THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
174/2013/ND-CP
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Hanoi, November
13, 2013
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAISNT REGULATIONS ON POST AND
TELECOMMUNICATIONS, INFORMATION TECHNOLOGY AND RADIO FREQUENCY
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Actions against
Administrative Violations dated June 20, 2012;
Pursuant to the Postal Service Law dated June
17, 2010;
Pursuant to the Law on Telecommunications dated
November 23, 2009;
Pursuant to the Law on Information Technology
dated June 29, 2006;
Pursuant to the Law on Radio Frequency dated
November 23, 2009;
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At the request of Minister of Information and
Communications;
The Government promulgates this Decree providing
for penalties for administrative violations against regulations on post and
telecommunications, information technology and radio frequency.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures against administrative violations, the power to make
offence notices and the power to impose penalties for administrative violations
against regulations on post and telecommunications, information technology and
radio frequency.
2. Other administrative violations against
regulations on post and telecommunications, information technology and radio
frequency which are not prescribed in this Decree shall be handled in
accordance with regulations of other relevant Government's decrees on penalties
for administrative violations against regulations on state management.
Article 2. Fines and power to
impose fines for violations committed by individuals and by organizations
1. Fines prescribed in Chapter II – VI herein are
imposed for violations committed by organizational entities. The fine imposed
on an organization for an administrative violation is reduced by half when it
is imposed on an individual for the same violation.
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Chapter 2.
ADMINISTRATIVE
VIOLATIONS AGAINST POSTAL SERVICE REGULATIONS, PENALTIES AND REMEDIAL MEASURES
Article 3. Violations against
regulations on postal license
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to give notification or improper
notification of changes to the postal license to the postal regulatory
authority as regulated by law.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Provision of postal services other than those
specified in the postal license;
b) Erasure or correction of contents of the postal
license;
c) Failure to maintain the minimum capital as
regulated by law.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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b) Trading or mortgage of the postal license.
4. Additional penalties:
Suspend the postal license for 01 - 03 months if
the violation prescribed in Point b Clause 2 or in Point b Clause 3 of this
Article is committed.
Article 4. Violations against
regulations on notification of postal operations
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Failure to give notification or giving false
notification of changes to the written certification of postal operation
notification to the postal regulatory authority;
b) Failure to obtain a written certification of
postal operation notification from the postal regulatory authority when setting
up a branch or representative office for a postal services enterprise which is
established under the law of Vietnam.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for erasure or correction of the written
certification of postal operation notification.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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b) Failure to obtain a written certification of
postal operation notification from the postal regulatory authority when acting
as an agent or setting up a representative office for a foreign postal services
enterprise, or operating foreign postal service franchises in Vietnam.
Article 5. Violations against
regulations on postal service contracts
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for failure to use or improper use of date stamps,
or recording of inaccurate information about dates and/or places for receiving
postal items in the postal service contract or the advice of delivery or
acceptance form.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Failure to record accurate and sufficient
information in the postal service contract and/or the advice of delivery or
acceptance form as regulated by law;
b) Failure to use Vietnamese language in the
written postal service contracts;
c) Failure to conclude the agency agreement or
maintain a valid agency agreement when employing an agent or acting as agent
for postal services.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for provision of postal services of types other
than those specified in the signed agency agreement.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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b) Acting as a representative for a foreign postal
service provider when the representative agreement expires.
Article 6. Violations against
regulations on provision and use of postal services
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for provision of inaccurate or insufficient
information relating postal items as required by postal services.
2. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Failure to provide or provision of inaccurate or
insufficient information relating postal services supplied;
b) Failure to post or improperly or insufficiently
posting the list of articles and goods which are not delivered or transported
through the postal network, or regulations on provision of postal services at
postal service points.
3. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to implement or improperly implementing
regulations on delivery of postal items.
4. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Unlawful refusal to provide public postal
services or postal services for authorities of the Communist Party or of the
Government, or for national defense and security purposes;
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5. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for supply of public postal services inconsistently
with the law.
6. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to separately manage public postal
services and particular postal services;
b) Failure to report or incorrectly reporting the
results of supply of public postal services as regulated by law.
7. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Using revenues derived from the supply of
particular postal services to offset losses suffered from the supply of other
underpriced competitive postal services.
b) Committing violations against regulations on
international postal services and other related services laid down in
international treaties regarding postal services to which the Socialist
Republic of Vietnam is a signatory;
c) Supplying or offering sales promotion on postal
services against regulations on the scope of particular postal services.
Article 7. Violations against
regulations on articles and goods banned from being sent, accepted or
transported through postal network
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a) Sending or receiving or transporting postal
items containing articles or goods which are banned from export under the law
of Vietnam or banned from import under the law of the country where such postal
items are sent to.
b) Sending or receiving or transporting postal
items containing articles or goods which are banned from use or sale as
regulated by law;
c) Sending or receiving or transporting postal
items containing articles or goods which are banned from import as regulated by
law;
d) Sending or receiving or transporting postal
items containing articles or goods which are banned from being transported by
post as regulated by the law of Vietnam, or by an international treaty to which
the Socialist Republic of Vietnam is a signatory.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for sending or receiving or transporting or
delivering postal items containing cultural products in contravention of social
ethics, traditional customs and habits of Vietnam.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Sending documents or materials containing state
secrets without using postal services provided by an enterprise designated by
the Government;
b) Receiving documents or materials containing
state secrets ultra vires.
4. Additional penalties:
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5. Remedial measures:
a) Enforced destruction of articles if the
violation prescribed in Clause 2 of this Article is committed;
b) Enforced re-export of articles or goods banned
from being imported into Vietnam if the violation prescribed in Point c Clause
1 of this Article is committed;
c) Enforced restoration of initial state if the
violation prescribed in Point a Clause 3 of this Article is committed.
Article 8. Violations against
regulations on safety and security in course of provision and use of postal
services
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to check and make written record on
damaged items or failure to re-pack damaged items.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for impersonating other person to use postal
services.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Unpacking postal items in contravention of law
or fraudulently exchanging postal items;
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c) Failure to implement or improperly or
insufficiently implementing measures to ensure safety for couriers, postal
items and postal networks during the provision of postal services;
d) Suspending transport or delivery of postal
items, or checking and handling postal items or requests for provision of
information concerning postal services without making a written record and/or
signatures of relevant parties;
dd) Revealing information about the use of postal
services in contravention of law;
e) Failure to suspend the transport or delivery of
postal items, or failure to notify the competent state authority upon the
discovery of postal items in contravention of regulations on articles and goods
banned from being sent, accepted or transported through the postal network.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to cooperate with the competent state
authority to suspend the transport or delivery of postal items, or check and
handle postal items, or provide information concerning the use of postal
services as regulated by law.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Misusing the suspension of transport or delivery
of postal items, or the checking and handling of postal items, or requests for
provision of information concerning postal services to cause damage to the
national interests, or lawful rights and interests of providers and users of
postal services;
b) Causing obstacle to the free supply of postal
services.
6. Remedial measures:
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Article 9. Violations against
regulations on change in name and address of recipient; forwarding, return or
withdrawal of postal items; unclaimed items
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for failure to implement or improperly
implementing regulations on change in name and address of recipient, or
withdrawal of postal items.
2. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for collection of service fees for returning an ordinary item
weighing up to 500 grams when it is not delivered.
3. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Failure to forward or improperly forwarding
postal items to new address provided that they are not yet delivered to the
recipient's address specified on the postal items and the user of postal
services informs the postal services provider of change in address of recipient;
b) Failure to fulfill or improperly fulfilling the
recipient’s requirements for return of postal items in case it is unable to
deliver them to the recipient;
c) Failure to deal with or dealing with unclaimed
items in contravention of regulations of law.
4. Remedial measures:
Enforced return of fees collected inconsistently
with regulations if the violation prescribed in Clause 2 of this Article is
committed.
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failure to allocate locations at urban areas or
residential areas so that the designated postal service provider may set up
public mailbox system;
b) Failure to install or installing mailboxes for
multistoried apartment buildings or office buildings in contravention of
regulations;
c) Failure to install or installing public mailbox
systems at urban areas or residential areas in contravention of regulations;
d) Failure to arrange locations or facilitate users
of postal services at a multistoried apartment building or an office building
in installing their cluster mailbox units.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to check, repair, maintain and protect
postal network structures;
b) Failure to build and develop the public postal
network in conformity with the planning approved by a competent state
authority.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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b) Using specialized means of parcel transport
inconsistently with regulations.
4. Remedial measures:
Enforced restoration of initial state which has
been changed due to the act of violation prescribed in Point a Clause 3 of this
Article.
Article 11. Violations against
regulations on postal service quality and postage rates
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to declare or improper declaration of
quality of postal services other than public postal services as regulated by
law.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failure to make declaration of conformity for
public postal services or false declaration of quality of public postal
services as regulated by law;
b) Failure to post the “Declaration of conformity”
and/or the “List of quality criteria of public postal services” at postal
service points;
c) Failure to promulgate regulations on internal
inspection and evaluation of quality of public postal services as regulated;
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3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for any of the following violations:
a) Failure to provide postal services in the public
or failure to provide postal services according to declared quality;
b) Stipulating postage rates ultra vires;
c) Failure to send notification of postage rates to
competent state authorities;
d) Failure to formulate and submit the plan for
postage rates imposed by the Government to the competent state authority as
regulated.
Article 12. Violations against
regulations on postage stamps
1. A warning or a fine ranging from VND 200,000 to
VND 300,000 shall be imposed for any of the following violations in course of
postage payment:
a) Use of Vietnam’s postage stamps bearing
cancellations;
b) Use of damaged Vietnam’s postage stamps.
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3. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for use of foreign postage stamps to make
pre-payment of postage for sending postal items domestically or from Vietnam to
a foreign country.
4. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Trading, exchanging, exhibiting or distributing
postage stamps with contents, images, signs or symbols in contravention of
social ethics, and traditional habits and customs of Vietnam;
b) Selling Vietnam’s postage stamps on the public
postal network within duration of supplying postal services at prices other
than those printed on stamps, excluding postage stamps bearing cancellations;
c) Selling special postage stamps which are expired
on the public postal network, except where such postage stamps are
re-purchased;
d) Selling Vietnam’s postage stamps without release
decision made by a competent state authority;
dd) Organizing philatelic exhibitions
inconsistently with regulations adopted by competent state authorities;
e) Failure to use Vietnam’s postage stamps bearing
“specimen” word or cancellation when printing them on publications, except
where a postage stamp is greatly magnified as billboard or poster;
g) Failure to retain or retaining Vietnam’s postage
stamps and Vietnam’s postage stamp design dossiers inconsistently with
regulations of law.
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a) Trading, exchanging, exhibiting or disseminating
foreign postage stamps whose contents or origin is not accepted as provided for
by postal service authorities of member nations of the Universal Postal Union
and stamp collectors associations;
b) Printing Vietnam’s postage stamps against
decision of a competent state authority;
c) Providing false information in the application
for license for import of postage stamps;
d) Importing postage stamps against the provisions
of the license for import of postage stamps;
dd) Using an expired license for import of postage
stamps.
6. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Trading, exchanging, exhibiting or distributing
postage stamps which have been suspended or recalled under decisions by
competent authorities;
b) Partially or entirely using or reproducing
approved templates of Vietnam’s postage stamps without the written approval by
a competent state authority;
c) Failure to recall, handle and destroy postage
stamps in accordance with decisions on publication cessation or suspension, or
expired special postage stamps in accordance with regulations adopted by
competent state authorities;
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dd) Importing postage stamps but failure to obtain
the import license from a competent state authority as regulated.
7. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Trading, exchanging, exhibiting or disseminating
fake postage stamps;
b) Conducting the printing of Vietnam’s postage
stamps without a decision granted by a competent state authority;
c) Failure to submit schemes for printing of
foreign postage stamps, printing cooperation or joint issue with foreign postal
authorities to Ministry of Information and Communications for approval.
8. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for trading, exchanging, exhibiting or distributing
postage stamps whose contents, images, signs or symbols cause incitement and/or
animosity between ethnic groups or religions, or which communicate untrue
information concerning the territorial sovereignty of Vietnam.
9. Additional penalties:
a) Confiscate the exhibits of violations prescribed
in Point d Clause 4, Points a and b Clause 5, Points a and b Clause 6, Points a
and b Clause 7, and Clause 8 of this Article;
b) Expel foreigners who commit the violation
prescribed in Clause 8 of this Article from the territory of the Socialist
Republic of Vietnam.
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a) Enforced transfer of illegal benefits obtained
from the violations prescribed in Points a, b and c Clause 4, Point a Clause 5,
Point a Clause 6, and Point a Clause 7 of this Article to state budget;
b) Enforced re-export of postage stamps if any of
the violations prescribed in Points d and dd Clause 5, and Point dd Clause 6 of
this Article is committed;
c) Enforced destruction of articles if the
violation prescribed in Point a Clause 4 of this Article is committed.
Chapter 3.
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON TELECOMMUNICATIONS AND INTERNET, PENALTIES
AND REMEDIAL MEASURES
SECTION 1. VIOLATIONS AGAINST
REGULATIONS ON TELECOMUNICATIONS LICENSE
Article 13. Violations against
regulations on telecommunications license
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for setting up telecommunications network and/or
providing telecommunications services without giving an official notification
of operation of telecommunications network and provision of telecommunications
services to Ministry of Information and Communications as regulated.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for correction or erasure of telecommunications
license.
