receiving it, except otherwise prescribed by law
and stated clearly in the sanctioning decision. Past the above-said time-limit,
if the sanctioned organization and/or individual still fails to execute the
decision, the competent sanctioning person shall have the right to apply
coercive measures for the execution.
2. The coercion and the
application of coercive measures for the execution of decisions on sanctioning
administrative violations shall comply with Article 31 of this Decree and the
related provisions of law.
3. A decision to impose a
sanctioning on an administrative violation shall cease to be effective after
one year from the date of its issue; in case the sanctioned organization and/or
individual intentionally evades or delays the execution, the statute of
limitations shall be counted from the date when the act of evasion or delay
stops.
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1. The coercive execution of
decisions on sanctions against administrative violations shall be applied
through the following measures:
a/ Deducting part of the salary
or income or bank account;
b/ Inventorying assets
equivalent to the value of the fine for auction;
c/ Other coercive measures for
the execution of the sanctioning decision.
2. The person with sanctioning
competence shall have the right to issue a decision on coercion and the task of
organizing the implementation thereof.
3. The Peoples Police shall have
to effect coercive decisions issued by the Peoples Committee of the same level
and coordinate with the agencies competent to impose sanctions on
administrative violations stipulated in this Decree in organizing the execution
of such decisions issued by those agencies when requested.
4. An individual and/or
organization under the coercive measures shall have to bear all costs of the
application thereof.
Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
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1. A person competent to
sanction administrative violations regarding post, telecommunications and radio
frequencies, who commits acts of hasslement, connivance, cover-up, failing to
impose sanction or imposing sanction not in time, improperly or untra vires,
shall, depending on the nature and seriousness of the violation, be disciplined
or examined for penal liability; compensation for damage, if any, must be paid
as prescribed by law.
2. A person subject to sanction
against an administrative violation regarding post, telecommunications and
radio frequencies, who commits acts of obstructing or opposing persons on duty
responsible for inspection and control, or intentionally delay or evades the
execution of the sanctioning decision shall, depending on the nature and
seriousness of the violation, be examined for penal liability or subject to
administrative sanction in accordance with current provisions of law.
Article
33.- Complaints, denunciations and the settlement thereof:
1. Organizations and/or
individuals subject to sanctions for administrative violations regarding post,
telecommunications and radio frequencies or their lawful representatives shall
have the right to protest against sanctioning decision of the competent person.
Pending the settlement of the complaints by the competent agency, the
sanctioned organizations and/or individuals shall still have to execute the
sanctioning decision, except for cases of compulsory dismantlement of
construction structures.
The procedures for lodging
complaints and settling them shall comply with the provisions of Articles 87
and 88 of the Ordinance on the Handling of Administrative Violations and the
Ordinance on the Procedures for the Settlement of Administrative Cases.
2. A citizen shall have the
right to send to the competent State agency denunciations of administrative
violations regarding post, telecommunications and radio frequencies in
accordance with the provisions of law on complaints and denunciations.
3. A citizen shall have the
right to send to the competent State agency denunciations of unlawful acts
committed by the person competent to impose sanctions on administrative
violations regarding post, telecommunications and radio frequency.
The settlement of the citizens
denunciations shall comply with the provisions of Article 90 of the Ordinance
on the Handling of Administrative Violations.
Chapter V
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Article
34.- Effect of implementation:
This Decree takes effect 15 days
from the date of its signing.
To annul the earlier provisions
on sanctioning administrative violations in the domain of post,
telecommunications and radio frequencies.
Article
35.- Responsibilities for organization of implementation:
The Director General of the
General Department of Post and Telecommunications shall provide guidances for
the implementation of this Decree.
The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the Peoples Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
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