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4. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for establishment of public telecommunications
networks or supply of telecommunications services or installation of submarine
telecommunications cables without obtaining license as regulated.
5. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for providing false information or forging
documents in the application for telecommunications license.
6. Additional penalties:
Suspend the telecommunications license for 01 - 03
months if the violation prescribed in Clause 2 of this Article is committed.
7. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from the violation prescribed in Clause 4 of this Article;
b) Request the competent authority to revoke the
telecommunications license for the administrative violation referred to in
Clause 5 of this Article.
Article 14. Violations against
regulations on announcement or change in contents of telecommunications license
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
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b) Failure to publish contents regarding
modification or renewal of the license for supply of telecommunications
services within prescribed period or failure to publish such contents in three
consecutive issues of newspaper.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to publish or partially publishing the
contents of the license for supply of telecommunications services;
b) Failure to publish or partially publishing the
contents regarding the modification or renewal of the license for supply of
telecommunications services.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to give notification or to punctually
give notification of the change in the head office’s address to the licensing
authority;
b) Failure to give a notification to the licensing
authority as regulated when having change in the legal representative specified
in the license for supply of telecommunications services;
c) Failure to carry out procedures for modification
to the license for supply of telecommunications services when having changes in
the enterprise's name, or the scope of telecommunications network, or licensed
types of telecommunications services, or other information;
d) Failure to carry out procedures for modification
to the license for establishment of private telecommunications network when
having changes in the licensee’s name, or the list of member users of the
network, or the network configuration, or the scope of network, or types of
supplied services.
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5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to implement the commitments made by
the licensee with the licensing authority.
Article 15. Violations against
regulations on license to establish private telecommunications network
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the provision of services to organizations or
persons that are not members of the private telecommunications network.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the establishment of private telecommunications
network in contravention of provisions in the license.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the use of private telecommunications network
for business purposes.
4. Remedial measures:
Enforced transfer of illegal benefits obtained from
the violation prescribed in Clause 3 of this Article.
Article 16. Violations against
regulations on license for testing of telecommunications network and services
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to evaluate and complete testing
dossiers or failure to send report on testing results to Ministry of
Information and Communications upon the completion of testing process.
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Article 17. Violations against
regulations on license to install submarine telecommunications cables
1. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for provision of inaccurate or insufficient
information concerning cable routes to Ministry of Information and
Communications.
2. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for construction or installation of cable routes
inconsistently with diagram or coordinates of cable routes licensed by a
competent state authority.
3. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for any of the following violations:
a) Doing works other than survey, installation,
maintenance or repair of telecommunications cable routes within the territorial
waters of Vietnam;
b) Performing the survey, installation, maintenance
or repair of telecommunications cable routes without obtaining the permission
from a competent state authority.
4. Additional penalties:
Suspend the license to install submarine
telecommunications cables for 01 - 03 months if the violation prescribed in
Point a Clause 3 of this Article is committed.
SECTION 2. VIOLATIONS AGAINST
REGULATIONS ON SUPPLY OF TELECOMUNICATIONS SERVICES
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1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Establishing terminal devices systems at
locations other than those agreed upon in the telecommunications service agency
contract or outside authorized POS to supply services;
b) Failing to supply telecommunications services
within prescribed time frame.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failure to provide necessary information to
users of telecommunications services.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to satisfy requirements and standards
as regulated when acting as a telecommunications service agency or authorized
POS.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Providing services but failing to conclude a
telecommunications service agency as regulated;
b) Providing telecommunications services to users
who commit prohibited acts by law.
5. Remedial measures:
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Article 19. Violations against
regulations on use of telecommunications services and subscribers
1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Using, leasing or lending subscriber terminal
devices and/or special-use telecommunications products for transmitting
international telephone calls in contravention of the law;
b) Using telecommunications services to do
prohibited acts in telecommunications sector.
2. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 1 of this Article;
b) Expel foreigners who commit the violations
prescribed in Clause 1 of this Article from Vietnam.
3. Remedial measures:
Enforced transfer of illegal benefits obtained from
the violation prescribed in Clause 1 of this Article.
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1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to submit report to Ministry of
Information and Communications on changes in entities whose portions of
ownership of charter capital or shares of a telecommunications enterprise
exceed prescribed limits;
b) A telecommunications enterprise that is in the
List promulgated by the Prime Minister fails to formulate the plan for
restructuring of equity capital;
c) A telecommunications enterprise that is in the
List promulgated by the Prime Minister fails to punctually conduct the
restructuring of equity capital.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed on a telecommunications enterprise that is in the
List promulgated by the Prime Minister for failure to restructure its equity
capital.
3. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for any of the following violations:
a) Holding controlling shares inconsistently with
the law in a telecommunications enterprise that is in the List of providers of
telecommunications services with network infrastructure in which controlling
shares are owned by the State;
b) Owning portions of charter capital or shares in
excess of prescribed limits in two or more telecommunications enterprises providing
same telecommunications services which are in the List of telecommunications
services promulgated by Ministry of Information and Communications.
Article 21. Violations against
regulations on competition in the telecommunications industry
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2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed on a telecommunications enterprise holding a
dominant market share or that holding essential facilities for misuse of their
strengths of telecommunication network or essential facilities to obstruct the
market penetration of, or cause difficulties for other telecommunications
enterprises in course of supply of services.
3. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for any of the following violations:
a) Failure to obtain a written approval from
Ministry of Information and Communications before submitting application for
exemptions under regulations of the Competition Law;
b) Failure to send notification to Ministry of
Information and Communications before conducting the economic concentration
with a combined market share of 30% or above in relevant telecommunications
services sector.
4. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for any of the following violations:
a) A telecommunications enterprise holding a
dominant market share or that holding essential facilities uses information of
other enterprises for unfair competition;
b) A telecommunications enterprise holding a
dominant market share or that holding essential performs the
cross-subsidization between telecommunications services for unfair competition.
Article 22. Violations against
regulations on telecommunications dispute resolution
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
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b) Failure to enter into negotiation upon request
of Ministry of Information and Communications.
2. A fine ranging from VND 140,000,000 to VND 170,000,000
shall be imposed for failure to enforce the decision on dispute resolution
which is made by Ministry of Information and Communications and agreed upon by
the parties to such dispute.
SECTION 3. VIOLATIONS AGAINST
REGULATIONS ON ESTABLISHMENT OF TELECOMMUNICATIONS NETWORK AND SUPPLY OF
TELECOMUNICATIONS SERVICES
Article 23. Violations against
regulations on establishment of telecommunications network and supply of
telecommunications services
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for failure to post the instructions for use of
telecommunications services and contact numbers of emergency telecommunications
services, support services for search for landline numbers and notification of
landline number failure.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to provide necessary information to
users of telecommunications services, telecommunications agencies and/or
Internet service agencies;
b) Failure to obtain the approval from a competent
state authority when concluding standard form contracts for supply of
telecommunications services which are in the List of telecommunications
services required to conclude standard form contracts as regulated by law.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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b) Failure to give a notification of official
provision of telecommunications services to Ministry of Information and
Communications.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Providing telecommunications services in
contravention of provisions in the telecommunications license;
b) Failure to abide by regulations on resale of
telecommunications services.
5. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Making postpaid connection available for a
postpaid service user who does not yet complete the conclusion of contract and
make payment of SIM price;
b) Making prepaid connection available for a
prepaid services user who does not yet complete the registration of subscriber
information or top up SIM card.
6. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for provision of cross-border telecommunications
services to users in the territory of Vietnam in contravention of the law of
Vietnam.
7. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for any of the following violations:
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b) Establishing a telecommunications network
inconsistently with regulations adopted by Ministry of Information and
Communications.
8. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for establishment of telecommunications networks
for the purposes of illegally transmitting under any forms the traffic of
telecommunications services from Vietnam to foreign countries and vice versa.
9. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violation prescribed in Clause 8 of this Article.
10. Remedial measures:
Enforced transfer of illegal benefits obtained from
the administrative violations prescribed in Clauses 6 and 8 of this Article to
state budget.
Article 24. Violations against
regulations on supply of public-utility telecommunications services
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Performing propagation or advertising activities
leading to the misunderstanding that public-utility telecommunications services
are supported by telecommunications enterprises;
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2. A fine ranging from VND 50,000,000 to VND 70,000,000
shall be imposed for any of the following violations:
d) Failure to provide or insufficiently providing
types of public-utility telecommunications services as regulated;
b) Failure to report funding or supports given by
the Government to provide public-utility telecommunications services.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Providing public-utility telecommunications
services to regions which are not eligible as regulated;
b) Failing to fulfill obligations to formulate,
submit for approval and modify the plan for supply of public-utility
telecommunications services upon the request of a competent state authority;
c) Failing to implement the public-utility
telecommunications project upon the request of a competent state authority;
d) Making late payment of financial obligations to
Vietnam Public-utility Telecommunication Service Fund (VTF) as
regulated by a competent state authority.
4. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for misuse of funding allocated by state budget to
implement policies on public-utility telecommunications services.
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a) Enforced return of misused funds if the
violation prescribed in Clause 4 of this Article is committed;
b) Enforced payment of outstanding financial
obligations to Vietnam Public-utility Telecommunication Service Fund
and collection of interests accrued from the late payment and calculated
according to the maximum interest rate for demand deposits announced by the
State Bank of Vietnam at the time of imposing penalty for the violation
prescribed in Point d Clause 3 of this Article.
Article 25. Violations against
regulations on suspension of telecommunications services
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Suspending telecommunications services within 30
days after giving notice thereof to service users and related parties or
publishing such notice on the mass media;
b) Failing to give notice to users and related
parties or publish notice on the mass media, or giving notice with insufficient
information as prescribed before the suspension of telecommunications services;
c) Suspending partially or entirely telecommunications
services within 60 days after giving notification thereof to a competent state
authority;
d) Failing to give notification to a competent
state authority before suspending partially or entirely telecommunications
services.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on a telecommunications enterprise holding
essential facilities or that holding a dominant market share or public-utility
telecommunications services provider for any of the following violations:
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b) Failure to obtain a written approval from
Ministry of Information and Communications before suspending partially or
entirely telecommunications services.
Article 26. Violations against
regulations on professional communication
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for improperly applying professional communication
policies.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to provide detailed regulations on
entities, scope and using frequency, or failure to promulgate internal
regulations on management of professional communication activities in
enterprise.
Article 27. Violations against
regulations on support service for search for landline numbers
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for provision of 116 services failing to qualify
service quality standards as regulated.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Refusing to give support for search for landline
numbers of telecommunications enterprises which are included in the public
telephone directories;
b) Failing to establish support methods for search
for landline numbers as regulated;
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d) Putting information about name or address or
other relevant information of a subscriber, who refuses to carry out the
registration of subscriber information, into the public telephone directories.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to ensure capacity or time of providing
trunk gateways connected to the 116-service system;
b) Failing to ensure operating time or failing to
provide sufficient information in comparison with the 116 service database;
c) Failing to route 116 calls to the 116 service
system;
d) Failing to provide the landline subscriber
database including name, address, telephone numbers and other relevant
information to 116 service providers.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to provide free of charge the public
telephone directories to landline users.
Article 28. Violations against
regulations on emergency telecommunications services and notification of landline
number failure
A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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2. Failure to give notification of emergency
service numbers to users of telecommunications services or failure to post such
numbers in the public telephone directories.
Article 29. Violations against
regulations on change of subscriber numbers
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to give notice or failure to comply with
the prescribed period of notice of change of subscriber numbers on the mass
media;
b) Failure to provide guidance for users of
telecommunications services on dial modes upon the change of subscriber
numbers;
c) Failure to submit written reports to Ministry of
Information and Communications on change of subscriber numbers as regulated.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for change of subscriber numbers inconsistently
with the application for change of subscriber numbers or the written approval
granted by Ministry of Information and Communications.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failure to obtain a written approval for change
of subscriber numbers from Ministry of Information and Communications as
regulated;
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Article 30. Violations against
regulations on registration, retention and use of subscriber information
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Providing or using inaccurate information for
the purpose of concluding telecommunications service contracts;
b) Failing to register for change of subscriber
information upon the change in subscriber owner.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for acceptance of invalid documents when receiving
applications for registration of subscriber information.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Receiving applications for registration of
subscriber information without authorization as regulated;
b) Failing to satisfy eligibility requirements for
subscriber information registration office as regulated;
c) An owner of subscriber information registration
office fails to comply with procedures for registration of subscriber
information;
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dd) Failing to check/ update, or transmit accurate
subscriber information registered at the POI to the telecommunications
enterprise;
e) Providing services to subscribers while the
subscriber owner (of fewer than 100 subscribers) fails to provide sufficient
and accurate information as regulated.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Selling SIM cards or terminal devices of kinds
without using SIM cards for which subscriber information has been registered by
other entities;
b) Trading, exchanging or using devices with
function to activate SIM cards or carrying out the registration of subscriber
information in contravention of law.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Granting authorization to receive applications
for registration of subscriber information in contravention of regulations;
b) Failing to organizing training courses in
procedures for registration of subscriber information for subscriber
information registration offices;
c) Failing to stop providing services to the
subscriber owner who provides inaccurate information as self-detected by the
telecommunications enterprise;
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dd) Failing to stop providing services to
subscriber owners upon the request of a competent state authority;
e) Providing services to subscribers while the
subscriber owner (of between 100 and 300 subscribers) fails to provide
sufficient and accurate information as regulated;
g) Failing to make connection to the subscriber
information database upon the request of a competent state authority;
h) Failing to formulate, promulgate and implement
procedures for registration of subscriber information as regulated;
i) Telecommunications service provider fails to
comply with regulations on registration, retention or use of subscriber
information.
6. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Accepting subscriber information provided by
owners of subscriber information registration offices other than the authorized
ones;
b) Providing services to subscribers while the
subscriber owner (of between 300 and 500 subscribers) fails to provide
sufficient and accurate information as regulated.
7. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
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b) Providing services to subscribers while the
subscriber owner (of 500 subscribers or more) fails to provide sufficient and
accurate information as regulated;
c) Failing to develop subscriber information
registration office as regulated;
d) Failing to finalize the authorization contract
for registration of prepaid mobile subscriber with owners of subscriber
registration offices committing prohibited acts as regulated.
8. Additional penalties:
a) Confiscate exhibits of administrative violations
prescribed in Clause 4 of this Article, excluding ID cards or passports (if
exhibits are SIM cards, SIM balance shall be also confiscated);
b) Confiscate the amount of money, including SIM’s
principal account balance, accrued from the violation prescribed in Point a
Clause 4 of this Article.
Article 31. Violations against
regulations on invoicing, revenue from and payment of telecommunications
service charges
1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for issuing an invoice containing insufficient or inaccurate
information about service charge and amount payable for each type of services
or VAT and total amount payable.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Charging local calls from landline subscriber
numbers to emergency service numbers or 116 service number or service numbers
for notification of landline numbers;
c) Failing to issue invoices to postpaid
subscribers, except for cases where a subscriber makes payment by using
recharge cards or otherwise agreed;
d) Failing to retain paper-based general
declaration of revenue generated from telecommunications service charges
applied to users made by using the prescribed template of declaration of
revenue generated from telecommunications service charges applied to users;
dd) Failing to properly store general declarations
of revenue generated from telecommunication service charges, declarations of
revenue generated from telecommunication service charges applied to users,
declarations of revenue earned from the difference in payment of
telecommunications service charges between telecommunications enterprises and
declarations of revenue derived from the difference in the international
payment between telecommunications enterprises and foreign partners under
provisions of law;
e) A general declaration of revenue generated from
telecommunication service charges insufficiently or inaccurately contains any
of the following contents: Revenue generated from provision of each
telecommunication service; deductions of revenue including, but not limited to,
the following cases: reduction of service charges, discount and promotion;
revenue earned from the difference in payment of telecommunications service
charges between telecommunications enterprises; revenue derived from the
difference in the international payment between telecommunications enterprises
and foreign partners; and other revenue.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for improper application of methods for determining
revenue from telecommunications service charges.
4. Remedial measures:
Enforced collection or return of service charges
improperly collected if the violation prescribed in Point b Clause 2 of this
Article is committed.
Article 32. Violations against
regulations on public internet access points
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to specify the business registration
number of the Internet service agency on its signboard in case where the
conclusion of the Internet service agency contract is compulsory;
b) Failure to specify the enterprise’s name or the
number of License to provide Internet services obtained by the enterprise on
the "Public Internet access point" signboard;
c) Failure to state all of prohibited acts as
regulated by law in the internal regulations on use of Internet services;
d) Failure to post the internal regulations on use
of Internet services as regulated;
dd) Failure to post service charges.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Failure to hang the “Internet service agency”
signboard or the "Public Internet access point" signboard;
b) Setting up Internet equipment and systems to
provide Internet service at locations other than those agreed upon the signed
Internet service agency contract;
c) Internet equipment and systems fail to meet
technical requirements to ensure the safety of telecommunications
infrastructure and information security as regulated;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failure to comply with time of providing
services as regulated;
b) Internet service agency uses transmission line
for household subscription to provide public Internet access services;
c) Letting users of Internet services perform
prohibited acts as defined in regulations on management, provision and use of
Internet and cyberinformation;
d) The public Internet access point fails to
conclude the Internet service agency contract;
dd) Letting users access, watch or download
depraved, gambling or superstition-related information, images and/or videos.
4. Additional penalties:
Suspend operation of the public Internet access
service point that commits any of the violations prescribed in Points b, c, d
and dd Clause 3 of this Article for 01 - 03 months.
SECTION 4. VIOLATIONS AGAINST
REGULATIONS ON CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE AND
STRUCTURES
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) The telecommunications enterprise holding
essential facilities fails to publish the standard-form connection agreement;
b) The telecommunications enterprise fails to
ensure connection capacity as regulated in the general plan for development of
telecommunications network and services, and connection agreement;
c) The telecommunications enterprise fails to
ensure connection quality;
d) Failure to perform contents of the signed
connection agreement;
dd) Refusing to negotiate with other
telecommunications enterprise for connections made inconsistently with
regulations;
e) Concluding connection agreement or contract for
provision of connection capacity which contains insufficient information as
regulated;
g) Failure to comply with the time limit for
carrying out connection procedures as regulated;
h) The telecommunications enterprise holding
essential facilities fails to facilitate the negotiation and connection by
other telecommunications enterprises.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The telecommunications enterprise holding
essential facilities fails to carry out the registration of standard-form
connection agreement with Ministry of Information and Communications;
b) Making connection of telecommunications network
without obtaining the written approval for connection agreement from Ministry
of Information and Communications;
c) Failing to provide or providing inaccurate
information to other telecommunications enterprise to make connections as
regulated.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Suspending, limiting or causing difficulties in
connection of public telecommunications networks or the provision of services
by other telecommunications enterprises in contravention of regulations or
connection agreements signed by and between telecommunications enterprises;
b) Refusing to make connection between the
enterprise’s public telecommunications network with those of other
telecommunications enterprises in contravention of regulations;
c) Refusing to give permission to make connections
at technically feasible connection points on the telecommunications network;
d) Failing to ensure the timely and explicit
connection;
dd) Making discrimination between connections on
the same network or internetwork connections in terms of service charges,
technical standards and regulations on telecommunications network, quality of
telecommunications networks and services;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Failing to comply with decision on network
connection by Ministry of Information and Communications in emergency cases
with the aims of maintaining the provision of telecommunications services to
serve the prevention and control of natural disasters, flood, earthquake and
fire, and in other emergency cases as regulated;
h) Making connections with connection interface
standard or signaling standard other than those adopted by Ministry of
Information and Communications without obtaining written approval from
competent state authorities.
Article 34. Violations against
regulations on connection of private telecommunications network
1. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for any of the following violations:
a) Failure to comply with regulations on connection
of the private telecommunications network to the public telecommunication
network;
b) Failure to ensure the adherence to technical standards
and regulations when making the connection of a private telecommunications
network to the public telecommunication network;
c) Failure to conclude a connection contract when
making connection between the private telecommunications network and the public
telecommunication network.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for making direct connection between private
telecommunications networks without obtaining a written approval from Ministry
of Information and Communications.
Article 35. Violations against
regulations on telecommunications infrastructure sharing
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Performing sharing of telecommunications infrastructure
without concluding a contract;
b) The telecommunications enterprise holding
essential facilities fails to provide or provides inaccurate information
concerning such essential facilities as regulated.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to comply with regulations on landscape,
environment and/or urban planning when performing sharing of telecommunications
infrastructure;
b) Failing to comply with relevant technical
standards and regulations when performing sharing of telecommunications
infrastructure;
c) Making discrimination by prices, technical
standards and regulations, or quality when performing sharing of
telecommunications infrastructure;
d) Refusing to negotiate with other
telecommunications enterprises for sharing of telecommunications infrastructure
inconsistently with regulations.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Telecommunications enterprise limits, suspends
or causes difficulties to the sharing of telecommunications infrastructure with
other telecommunications enterprises;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to implement or suspending the
implementation of decision on sharing of telecommunications infrastructure made
by a competent state authority.
Article 36. Violations against
regulations on formulation and implementation of passive telecommunications
infrastructure plan
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to make public disclosure or
notification of approved passive telecommunications infrastructure plans;
b) Failure to provide sufficient data about passive
telecommunications infrastructure upon the request of a competent state
authority.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to implement important
telecommunications investment projects in connection with the national security
or which are going to be used as public telecommunications service points upon
the completion of construction after such projects have been approved and land
for building the works is allocated by competent state authorities;
b) Implementing and using passive
telecommunications infrastructure works inconsistently with approved plans;
c) Failing to arrange and transfer land area for
implementing the important telecommunications investment project in connection
with the national security or which is going to be used as public
telecommunications service point according to the plan approved and announced
by a competent state authority.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The telecommunications enterprise fails to
submit the passive telecommunications infrastructure plan to a competent state
authority for approval;
b) The telecommunications enterprise refuses to
cooperate or make contribution to the undergrounding, replacement of overhead
cables, renewal or reconstruction of passive telecommunications infrastructure
works according to approved plans.
Article 37. Violations against
regulations on design, construction and use of telecommunications works
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failing to install telecommunications cable
systems or access points in apartment buildings, office buildings or hotels;
b) Failing to allocate spaces for construct antenna
towers or installing transmitters and receivers in apartment buildings, office
buildings, hotels or public constructions in case such construction or
installation is considered technically feasible;
c) Failing to have passive telecommunications
infrastructure when creating fundamental designs of transport, power supply,
public lighting, water supply and drainage infrastructure works and other
technical infrastructure works;
d) Failing to comply with the rule for using
passive telecommunications infrastructure works that service users have the
right to select telecommunications service providers in buildings, industrial
parks, export processing zones, high-tech parks, urban areas and concentrations
of information technology service providers;
dd) Illegally obstructing the implementation of
approved passive telecommunications infrastructure projects;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The owner or manager of telecommunications works
fails to carry out the maintenance of telecommunications works as regulated.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on investors of transport works, industrial parks,
export processing zones, high-tech parks, urban areas or concentrations of
information technology service providers for failure to allocate land areas for
building passive telecommunication infrastructure works.
Article 38. Violations against
regulations on shared use of telecommunications infrastructure
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Illegally obstructing the installation of
telecommunications cables alongside streets, pavements, bridges, culverts and
traffic routes;
b) Illegally obstructing the installation of
telecommunications cables on utility poles at areas where it is unable to
perform the undergrounding or building separate telecommunications cable posts;
c) Illegally obstructing the installation of
telecommunications cables and/or equipment at underground works, underground
traffic works, head underground technical works, underground items of ground
construction works, underground pipe, wiring, cable works, technical trenches
and routes.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Investors of technical infrastructure works fail
to design or build technical infrastructure for shared use for installing
telecommunications cables and equipment in conformity with approved passive
telecommunications infrastructure plans;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Installing types of telecommunications lines,
cables and pipes into the technical infrastructure work for shared use without
identification signs as regulated.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for improper enforcement of regulations on shared
use of passive telecommunications infrastructure.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to enforce regulations on shared use of
passive telecommunications infrastructure.
Article 39. Violations against
regulations on security of telecommunications infrastructure
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for causing failures of optical or copper cable
lines, antenna systems or equipment of transmission systems, switching systems and
other telecommunications equipment of local loop.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the telecommunications enterprise, Internet
service provider or online information service provider for any of the
following violations:
a) Failure to develop technical systems and
operations to ensure information safety and security as regulated;
b) Failure to give instructions to the enterprise’s
agencies or public service points to implement measures to ensure the
information safety and security;
c) Failure to formulate, promulgate and implement
internal operating regulations; procedures for operation, provision and use of
services, and regulations on cooperation with Ministry of Information and
Communications and Ministry of Public Security in ensuring the information
safety and security.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Causing failures of cable lines, antenna systems
or equipment of transmission systems, switching systems and other
telecommunications equipment of domestic or international long-distance public
fixed telecommunications network, public mobile telecommunications network,
public satellite fixed telecommunications network, public satellite mobile
telecommunications network and public maritime radio communication network;
b) Illegally access to public telecommunications
networks, private telecommunications networks, special-use telecommunications
networks or other telecommunications subscriber lines.
4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Sabotaging the radio infrastructure systems or
illegally obstructing the lawful construction of radio infrastructure systems;
b) Destroying, causing damage or deterioration of
radio frequency monitoring systems, antenna or equipment of radio frequency
monitoring systems.
5. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for any of the following violations:
a) Causing failure of optical cable lines, antenna
systems or equipment of transmission systems, switching systems and other
telecommunications equipment of national telecommunications backbone systems;
causing failure of the system of national DNS servers;
b) Deliberately sabotaging database, software,
hardware or equipment of telecommunications networks or the system of national
DNS servers;
c) Failing to strictly comply with regulations on
safety of telecommunications infrastructure or information security;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Destroying, causing damage or deterioration of
telecommunications networks, or misusing the network, equipment, software
and/or hardware tools to obstruct or cause interference or disturbance to
normal operations of computer networks, telecommunications networks and digital
equipment;
e) Failing to formulate plans and implement
measures for ensuring the safety of telecommunications infrastructure and
information security under prevailing regulations;
g) Failing to formulate and promulgate procedures
and regulations on cooperation with the public security forces, military and
militia forces in ensuring the safety of telecommunications infrastructure and
information security;
h) Failing to invest and build or install equipment
and facilities to serve the assurance of information security at enterprise as
regulated;
i) Failing to arrange connection ports or other
necessary technical conditions to serve the task of ensuring information safety
and security upon request of Ministry of Information and Communications and/or
Ministry of Public Security;
k) Failing to immediately stop providing or using
services in case of misuse of telecommunications network or services to
infringe the national security, and social order and security;
l) Failing to formulate and implement plans for
protecting, preventing and coping with acts infringing the safety of important
telecommunications works in connection with national security as regulated.
6. Suspend telecommunications license for 12 – 18
months for delaying or failing to comply with decisions on mobilization of
partial or entire telecommunications infrastructure systems, public
telecommunications networks or private telecommunications networks to serve
national defense and security tasks in emergency cases under regulations of
law.
SECTION 5. VIOLATIONS AGAINST
REGULATIONS ON TELECOMUNICATIONS AND INTERNET RESOURCES
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to return allocated telecommunications
numbers to the number storage when they are not used or upon the termination of
provision of telecommunications services.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for use of allocated telecommunications number
storage inconsistently with allocation decisions, plans and regulations on management
of telecommunications number storage.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for use of telecommunications number storage
without obtaining approval from Ministry of Information and Communications.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for use of telecommunications number storage after
Ministry of Information and Communications makes decision on revocation of such
telecommunications number storage.
Article 41. Violations against
regulations on use of Internet domain names
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Carrying out the registration of international
domain name inconsistently with regulations adopted by Ministry of Information
and Communications; using an international domain name without giving a
notification or giving a notification of use of an international domain name
with insufficient or inaccurate information, or changing registration information
without giving notification to Ministry of Information and Communications;
b) Providing inaccurate information or failing to
update information when having changes in contact information (address,
telephone number, email address, domain name manager) of organizational user,
or contact address, telephone number, email address, ID Card or Passport number
of individual user, of domain name “.vn”;
c) Impersonating another entity or individual to
carry out the registration of domain name ".vn".
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Granting permission to use the third-level
domain name following the second-level domain name “.vn” to entities that are
not members of such domain name owner; a person grants permission to use the
third-level domain name following his/her second-level domain name “.vn” to
other entities or persons;
b) Using Internet domain names in contravention of
regulations or against rules for management and use of Internet resources
announced by Ministry of Information and Communications.
3. Remedial measures:
Enforced revocation of the second-level domain name
“.vn” if any of the violations prescribed in Point a Clause 2 of this Article
is committed.
Article 42. Violations against
regulations on registration and provision of Internet domain names
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) An international domain name registrar in Vietnam
fails to instruct international domain name registrants to give online
notification of required information to Ministry of Information and
Communications;
b) An international domain name registrar in
Vietnam fails to submit online reports on updated list of international domain
names under its management to Ministry of Information and Communications in
accordance with regulations on management and use of Internet resources;
c) An enterprise that is not established under the
law of Vietnam provides international domain name registration services in
Vietnam;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) ".vn" domain registrar provides wrong
guidance or advice to entities or persons about regulations on registration and
use of “.vn” domain name.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for providing registration services or maintaining
domain names for entities or persons but failing to retain sufficient
information or insufficiently or inaccurately retaining information as
regulated.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on ".vn" domain registrar for any of the
following violations:
a) Failing to adopt measures to ensure security of
domain names of entities or persons that have carried out registration of
domain names on its system of DNS servers;
b) Speculating domain names in any forms when
providing “.vn” country code domain names;
c) Obstructing entities or persons in carrying out
lawful registration of domain names;
d) Illegally obstructing entities or persons in
changing ".vn" domain registrars.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) A domain name registrar fails to provide
information or provides inaccurate information or fails to cooperate or
partially cooperates with competent state authorities in handling matters
concerning domain names under its management;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A domestic ".vn" domain registrar
fails to use Primary DNS server with ".vn" Vietnam country-code
domain name when providing DNS services;
d) Provider of ".vn" Vietnam country-code
domain name services is not certified as a ".vn" domain registrar or
fails to conclude an agency contract with a domestic ".vn" domain
registrar.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Provider of international domain name
registration services in Vietnam is not an Accredited Registrar of
the Internet Corporation for Assigned Names and Numbers (ICANN) or fails
to conclude a contract with an ICANN – Accredited Registrar when providing
international domain name registration services in Vietnam;
b) Failing to carry out operation registration or
failing to satisfy eligibility requirements for international domain name
registrars in Vietnam as regulated by Ministry of Information and
Communications when providing international domain name registration services;
c) Providing registration and maintenance services
of “.vn” Vietnam country-code domain names but the provider is not a
".vn" domain registrar or fails to conclude an agency contract with a
".vn" domain registrar.
Article 43. Violations against
regulations on registration and use of IP address and network serial number
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Committing violations against regulations by
Ministry of Information and Communications on registration and use of IP
address/ network serial number;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Producing or importing equipment and/or software
capable of Internet connection in contravention of regulations or routes for
application of IPv6 technology of Ministry of Information and Communications.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) The entity that receiving and using IP address
and network serial number from a foreign entity fails to comply with general management
policies adopted by Ministry of Information and Communications;
b) Failure to return IP address/ network serial
number no longer needed by users.
3. Remedial measures:
Enforced revocation of ID address/ network serial
number if any of the violations prescribed in Point a Clause 1 and Point a
Clause 2 of this Article is committed.
Article 44. Violations against
regulations on transfer and leasing of telecommunications number storage and
Internet resources
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Transferring the right to use telecommunications
number storage assigned to the entity or person without auction;
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c) Transferring the right to use telecommunications
number storage or Internet resources but the transferor fails to get legal
rights to use them;
d) Transferring the right to use telecommunications
number storage or Internet resources but the transferee is not allowed to
operate or fails to satisfy eligibility requirements for investment or
operation or use of transferred telecommunications number storage or Internet
resources.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for leasing of telecommunications number storage/
Internet resources without giving notification or without obtaining approval
from Ministry of Information and Communications.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for transferring or receiving transfer of Internet
resources assigned via auction without obtaining approval from Ministry of
Information and Communications.
4. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for transferring or receiving transfer of
telecommunications number storage via auction without obtaining approval from
Ministry of Information and Communications.
5. Remedial measures:
Enforced revocation of telecommunications number
storage/ Internet resources if any of the violations prescribed in Clauses 1, 3
and 4 of this Article is committed.
Article 45. Violations against
regulations on auction and selection of entities qualified to use
telecommunications number storage and Internet resources
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to make full payment of final bid price
as stipulated in the bidding documents.
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3. A fine ranging from VND 140,000,000 to VND
170,000,000 shall be imposed for any of the following violations:
a) Providing inaccurate information to participate
in auction or selection of entities qualified to use telecommunications number
storage;
b) Failing to perform committed contents after
winning at the auction or being selected to use telecommunications number
storage/ Internet resources.
4. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for entering into collusion between bidders or
participants in the selection of qualified entities to use telecommunications
number storage.
5. Remedial measures:
Enforced revocation of Internet resources/
telecommunications number storage if any of the violations prescribed in Clause
2, Point b Clause 3 and Clause 4 of this Article is committed.
SECTION 6. VIOLATIONS AGAINST
REGULATIONS ON TELECOMUNICATIONS QUALITY
Article 46. Violations against
regulations on certificate of conformity, declaration of conformity and import
license
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
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b) Selling equipment in the list of information technology
and telecommunications products and commodities which require certification and
declaration of conformity but such equipment is not yet certified or declared
conformable with regulations or affixed the conformity marking;
c) Selling equipment in the list of information
technology and telecommunications products and commodities which require
declaration of conformity but such equipment is not yet declared conformable
with regulations or affixed the conformity marking;
d) Failing to retain documents relating
certification/ declaration of conformity as regulated.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Manufacturing or importing equipment in the list
of information technology and telecommunications products and commodities which
require certification and declaration of conformity but such equipment is not
yet certified as conformable with regulations before it is placed on the
market;
b) Manufacturing or importing equipment in the list
of information technology and telecommunications products and commodities which
require certification and declaration of conformity or the list of information
technology and telecommunications products and commodities which require
declaration of conformity but failing to perform the declaration of conformity
for such equipment before it is sold on the market;
c) Manufacturing or importing equipment in the list
of information technology and telecommunications products and commodities which
require certification and declaration of conformity or the list of information
technology and telecommunications products and commodities which require
declaration of conformity but failing to affix conformity marking to such
equipment before it is sold on the market;
d) Connecting equipment in the list of information
technology and telecommunications products and commodities which require
certification and declaration of conformity to public telecommunications
networks but such equipment is not yet certified or declared conformable with
regulations or affixed the conformity marking;
dd) Providing or using passive telecommunications
infrastructure facilities, or connecting telecommunications networks without
making declaration of conformity;
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g) Failing to re-make certification/ declaration of
conformity as regulated;
h) Failing to obtain an import license or
possessing an expired import license when importing equipment in the list of
radio transmitters and receivers which require the import license.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing, importing or selling equipment
in the list of information technology and telecommunications products and
commodities which require certification and declaration of conformity or the
list of information technology and telecommunications products and commodities
which require declaration of conformity but the quality of such equipment fails
to be conformable with applicable technical regulations certified or declared.
4. Remedial measures:
a) Enforced revocation of telecommunications
equipment sold on the market if any of the violations prescribed in Clauses 1
and 2 of this Article is committed;
b) Enforced change of use purposes or enforced
recycling or export of telecommunications equipment imported in contravention
of regulations in Clause 3 of this Article.
Article 47. Violations against
regulations on quality of telecommunications networks and services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failure to complete procedures for declaration
of quality of telecommunications services within prescribed time limit;
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2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to make declaration of quality according
to standards voluntarily applied to telecommunications services which are not
in the list of telecommunications services subject to compulsory quality
management on the enterprise's website;
b) Failure to publish the declaration of quality of
telecommunications services on the enterprise’s website or post it at POS
within the prescribed time limit, or publishing or posting the declaration of
telecommunications service quality other than that included in the declaration
of quality dossier submitted to the competent state authority;
c) Failure to promulgate or improper promulgation
of regulations on internal inspection of quality of telecommunications services
as regulated;
d) Failure to set up the service quality item on
the enterprise’s website to publish information concerning the management of
quality of telecommunications services provided by the enterprise as regulated.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to make declaration of quality according
to the National technical regulations for telecommunications services which are
in the list of telecommunications services subject to compulsory quality
management;
b) Failure to re-make and complete procedures for
declaration of quality of telecommunications services within prescribed time
limit upon the occurrence of changes in law regulations, technical standards
and regulations or changes in quality contents declared;
c) Failure to publish the declaration of quality of
telecommunications services on the enterprise’s website or failure to post it
at conspicuous and legible places at all POS performing the conclusion of
service contracts with clients;
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dd) Failure to retain or insufficiently or
improperly retaining data/ documents used as the basis for preparing reports on
quality of telecommunications services;
e) Data/ documents used as the basis for preparing
reports fail to match with those reported to the competent state authority;
g) Failure to provide or insufficiently or
improperly providing documents/data to serve the inspection of quality of
telecommunications services;
h) Failure to provide technical assistance to
facilitate the competent state authority in accessing to the enterprise’s
facilities/systems for inspection;
i) Failure to conduct or improperly conducting the
internal inspection of quality of telecommunications services as regulated;
k) Failure to retain or insufficiently or
improperly retaining written records of periodical internal inspection of
quality of telecommunications services and measuring results of quality
indicators of each telecommunications service enclosed with specific figures
thereof as regulated;
l) Failure to publish or insufficiently or
improperly publishing required information at the quality management item on
the enterprise’s website as regulated.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Providing telecommunications service having one
quality indicator lower than the quality level prescribed in technical
standards and/or regulations announced by the competent state authorities or
lower than the quality level declared;
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5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Providing telecommunications service having more
than one quality indicator lower than the quality levels prescribed in
technical standards and/or regulations announced by the competent state
authorities or lower than the quality levels declared;
b) Failing to guarantee quality of
telecommunications network in compliance with technical standards and/or
regulations promulgated by competent state authorities.
Article 48. Violations against
regulations on inspection of telecommunications equipment and radio stations
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for improperly posting the copy of inspection
certificate at the place where telecommunications equipment or radio station is
installed.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Erasure or correction of inspection certificate;
b) Failure to conduct the re-inspection of
telecommunications equipment and radio stations which are in the list of
telecommunications equipment and radio stations subject to timely and mandatory
inspection as regulated;
c) Failure to conduct the surprise inspection of
previously inspected telecommunications equipment and radio stations which are
in the list of telecommunications equipment and radio stations subject to
mandatory inspection upon the occurrence of changes in excess of permitted
safety limits specified in the inspection certificate or upon the discovery
that the quality of such telecommunications equipment and radio stations fails
to be conformable with technical standards and regulations announced by
competent state authorities.
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a) Using telecommunications equipment/ radio
stations which have been duly inspected but the inspection certificate expires;
b) Failure to conduct the prescribed inspection
before putting telecommunications equipment/ radio stations which are in the
list of telecommunications equipment and radio stations subject to mandatory
inspection into operation;
c) Failure to strictly apply technical standards
and regulations in telecommunications field to network equipment, equipment
used to measure and calculate service charges, radio stations.
SECTION 7. VIOLATIONS AGAINST
REGULATIONS ON TELECOMUNICATIONS SERVICE CHARGES AND SALE PROMOTION
Article 49. Violations against
regulations on telecommunications service charges
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for improperly posting telecommunications service
charges as regulated.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to give a notification of
telecommunications service charges to Ministry of Information and
Communications as regulated;
b) Applying telecommunications service charges before
carrying out the registration of service charges with Ministry of Information
and Communications as regulated;
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d) Installing telecommunications services with
improper charges;
dd) Failing to submit the plan on service charges
of kinds decided by Ministry of Information and Communications or the plan on
telecommunications service charges upon the request of a competent state authority;
e) Failing to submit the plan on exemption and
reduction of public-utility telecommunications service charges to Ministry of
Information and Communications or upon the request of a competent state
authority.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) The telecommunications enterprise holding
dominant market share imposes charges lower than the prime cost of service;
b) Failing to adopt the cost allocation method to
determine the prime costs of all kinds of telecommunications services which are
separately accounted;
c) Entering into agreement with foreign partners at
service charges lower than the floor price announced by the Government; making
false reports on international service charges which the enterprise have
negotiated, made transfer pricing or discount to lower the service chargers
under the floor price announced by the Government;
d) Imposing service charges, service charge
schedule of public-utility telecommunications services or connection charges
other than those announced by Ministry of Information and Communications;
dd) Imposing service charges other than those
specified in relevant decision in effect or negotiated prices on private
telecommunications infrastructure services announced by the Government;
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4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Performing cross-subsidization between
telecommunications services when determining the prime costs and service
charges;
b) Collecting telecommunications service charges
inconsistently with those registered or notified to Ministry of Information and
Communications;
c) Imposing, increasing or reducing
telecommunications service charges resulting in the market instability or
causing damage to legal rights and benefits of users of telecommunications
services, of other telecommunications enterprises and/or of the Government.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Providing telecommunications services with
charges which are too low in comparison with the average market charges of
telecommunications services as regulated by Ministry of Information and
Communications;
b) Failing to implement measures to monitor and
stabilize charges of telecommunications services upon the request of a
competent state authority.
6. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for failure to enforce the decision on suspension
of prevailing telecommunications service charges made by Ministry of
Information and Communications.
7. Remedial measures:
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Article 50. Violations against
regulations on promotion of telecommunications services and special-use
telecommunications products
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to give notification of promotion
program to the competent state authority within prescribed time limit;
b) Failing to carry out the registration of
promotion programs on telecommunications services which are in the list of
telecommunications services subject to mandatory registration of service
charges with Ministry of Information and Communications within the prescribed
time limit;
c) Performing promotion programs inconsistently
with the notification or registration made with a competent state authority.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Promotion activities of special-use
telecommunications products/ telecommunications services is performed by an
entity that is not a telecommunications enterprise or is not rent by a
telecommunications enterprise;
b) Using labels of telecommunications services/
special-use telecommunications products for promotion activities in
contravention of regulations in the list of telecommunications services and
special-use telecommunications products promulgated by Ministry of Information
and Communications;
c) Giving promotion with value of promotional
article applied to each telecommunications service or special-use
telecommunications products or total value of services/ products in a promotion
program exceeding the maximum promotional value stipulated by Ministry of
Information and Communications;
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dd) Adopting promotional units for
telecommunications services inconsistently with regulations adopted by Ministry
of Information and Communications.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Giving SIM with subscriber number or telephone
with subscriber number installed to a client who fails to register for free
trial;
b) Issuing or providing SIM cards with money
available on accounts; giving data traffic in replacement of account top-up;
c) Selling or giving sales promotion or discounts
on SIM card with price lower than the prime cost of a blank SIM card plus
activation fee;
d) Failure to give a notification of types of
recharge cards and face value of recharge card to Ministry of Information and
Communications before issuing recharge cards;
dd) Providing trial telecommunications services to
clients who fail to register for free trial;
e) Providing telecommunications service to clients
for free trial when trial duration expires or such service has been provided on
the market for more than 12 months;
g) Providing trial telecommunications service
within a period lasting more than 31 days;
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i) Giving special-use telecommunications products
or telecommunications service not associated with the sale of products or
supply of services;
k) Selling products or providing services with
vouchers to buy SIM cards with subscriber number available or telephones with
subscriber number installed or recharge cards;
l) Voucher for using telecommunications service
takes effect before the client has used contact duration, data volume or
package at least equal to those specified in the voucher;
m) Applying promotion program for regular clients
to ineligible entities.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failing to give a notification of promotion
programs for telecommunications services/ special-use telecommunications
products to the competent state authority;
b) Failing to carry out the registration of
promotion programs for telecommunications services which are in the list of
telecommunications services subject to mandatory registration of service
charges with Ministry of Information and Communications;
c) Performing a sales promotion program for a brand
of telecommunications service or special-use telecommunications product; or
performing a sales promotion program for supply of telecommunications services
or sales of special-use telecommunications products associated with the
participation in a lucky draw program for a period exceeding that prescribed by
Ministry of Information and Communications;
d) Performing a sales promotion program for a brand
of telecommunications service or special-use telecommunications product within
a period lasting more than 45 days; or performing a sales promotion program for
supply of telecommunications services or sales of special-use
telecommunications products associated with the participation in a lucky draw
program within a period lasting more than 90 days provided that the promotion
duration of such types of services or products is not prescribed by Ministry of
Information and Communications;
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e) Performing within one year sales promotion
programs for a brand of telecommunications service or special-use
telecommunications product with total promotion duration in excess of 90 days;
or sales promotion programs for supply of telecommunications services or sales
of special-use telecommunications products associated with the participation in
a lucky draw program with total promotion duration in excess of 180 days with
respect of services whose promotion duration is not prescribed by Ministry of
Information and Communications;
g) Giving promotion with value of promotional
article applied to each telecommunications service/ special-use
telecommunications product or total value of promotional services/ products in
excess of the limits prescribed by Ministry of Information and Communications;
h) Giving promotion with value of promotional
article applied to each telecommunications service/ special-use
telecommunications product in excess of 50% of value of such service/ product
applied before promotion duration; or giving promotion with total promotion
value of a telecommunications service/ special-use telecommunications product
in excess of 50% of total value of such telecommunications service/ special-use
telecommunications product with respect of services and products whose
promotion value is not prescribed by Ministry of Information and
Communications.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for promotion activities by reducing
telecommunications service charge or reducing selling price of special-use
telecommunications products with respect of telecommunications services and
special-use telecommunications products whose charges or prices are stipulated
by the Government; or promotion activities by reducing telecommunications
service charge or reducing selling price of special-use telecommunications
products to the limits lower than the minimum charge or price with respect of
services and products whose charge or price bracket or minimum charge or price
is stipulated by the Government;
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to implement the written decision on
suspension of promotion programs made by a competent state authority.
7. Remedial measures:
Enforced return of revenue lost from the
administrative violation prescribed in Clauses 6 of this Article.
Chapter 4.
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INFORMATION TECHNOLOGY (IT), PENALTIES AND
REMEDIAL MEASURES
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Article 51. Violations against
regulations on information technology development
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to publish or insufficiently publishing
required information when engaging in production and/or provision of complete
digital content products.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to adopt software valuation methods
promulgated by competent state authorities in course of implementation of IT
application and development projects with funding from state budget;
b) Carrying out transfer of technologies and/or
solutions for developing important IT products with State investment without
obtaining the approval from competent authorities or inconsistently with
regulations.
Article 52. Violations against
regulations on infrastructure serving information technology application and
development
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for re-production, distribution, promotion,
transmission and/or provision of component contents of databases resulting in
obstructing owners in using such databases.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for destroying, blocking and/or deforming
databases, software functions or IT infrastructure of an entity or person.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for delaying, refusing or committing other acts to
shirk enforcing competent state agencies' decisions on mobilization of a part
or the whole of information infrastructure to prioritize IT application in
emergency cases as defined in Clause 1 Article 14 of the Law on Information
Technology.
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Enforced restoration of the initial state which has
been altered due to administrative violations prescribed in Clauses 1 and 2 of
this Article.
Article 53. Violations against
regulations on investment and purchase in IT sector
1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Using state funding and other funding sources to
perform investment, construction and operation, maintenance of IT
infrastructure to serve operation of state authorities in contravention of law;
b) Using the State investment capital and/or
financial supports for construction and use of public information
infrastructure and narrowing digital divide in contravention of law.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for making frauds or forgeries in order to enjoy
investment or financial incentives and other incentives for entities involved
in IT application and development in remote areas, ethnic minority-inhabited
areas, social-economically disadvantaged or extremely disadvantaged regions.
3. Remedial measures:
a) Enforced recovery of improperly spent amount if
any of the violations prescribed in Clause 1 of this Article is committed;
b) Enforced return of received financial supports
if the violation prescribed in Clause 2 of this Article is committed.
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for concealing one's own name or misusing names of
other entities when sending information about IT products/ services on the
network environment.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Providing IT services but failing to implement
or devise measures to prevent children from access to the information network
environment which is harmful to them as regulated by law;
b) Producing or supplying IT services or products
with contents harmful to children without warning signs.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Creating and installing harmful computer viruses
or software programs or harmful scripts in order to commit one of the
violations defined in Article 71 of the Law on Information Technology;
b) Producing or supplying IT products or services
with contents contrary to the nation's ethics, fine traditions and customs.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for spreading harmful computer viruses or software
programs or harmful scripts in order to commit one of the violations defined in
Article 71 of the Law on Information Technology.
5. Additional penalties:
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6. Remedial measures:
a) Enforced destruction of IT products or services
if the violation prescribed in Point b Clause 3 of this Article is committed;
b) Enforced restoration of the initial state which
has been altered due to the act of violation prescribed in Clause 4 of this
Article.
SECTION 2. VIOLATIONS AGAINST
REGULATIONS ON E-TRANSACTIONS
Article 55. Violations against
regulations on eligibility requirements for operation
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to apply for re-issuance of one of the
following documents in case of loss or damage:
a) License to provide public digital signature
authentication services;
b) Certificate of eligibility for guarantee of
special digital signature safety;
c) Certificate of foreign digital signature
authentication service provider or license to use foreign digital certificates
accepted in Vietnam.
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a) Failing to carry out procedures for renewal of
license to provide public digital signature authentication services within the
prescribed time limit;
b) Failing to submit an application for renewal of
license to provide public digital signature authentication services within the
prescribed time limit from the receipt of notification from Ministry of
Information and Communications;
c) Failing to satisfy eligibility requirements for
providing special digital signature authentication services.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Erasure or correction of contents of certificate
of eligibility for guarantee of special digital signature safety;
b) Trading, transferring, renting or borrowing
certificate of eligibility for guarantee of special digital signature safety;
c) Providing false information or documents when
carrying out the operation registration or application for certificate of
eligibility for guarantee of special digital signature safety.
4. A fine ranging from VND 30,000,000 to VND 40,000,000
shall be imposed for any of the following violations:
a) Erasure or correction of contents of license to
provide public digital signature authentication services;
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c) Trading, transferring, renting or borrowing
types of documents mentioned in Points a, b Clause 1 of this Article;
d) Providing false information or documents when
carrying out application for issuance, modification or renewal of license to
provide public digital signature authentication services;
dd) Providing false information or documents when
carrying out application for certificate of foreign digital signature
authentication service provider or license to use foreign digital certificates
accepted in Vietnam;
e) Failing to satisfy personnel requirements when
providing digital signature authentication services;
g) Retaining the duplication of secret key without
written request by the applicant for digital certificate.
5. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for any of the following violations:
a) Providing digital signature authentication
services to the public but failing to obtain a license to provide public
digital signature authentication services issued by Ministry of Information and
Communications or digital certificate issued by the national digital signature
authentication service provider;
b) Providing digital signature authentication
services to the public when processing an expired digital certificate issued by
the national digital signature authentication service provider or an expired
license to provide public digital signature authentication services.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for any of the following violations:
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b) Failing to maintain the satisfaction of
statutory financial requirements in course of provision of public digital
signature authentication services;
c) Failing to sufficiently and accurately retain
and update information of subscribers serving the grant of digital certificates
during the validity of such digital certificates.
7. Additional penalties:
Suspend the license to provide public digital
signature authentication services, certificate of eligibility for guarantee of
special digital signature safety, certificate of foreign digital signature
authentication service provider or license to use foreign digital certificates
accepted in Vietnam for 01 – 03 months if any of the violations prescribed in
Points a, b Clause 3, Points a, b, c, e and g Clause 4, Point b Clause 5 and
Clause 6 of this Article is committed.
Article 56. Violations against
regulations on mandatory technical regulations and standards
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for on special digital signature authentication
service providers for failing to maintain their registered standards.
2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on public digital signature authentication service
providers for failing to maintain their registered standards.
3. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for any of the following violations:
a) Developing technical plans inconsistently with
technical regulations in course of operations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 57. Violations against
regulations on provision of digital signature and digital certificate services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to give instructions or improperly or
insufficiently giving instructions in writing to applicants for digital
certificates before concluding contracts for provision of digital certificates;
b) Failing to extend digital certificates upon
request of subscribers under regulations of law;
c) Failing to maintain the availability of 24/7
information channel to receive requests for revocation or suspension of digital
certificates;
d) Failing to retain digital certificate-related
information for the period of no less than five years from the date on which
such digital certificate is revoked;
dd) A public digital signature authentication
service provider create public key pair for an applicant for digital
certificate without receiving written request from such applicant.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to give notification to the subscriber
in case there are signs denoting that the secret key of such subscriber is
revealed or damaged, or there are other errors that may cause adversely impacts
on rights and benefits of such subscriber;
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c) Failing to give notification to subscribers of
suspension of authentication services for a prescribed period;
d) Failing to give notification to subscriber of
suspension of digital certificate, time of commencement and termination of such
suspension when having reasonable grounds for suspending digital certificate of
such subscriber;
dd) Failing to publish a notice of suspension of
issuing new digital certificates on its website;
e) Refusing to issue new digital certificate
without stating legitimate reasons;
g) The disclosed authentication regulation fails to
comply with the template adopted by Ministry of Information and Communications
or comprises of contents inconsistently with law;
h) Failing to publish the authentication regulation
using the template adopted by Ministry of Information and Communications;
i) Failing to give notification to the subscriber
of revocation of such subscriber’s digital certificate;
k) A special digital signature authentication
service provider fails to carry out the statutory registration of operation
with Ministry of Information and Communications;
l) Failing to formulate the template of standard
form contract for provision of digital certificates;
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n) Failing to give a notification of suspension of
issuance of new digital certificates to the competent state authorities.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Publish the digital certificate granted to a
subscriber on database before obtaining such subscriber’s confirmation of
information included in digital certificate;
b) Failing to publish digital certificates issued,
suspended or revoked, and time of commencement and termination of digital
certificate suspension on the website;
c) Failing to restore the validity of digital
certificate upon the end of suspension period;
d) Failing to sufficiently retain information
concerning suspension or revocation of digital certificates for the period of
no less than five years;
dd) Failing to reach an agreement on transfer of
database on provision of public digital signature authentication services when
having the license to provide public digital signature authentication services
revoked;
e) Failing to report Ministry of Information and
Communications on failure to reach an amicable agreement on transfer of
database on provision of public digital signature authentication services when
having the license to provide public digital signature authentication services
revoked;
g) Changing key pair without request from the
subscriber;
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4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Failing to suspend the digital certificate upon
request of the subscriber or a competent state authority;
b) Failing to revoke the digital certificate upon
request of the subscriber or a competent state authority;
c) Publish false information about digital
certificate on its database;
d) Digital certificate does not contain all of
required contents;
dd) Providing digital certificate inconsistently
with position of subscriber of a state authority as regulated;
e) Failing to allow Internet users to access the
list of existing digital certificates and the list of expired digital
certificates;
g) A public digital signature authentication
service provider fails to comply with decision on suspension or revocation of
its license as regulated by law;
h) Failing to publish the digital certificate
granted to a subscriber on the provider’s database within a prescribed period;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) Failing to suspend the issuance of new digital
certificates upon the detection of errors in the system providing digital
signature authentication services.
5. A fine ranging from VND 40,000,000 to VND 60,000,000
shall be imposed for any of the following violations:
a) A public digital signature authentication
service provider fails to transfer documents and database as regulated;
b) Failing to request Ministry of Information and
Communications to consider change of contents, revoke or issue new license as
regulated when the public digital signature authentication service provider
carries out merger, joint venture, association and similar changes;
c) Developing or providing digital signature
authentication services inconsistently with contents of the license to provide
public digital signature authentication services;
d) Failing to suspend the issuance of new digital
certificates upon request of a competent state authority;
dd) Failing to maintain database system relating
issued digital certificates during the suspension period of issuance of new
digital certificates.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for any of the following violations:
a) Failing to maintain the 24/7 online availability
of the list of existing digital certificates and the list of expired digital
certificates;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The organization that is granted the license to
provide public digital signature authentication services or certificate of
eligibility for guarantee of special digital signature safety by Ministry of
Information and Communications fails to establish systems and equipment in
Vietnam to provide digital signature authentication services;
d) A public digital signature authentication
service provider fails to maintain the 24/7 availability of required
information on its website.
Article 58. Violations against
regulations on use of digital signature and digital certificate services
1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to provide secret keys or necessary
information to legal proceeding agencies or security agencies as regulated.
2. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for any of the following violations:
a) Providing false information in course of
application for issuance or modification of digital certificate;
b) Using digital signature and the corresponding
digital certificate of an agency or organization when failing to hold the
position in corresponding with such digital certificate.
Article 59. Violations against
regulations on use of license to use foreign digital certificates accepted in
Vietnam
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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b) Erasure or correction of the license to use
foreign digital certificates accepted in Vietnam.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for use of a foreign digital certificate accepted
in Vietnam inconsistently with provisions in the license.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Using a foreign digital certificate which is not
licensed to use in Vietnam to conduct transactions with state agencies;
b) Accepting a foreign digital certificate which is
not licensed to use in Vietnam in transactions of state agencies.
4. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for use of a foreign digital certificate which is
accepted in Vietnam with unexpired license but such foreign digital certificate
expired and the user fails to obtain an approval for modification of license
from Ministry of Information and Communications.
5. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for any of the following violations:
a) Providing false information in course of
application for issuance, re-issuance or modification of the license to use
foreign digital certificate accepted in Vietnam;
b) Trading, renting or borrowing the license to use
foreign digital certificate accepted in Vietnam.
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Suspend the license to use foreign digital
certificate accepted in Vietnam for 01 - 03 months if any of the violations
prescribed in Point b Clause 1 and Point b Clause 5 of this Article is
committed.
Article 60. Violations against
regulations on emails and messages providing product/ service-related
information
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Improperly or insufficiently adding labels to
emails/ messages providing product/ service-related information;
b) Failing to store information registered for
receipt, refusal or confirmation of refusal to receive emails/ messages;
c) Sending emails/ messages providing product/
service-related information or sending messages through the Internet network
with management code other than that granted by Ministry of Information and
Communications.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to provide free of charge mechanism for
receiving and handling spam notifications;
b) Failing to adopt measures to prevent loss and
wrong blocking of emails of service users;
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d) Failing to immediately reply to or failing to
comply with statutory requirements for replying to refusal to receive emails/
messages;
dd) Failing to adopt measures to limit the
messaging quantity, speed and frequency, or failing to prevent messages prone
to cause information unsafe or damaged under regulations by Ministry of
Information and Communications;
e) Sending emails/ messages with the aim of
providing product/ service-related information but failing to send copies
thereof to technical system of Ministry of Information and Communications;
g) Hiding email name and address when sending
emails/ messages;
h) Failing to stop sending emails/ messages or
failing to stop supplying SMS gateway services upon the recipient’s request for
refusal to receive emails/ messages;
i) Failing to cooperate with domestic and foreign
messaging service providers in preventing spam;
k) Failing to provide information to serve
anti-spam tasks upon the request of a competent state authority;
l) Failing to prevent spam using forged sender
addresses before sending it to end service users.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
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b) Failure to prevent or recall subscriber numbers
which are used to send spam messages;
c) Failure to implement measures to assess the
status of spam over mobile networks under instructions of Ministry of
Information and Communications.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Providing product/ service-related information
via emails or messages but failing to properly adopt methods for receiving and
handling refusing requests as regulated;
b) Sending or spreading spam messages;
c) Providing prediction of lottery numbers;
d) Creating series of missed calls to entice users
to make calls or send messages to subscriber numbers providing services.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for providing product/ service-related information
via emails or messages or Internet network but failing to set up systems for
receiving and handling refusing requests from recipients.
6. Additional penalties:
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b) Enforced revocation of prefixes/
telecommunications number storage if any of the violations prescribed in Point
h Clause 2, Points b, c Clause 3 and Clause 4 of this Article is committed;
c) Suspend the right to use management code/
identification name for 01 - 03 months if any of the violations prescribed in
Clauses 2 and 4 of this Article is committed.
7. Remedial measures:
Enforced transfer of illegal benefits obtained from
the violations prescribed in Point a Clause 2 and Point d Clause 4 of this
Article to state budget.
Article 61. Violations against
regulations on provision of email, messaging and SMS gateway services
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to use the “.vn” Vietnam country-code
domain name when providing email or messaging services to provide product/
service-related information, or Internet-based messaging services or SMS
gateway services;
b) Failure to sufficiently and clearly provide
service-related information on the website before providing such services to
users, consisting of: name of service, corresponding order code, description of
service, using method, corresponding service charge, instructions for service
termination, telephone number of customer care service and commitments to use
service.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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b) Providing Internet-based messaging services or
SMS gateway services before obtaining a management code;
c) Using identification name before obtaining the
certificate of identification name;
d) Providing information about SMS gateway
services, award-winning messaging, rating programs or donation or contribution
programs by messaging on printed newspapers, talking newspapers, photo
newspapers, online newspapers, websites, Internet, messages, emails but failing
to provide or providing insufficient information about prices, rates and
methods of suspending services, or failing to do voice-over about prices, rates
and methods of suspending services;
dd) Providing information about SMS gateway
services, award-winning messaging, rating programs or donation or contribution
programs by messaging on printed newspapers, talking newspapers, photo
newspapers, online newspapers, websites, Internet, messages, emails but
information about prices/ rates are not matched with order codes, are far from
order codes or have a size smaller than 2/3 of order code's size;
e) Failing to provide information about service
charges before calculating service charges when the user makes call to the
telephone exchange to order provision of SMS gateway services;
g) Collecting service charges of error messages,
unreplied messages or messages with replied contents different from order codes
announced by the enterprise; or mobile terminated messages do not show that
mobile originated messages are incorrect or have error;
h) Failing to instruct subscribers to send spam
messages and feedbacks about received spam messages;
i) Failing to store or insufficiently storing data
as regulated.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
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b) Providing Internet-based messaging services but
servers used to send messages are not located in Vietnam;
c) Providing service/ product related information
via messages without using the messaging numbers granted as regulated;
d) Failing to provide tools with functions to
receive spam messages or register for receipt or refusal to receive message as
regulated by Ministry of Information and Communications;
dd) Failing to develop spam prevention systems
capable of preventing spam messages according to sending sources or key words
shown in messages;
e) Failing to provide message sending and receiving
services or message sending and receiving services with identification names to
service providers holding management codes;
g) Failing to allow enterprises that are issued with
management codes to connect with technical systems for supplying services;
h) Providing tools, websites and software to attach
script to video, images, software, or games for automatically messaging or
making calls to prefixes.
4. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed on SMS gateway service providers for cooperating
with other entities or individuals but failing to implement preventive measures
resulting in:
a) Providing information concerning SMS gateway services
on websites with obscene, debauchery, gambling, superstition, social evils, or
offence against public decency-related contents;
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5. Additional penalties:
a) Suspend provision of services for 01- 03 months
if any of the violations prescribed in Points e and g Clause 2, Points g and h
Clause 3, and Clause 4 of this Article is committed;
b) Suspend the right to use management code/
identification name for 01 - 03 months if any of the violations prescribed in
Points d, e, g and I Clauses 2, Clauses 3 and 4 of this Article is committed.
6. Remedial measures:
a) Enforced transfer to state budget or
confiscation of illegal benefits obtained from the violations prescribed in
Point g Clause 2, Point h Clause 3 and Point b Clause 4 of this Article;
b) Enforced revocation of prefixes/
telecommunications number storage if any of the violations prescribed in Point
e Clause 2, Point h Clause 3 and Clause 4 of this Article is committed.
Article 62. Violations against
regulations on collection of service charges
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Collecting charges from recipients when
performing requests for refusal to receive messages, use or register to use
services or cancel SMS gateway services;
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2. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for any of the following violations:
a) Failing to send requests for refund of service
charges to the telecommunications enterprise with respect of services which are
free of charges as regulated by law;
b) Failing to refund service charges according to
request of SMS gateway service provider or failing to give notification to
users of refund of service charges;
c) Failing to provide information about service
charges at items with function to deduct charges of applications, games or
websites;
d) Providing applications, games or websites with
charge collection but failing to provide functions to allow users confirming or
refusing to use services with corresponding charges;
dd) Failing to give notification to users of
deduction of charges of applications, games or websites with periodic deduction
of charges;
e) Selling articles or exchanging actual money for virtual
coins which are used in applications and games but failing to give notification
of service charges or allow users to confirm or refuse to buy articles or
exchange money with corresponding charges.
3. Additional penalties:
Suspend the provision of services for 01 - 03
months if any of the violations prescribed in points c, d, dd and e Clause 2 of
this Article is committed.
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a) Enforced refund or confiscation of illegal
benefits obtained from the violations prescribed in Clause 1 and Clause 2 of
this Article;
b) Enforced revocation of prefixes/
telecommunications number storage if any of the violations prescribed in Points
c, d, dd and e Clause 2 of this Article is committed.
SECTION 3. VIOLATIONS AGAINST
REGULATIONS ON CYBERINFORMATION
Article 63. Violations against
regulations on license to establish news websites and social networks
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to apply for re-issuance of license to
establish news website or social network when it is lost or damaged.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for establishing a news website without obtaining
the license or with an expired license.
3. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for establishing a social network without obtaining the
license or with an expired license.
4. Additional penalties:
Confiscate the exhibits and instrumentalities of administrative
violations prescribed in Clause 2 and Clause 3 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to comply with provisions of the license
to establish news websites;
b) Providing paths/links to the website with
contents in violation of laws;
c) Failing to establish procedure for public
information management;
d) Failing to retain news for a period of at least
90 days from the date on which such news are post on the news website;
dd) Violating one of the regulations on
cyberinformation management with respect of license-exempt websites.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to publish news on the website according
to the licensed contents; failing to provide verbatim or accurate sources of
news as regulated by law;
b) Disclosing privacy or confidentiality of
entities or individuals without obtaining their consent, except for cases
prescribed by law;
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d) Meticulously describing lewd acts, horrible
killings or accidents in news, articles, films or images;
dd) Providing information about superstition or
information which does not match the habits and customs of Vietnam.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Providing false information, distorting,
slandering or hurting the prestige of organizations, agencies, honor and
dignity of individuals;
b) Providing information which does not match the
national interests;
c) Posting or releasing the Vietnam map which fails
to duly indicate or improperly indicates the national sovereignty;
d) Posting or releasing works which are banned from
circulation or confiscated;
dd) Forging the websites of other entities or
individuals;
e) Failing to establish server system in Vietnam to
serve the inspection, retention and provision of information upon request of a
competent state authority or resolution of complaints made by clients against
provided services in accordance with regulations of Ministry of Information and
Communications.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Propagating information against the Socialist
Republic of Vietnam; sabotaging the bloc of great national unity at a degree of
severity which is still not liable to criminal prosecutions;
b) Propagating information with the aims of
inciting war of aggression, causing hatred between ethnic groups or people of
countries, inciting violence or propagating reactionary thought at a degree of
severity which is still not liable to criminal prosecutions;
c) Distorting history, denying the
revolutionary achievements or offending the nation, people or national heroes
at a degree of severity which is still not liable to criminal prosecutions.
5. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 3 and Clause 4 of this Article;
b) Suspend the license for 01 - 03 months if any of
the violations prescribed in Clause 3 and Clause 4 of this Article is
committed.
Article 65. Violations against
regulations on responsibility of social networking service providers
1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for using personal information of service users without
obtaining their consent.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Deliberately providing paths/links to websites
with contents in violation of laws;
c) Failing to adopt measures to protect the privacy
or personal information of service users;
d) Failing to give notification to service users of
their rights, responsibility and risks when exchanging or sharing information
on the network;
dd) Failing to respect for the users’ decision to
allow or refuse to allow the organization or enterprise establishing the social
network to use their personal information;
e) Failing to comply with provisions of the license
to establish social network.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to provide particulars or personal
information of service users who get involved in terror acts, crimes or other
violations against law upon the request of a competent state authority;
b) Disclosing privacy or confidentiality of
entities or individuals without obtaining their consent, except for cases
prescribed by law;
c) Deliberately using images of Vietnam map but
failing to indicate or improperly indicating the national sovereignty;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Deliberately providing information about
superstition;
e) Failing to establish server system in Vietnam to
serve the inspection, retention and provision of information upon request of a
competent state authority or resolution of complaints made by clients against
provided services in accordance with regulations of Ministry of Information and
Communications.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Deliberately providing false information in
order to distort, slander or hurt the prestige of organizations, agencies,
honor and dignity of individuals;
b) Deliberately providing information which does
not match the national interests;
c) Deliberately posting or releasing the Vietnam
map which fails to duly indicate or improperly indicates the national
sovereignty;
d) Deliberately posting or releasing works which
are banned from circulation or confiscated;
dd) Failing to prevent and remove information in
violation of law upon the request of a competent state authority.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Propagating information with the aims of
inciting war of aggression, causing hatred between ethnic groups or people of
countries, inciting violence or propagating reactionary thought which is still
not liable to criminal prosecutions;
c) Distorting history, denying the
revolutionary achievements or offending the nation, people or national heroes
at a degree of severity which is still not liable to criminal prosecutions.
6. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 4 and Clause 5 of this Article;
b) Suspend the license for 01 - 03 months if any of
the violations prescribed in Clause 4 and Clause 5 of this Article is
committed.
Article 66. Violations against
regulations on information retention, leasing, transmission, provision, access,
collection, processing, exchange and utilization
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for retention of users’ personal information which
is collected from the network environment for a period exceeding the retention
period prescribed by law or agreed upon by two parties.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to stop leasing information storage
space in case information is stored in violation of law upon detection by the
lessor of information storage space or notice granted by a competent state
authority;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to review and correct or remove personal
information stored on the network environment in course of information
collection, processing and utilization upon request of the owner of such
information;
d) Providing or using personal information which is
not yet corrected upon request for information correction of the owner of such
information;
dd) Providing or using personal information when
the owner of such information has sent request for removal of such information;
e) Failing to retain digital information recording
activities on the network environment as regulated by a competent state
authority.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Illegally accessing database or network system;
b) Failing to adopt necessary measures to prevent
illegal access to information or to remove information in violation of law upon
the request of a competent state authority in course of transmission or leasing
of space for storing digital information;
c) Failing to comply with the request of a
competent state authority for determination of the list of owners who lease
space for storage of digital information;
d) Failing to ensure security of information of
lessees of space for storage of digital information;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Collecting, processing and using information of
other entities or individuals without obtaining their consent or for illegal
purposes;
g) Providing, exchanging, transmitting or storing
and using digital information to threaten, disturb, distort, slander or hurt
the prestige of other entities, or the honor, prestige and dignity of other
individuals;
h) Providing, exchanging, transmitting or storing
and using digital information for advertising or promotion of banned products
and services;
i) Illegally obstructing the lawful transmission,
access or search for information or data on the network environment;
k) Failing to restore information or access to
lawful sources of information upon the request of the owner of such
information;
l) Failing to monitor or supervise digital
information of an entity or individual upon the request of a competent state
authority;
m) Failing to cooperate in investigation of
violations against the law in course of transmission or storage of digital
information of entities or individuals upon the request of a competent state
authority.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Revealing information about business secret on
the network environment or illegally revealing private information of users of
telecommunications services;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Illegally trading or exchanging private
information of users of telecommunications services;
b) Forging email names or addresses of other
entities or individuals when sending emails/ messages.
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for providing, exchanging, transmitting or storing
and using digital information to disseminate wrong facts about the sovereignty
of Vietnam.
7. Additional penalties:
a) Suspend the provision of SMS gateway services for
01 - 03 months if the violation prescribed in point b Clause 4 of this Article
is committed;
b) Confiscate the exhibits and instrumentalities of
the administrative violation prescribed in Point a Clause 4 of this Article.
8. Remedial measures:
a) Enforced refund or collection of illegal
benefits obtained from the violation prescribed in Point b Clause 4 of this
Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 67. Violations against
regulations on license, registration certificate, decision to approve
electronic game contents
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to apply for re-issuance of one of the
following documents in case of loss or damage:
a) License to provide electronic gaming services;
b) Decision to approve electronic game
contents/scripts.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for correction or erasure of contents of or
provision of false information in the application for one of the following
documents:
a) License to provide electronic gaming services;
b) Decision to approve electronic game
contents/scripts;
c) Certificate of registration of provision of
electronic gaming services;
d) Certificate of completion of procedures for
notification of provision of electronic gaming services.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Establishing equipment systems to provide G2 or
G3 or G4 electronic games but failing to obtain a certificate of registration
of provision of electronic gaming services or using un expired one;
b) Providing G1 games but failing to obtain a
decision to approve electronic game contents/scripts.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for establishing equipment systems to provide G1
electronic games but failing to obtain a license as required or using an
expired one.
6. Additional penalties:
Enforced revocation of license, certificate of
registration of provision of electronic gaming services if any of the
violations prescribed in Clause 2 of this Article is committed.
Article 68. Violations against
regulations on provision of electronic gaming services
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to provide sufficient information as
regulated on the website on which electronic gaming services are available;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to provide information about licensed
games or classify electronic games based on age groups; failing to give warning
about negative effects on players in advertising programs or in each game;
b) Failing to ensure rights and interests of
players in accordance with electronic gaming rules or failing to resolve relevant
disputes;
c) Failing to give notification on the enterprise’s
website or failing to send a written report to the competent state authority
before suspending electronic gaming services;
d) Failing to ensure or failing to adopt measures to
ensure rights and interests of users when suspending electronic gaming
services;
dd) Providing G2, G3, G4 electronic games
inconsistently with certificate of completion of procedures for notification of
provision of electronic gaming services;
e) Advertising G2, G3, G4 electronic games without
obtaining the certificate of completion of procedures for notification of
provision of electronic gaming services.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for provision of G1 electronic game whose script
contains images or sounds causing horror or frightful feeling, inciting
violence or lust; stirring or exciting obscene, debauchery or immorality
inconsistently with traditions, culture, customs and habits of Vietnam;
distorting traditions and history; distorting, slandering or hurting the
prestige of an entity or the honor and dignity of an individual; meticulously
describing acts of suicide, use of drug, drinking, smoking or terror acts;
child abuse, child trafficking, gambling and other harmful or prohibited acts.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Acting as an agent providing electronic gaming
services for a foreign entity or enterprise that is not yet licensed to run
business in Vietnam.
5. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Providing G1 electronic games but failing to
satisfy requirements for technical operations as regulated by a competent state
authority;
b) Advertising G1 games without obtaining the
decision to approve electronic game contents/scripts;
c) Failing to implement or improperly implementing
technical and operational measures for registration of players' personal
information when providing G1 games.
6. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Exchanging virtual articles or reward points
into cash or other objects under any form;
b) Correcting information or data resulting in
change of value of virtual articles owned in an electronic game;
c) Failing to adopt measures or solutions for
limiting G1 game playing time of children or players aged under 18 as regulated
by law;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for providing G1 electronic game whose script is
against the Government of the Socialist Republic of Vietnam; harms the national
security or sabotages the bloc of great national unity; disseminates
information with the aims of inciting war of aggression or terrorism; causes
hatred or conflicts between ethnic groups or religions; reveals the state
secrets; offends the nation, famous man or national heroes.
8. Penalties for violations against regulations on
social network herein shall be also imposed on violations against regulations
on establishment of Internet forums or talks between players.
9. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
the administrative violations prescribed in Clause 7 of this Article;
b) Suspend operation for 01 – 03 months if any of
the violations prescribed in Point b Clause 4 and Clause 7 of this Article is
committed;
c) Suspend the validity of decision to approve game
contents/scripts for 01 - 03 months if any of the violations prescribed in
Points a, b and d Clause 6 of this Article is committed.
Article 69. Violations against
regulations on points of public electronic gaming services
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for posting the internal regulations on use of
public electronic gaming services inconsistently with regulations.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
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b) Failing to specify all of required information
in the signboard.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Establishing points of public electronic gaming services
without obtaining the certificate of eligibility to provide public electronic
gaming services;
b) Establishing points of public electronic gaming
services but failing to conclude the contract for Internet service agency or
failing to obtain the Internet service provider's certification as its points
of public Internet access services;
c) Establishing points of public electronic gaming
services but failing to satisfy eligibility requirements for provision of
public electronic gaming services;
d) Failing to comply or improperly complying with
regulations on information safety and security;
dd) Providing false information to obtain the
certificate of eligibility to provide public electronic gaming services;
e) Failing to post internal regulations on use of
public electronic gaming services;
g) Providing services out of the prescribed period
of time that is from 8:00 AM to 22:00 PM every day;
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4. Additional penalties:
Suspend operation for 01 – 03 months if any of the
violations prescribed in Points b, d, e, g and h Clause 3 of this Article is
committed.
Article 70. Violations against
regulations on players
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Providing inaccurate personal information when
playing G1 games;
b) Failing to comply with regulations on playing
time management at points of public electronic gaming services.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for misuse of electronic games to perform acts in
violation of law or disturb public order and security or national security.
SECTION 4. VIOLATIONS AGAINST
REGULATIONS ON CYBERINFORMATION SECURITY
Article 71. Violations against
regulations on cyberinformation security and incident response
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a) Failure to give instructions to Internet users
or Internet subscribers to give incident notification and adopt measures to
ensure cyberinformation security and safety;
b) Failure to publish or update recipient addresses
of incident notifications.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to deal with incidents upon the receipt
of incident notification or detection of incidents;
b) Failure to give response to an incident
notification.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to provide or providing insufficient
information concerning security incidents upon the request of a competent state
authority;
b) Failure to comply with regulations on
information storage and report on incident response;
c) Failure to adopt measures and/or technological
solutions for information security and malware scanning; failure to promulgate
and implement internal regulations on information security and safety;
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dd) Failure to cooperate with domestic and
international entities or enterprises in incident response as regulated.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Failure to appoint an entity to participate in
the Vietnam Computer Emergency Response Team or such appointed entity fails to
comply with applicable regulations;
b) Failure to comply or improperly complying with
coordination orders for incident response of a competent state authority;
c) Failure to arrange connection ports or other
necessary technical conditions to serve the tasks of ensuring information
safety and security upon request of Ministry of Information and Communications
and/or Ministry of Public Security.
Article 72. Violations against
regulations on safety and security of e-transactions with use of digital
signature or digital certificate
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Illegally preventing the use of digital
certificate;
b) Illegally storing secret keys of other entities;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to guarantee the information security in
course of creating or transferring digital certificates to subscribers.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Stealing, cheating, falsely assuming or
appropriating secret keys of other entities;
b) Illegally duplicating, revealing or providing
secret keys of subscribers;
c) Failing to guard the secret of entire process
for creating key pairs;
d) Using equipment which fails to satisfy mandatory
technical regulations and standards to create key pairs;
dd) Adopting unsecured methods to transferring
secret keys to applicants for digital certificate;
e) Creating key pairs in contravention of law;
g) Failing to secretly retain information and key
pair of subscriber during the suspension of digital certificate of such
subscriber;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Using computer software and/or technical
equipment to illegally access the system or database of a specific digital
signature authentication service provider;
b) Illegally revealing or providing secret keys of
a special digital signature authentication service provider;
c) Illegally using secret keys of other entities;
d) Forging or instructing other entities to forge
digital certificates;
dd) Failing to satisfy information security
requirements when creating digital signatures;
e) Using technical equipment and systems incapable
of detecting and warning of illegal access and cyberattack types;
g) Using the key distribution system which fails to
ensure the integrity and security of key pairs;
h) Failing to adopt methods for controlling the
entry into head office or location where the equipment or system serving the
provision of digital signature authentication services is located;
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k) Illegally using secret keys of a special digital
signature authentication service provider;
l) Stealing secret keys of a special digital signature
authentication service provider;
m) Committing other violations against regulations
on information security and safety.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Illegally obstructing operation of a digital
signature authentication service provider;
b) Illegally using secret keys of a public digital
signature authentication service provider;
c) Illegally revealing or providing secret keys of
a public digital signature authentication service provider;
d) Stealing secret keys of a public digital
signature authentication service provider.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
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b) Stealing secret keys of the national digital
signature authentication service provider;
c) Illegally revealing or providing secret keys of
the national digital signature authentication service provider;
d) Illegally using secret keys of the national
digital signature authentication service provider;
dd) Failing to obey or improperly executing the
orders of competent state authorities as regulated by law in case of emergency
or ensuring national security.
Article 73. Violations against
regulations on illegal provision or use of information in cyberspace
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Stealing, appropriating, trading, exchanging,
donating, repairing or revealing passwords or access codes to computer or
computer programs of another entity;
b) Stealing, appropriating, trading, exchanging,
using or revealing accounts, passwords or access rights to value-added tax
services or applications in cyberspace.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Illegally accessing the network or digital
equipment of other entities to appropriate control rights, intervene in
functions of such digital equipment, steal, change, sabotage, forge data or
illegally use related services.
3. Additional penalties:
Expel foreigners who commit any of the violations
prescribed in Clause 1 and Clause 2 of this Article from Vietnam.
Article 74. Violations against
regulations on appropriation of property using computer network
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Stealing or illegally using information
concerning bank accounts or bank cards of other entities to appropriate or
cause damage to their property;
b) Committing frauds via online communication on
the Internet network or telecommunications network to appropriate property of
other entities or individuals.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Illegally accessing accounts of other entities
or individuals to appropriate their property;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for committing frauds in e-commerce, currency
trading, capital mobilization, trading and settlement of stocks in cyberspace
for the purpose of appropriating property of other entities or individuals.
4. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 2 and Clause 3 of this Article;
b) Expel foreigners who commit the violation
prescribed in Point b Clause 2 of this Article from Vietnam.
5. Remedial measures:
Enforced transfer of illegal benefits obtained from
administrative violations prescribed in Clauses 1, 2 and 3 this Article.
Article 75. Violations against
regulations on technical standards and regulations on information security
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to make declaration of conformity of a
specific information system with technical standards and/ or regulations on
information security within the prescribed time limit.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to make declaration of conformity of a
specific information system with technical standards and/ or regulations on
information security as regulated by law.
Chapter 5.
ADMINISTRATIVE
VIOLATIONS IN RADIO FREQUENCY SECTOR, PENALTIES AND REMEDIAL MEASURES
SECTION 1. VIOLATIONS AGAINST
REGULATIONS ON LICENSE AND USE OF RADIO FREQUENCY
Article 76. Violations against
regulations on license
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for failure to notify and apply for re-issuance of
one of the following types of licenses after 15 days from the date on which the
name of the licensee is changed or the license is damaged:
a) License to use radio frequency and devices for
amateur radio stations;
b) License to use radio frequency and devices for
radio station located on a fishing boat;
c) License to use radio frequency and devices for
radio station communicating with a fishing boat;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) License to use radio frequency and devices for
radio devices used to introduce new technologies at exhibitions or fairs.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failure to notify and apply for re-issuance of
one of the following types of licenses after 15 days from the date on which the
name of the licensee is changed or the license is damaged:
a) License to use radio frequency and devices for
internal radio communication network;
b) License to use radio frequency and devices for
private telecommunications networks using frequencies dedicated for mobile
operations.
3. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failure to notify and apply for re-issuance of
one of the following types of licenses after 15 days from the date on which the
name of the licensee is changed or the license is damaged:
a) License to use radio frequency and devices for
microwave transmission lines;
b) License to use radio frequency and devices for
broadcasting devices;
c) License to use radio frequency and devices for
ship stations;
d) License to use radio frequency and devices for
satellite earth stations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to notify and apply for re-issuance of
one of the following types of licenses after 15 days from the date on which the
name of the licensee is changed or the license is damaged:
a) License to use frequency bands;
b) License to use satellite frequencies and orbits.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for correction or erasure of licensed contents or
provision of false information in the application for issuance or renewal or
modification of one of the licenses mentioned in Clauses 1, 2, 3 and 4 of this
Article.
Article 77. Violations against
regulations on use of radio frequencies and devices
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Installing antennas of radio transmitters or
installing radio transmitters at locations other than the licensed ones
specified in the license to use radio frequency and devices within a province
or central-affiliated city;
b) Failing to comply with provisions of the license
on call signs or identification signs, operating time, antenna specifications,
transmitting methods, standard system, purposes of use and communicating
objects;
c) Transmitting in excess of the capacity laid down
in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of 150W
or under in accordance with prevailing laws.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Installing antennas of radio transmitters at
wrong locations or installing radio transmitters at locations other than the
ones specified in the license to use radio frequency and devices outside a
province or central-affiliated city;
b) Using the license for operations other than
those specified in the license;
c) Using radio frequencies or radio transmitters
with capacity of 150W or under without obtaining the license;
d) Using radio frequencies or radio transmitters
with capacity of 150W or under when a decision on suspension or termination of
operation made by a competent state authority is effective;
dd) Transmitting in excess of the capacity laid
down in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of
exceeding 150 W but not exceeding 1 kW in accordance with prevailing law of
Vietnam;
e) Using frequencies other than those specified in
the license to use radio frequencies and radio transmitters for radio
transmitters with capacity of 150 W or under.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 per device shall be imposed for any of the following violations:
a) Using radio frequencies or radio transmitters
with capacity of exceeding 150 W but not exceeding 500 W without obtaining the
license;
b) Transmitting in excess of the capacity laid down
in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of
exceeding 1 W but not exceeding 5 kW in accordance with prevailing law of
Vietnam;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Using radio frequencies and transmitters for
devices with capacity of exceeding 150 W but not exceeding 500 W.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 per device shall be imposed for any of the following violations:
a) Using radio frequencies or radio transmitters
with capacity of exceeding 500 W but not exceeding 1 kW without obtaining the
license;
b) Transmitting in excess of the capacity laid down
in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of
exceeding 5 kW but not exceeding 10 kW in accordance with prevailing law of
Vietnam;
c) Using radio frequencies or radio transmitters
with capacity of exceeding 500 W but not exceeding 1 kW when a decision on
suspension or termination of operation made by a competent state authority is
effective;
d) Using frequencies other than those specified in
the license to use radio frequencies and radio transmitters for devices with
capacity of exceeding 500 W but not exceeding 1 kW.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 per device shall be imposed for any of the following violations:
a) Using radio frequencies and devices with
capacity of exceeding 1 kW but not exceeding 5 kW without obtaining the
license;
b) Transmitting in excess of the capacity laid down
in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of
exceeding 10 kW but not exceeding 20 kW in accordance with prevailing law of
Vietnam;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Using frequencies other than those specified in
the license to use radio frequencies and radio transmitters for devices with
capacity of exceeding 1 kW but not exceeding 5 kW.
6. A fine ranging from VND 30,000,000 to VND
50,000,000 per device shall be imposed for any of the following violations:
a) Using radio frequencies or radio transmitters
with capacity of exceeding 5 kW but not exceeding 10 kW without obtaining the
license;
b) Transmitting in excess of the capacity laid down
in the license to use radio frequency and radio transmitters or failing to
comply with other technical regulations on radio transmitters with capacity of
exceeding 20 kW in accordance with prevailing law of Vietnam;
c) Using radio frequencies or radio transmitters
with capacity of exceeding 5 kW when a decision on suspension or termination of
operation made by a competent state authority is effective;
d) Using frequencies other than those specified in
the license to use radio frequencies and radio transmitters for devices with
capacity of exceeding 5 kW.
7. A fine ranging from VND 50,000,000 to VND
70,000,000 per device shall be imposed for using satellite earth stations
inconsistently with provisions in the license.
8. A fine ranging from VND 70,000,000 to VND
100,000,000 per device shall be imposed for any of the following violations:
a) Using satellite frequencies and orbits
inconsistently with provisions in the license;
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c) Using frequencies outside the licensed frequency
band;
d) Having a maximum out-of-band radiation in excess
of the licensed level as specified in the license to use frequency band;
dd) Having a maximum radiation level out of the
frequency coverage in excess of the licensed level as specified in the license
to use frequency band;
e) Misusing or using radio frequencies exclusively
used for emergency, secure search and salvage, national defense and security
purposes in contravention of regulations;
g) Using satellite earth stations without obtaining
the license to use radio frequency and devices.
9. A fine ranging from VND 100,000,000 to VND
140,000,000 shall be imposed for using satellite frequencies and/or orbits
without obtaining a license as regulated by law.
10. A fine ranging from VND 140,000,000 to VND
170,000,000 per device for using radio frequencies and devices with capacity of
exceeding 10 kW without obtaining the license as regulated.
11. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for using frequency bands without obtaining a
license as regulate.
12. Additional penalties:
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b) Confiscate exhibits and instrumentalities of
administrative violations mentioned in Point c Clause 2, Point a Clause 3,
Point a Clause 4, Point a Clause 5, Point a Clause 6, Clause 7, Clause 9,
Clause 10 or Clause 11 of this Article.
13. Remedial measures:
Enforced payment of fees for using radio
frequencies for the period in which such radio frequencies are used without
license if any of the violations prescribed in Point c Clause 2, Point a Clause
3, Point a Clause 4, Point a Clause 5, Point a Clause 6, and Clauses 9, 10 and
11 of this Article is committed.
Article 78. Violations against
regulations on auction of rights to use radio frequencies
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to make full payment of final bid price
according to the method, time and location stipulated in the bidding documents.
2. A fine ranging from VND 170,000,000 to VND 200,000,000
shall be imposed for any of the following violations:
a) Failing to perform committed contents after
winning at the auction of rights to use radio frequencies;
b) Entering into collusion between bidders or
between enterprises attending the auction of rights to use radio frequencies;
c) Providing inaccurate information to be eligible
for attending the auction of rights to use radio frequencies.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Suspend the license to use radio frequencies for 01
- 03 months if any of the violations prescribed in Points a and b Clause 2 of
this Article is committed.
Article 79. Violations against
regulations on selection of qualified entities to grant rights to use radio
frequencies
1. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for any of the following violations:
a) Entering into collusion with other individuals
or enterprises applying for selection of qualified entities to grant rights to
use radio frequencies;
b) Failing to perform committed contents after being
successful at the selection with the telecommunications license or the license
to use radio frequencies granted;
c) Providing inaccurate information to be eligible
for attending the selection of qualified entities to grant rights to use radio
frequencies.
2. Additional penalties:
Suspend the telecommunications license or the
license to use radio frequencies for 01 - 03 months if the violation prescribed
in Point b Clause 1 of this Article is committed.
3. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 80. Violations against
regulations on transfer of rights to use radio frequencies
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for transferring or receiving transfer of rights to
use radio frequencies without conducting auction.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Transferring rights to use radio frequencies via
auction without obtaining a written approval from Ministry of Information and
Communications;
b) Transferring rights to use radio frequencies via
auction when using such radio frequencies for a period of not enough three
years from the issued date of license to use radio frequencies.
3. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for providing false information in transfer
documents or forging transfer documents to transfer or receive transfer of
rights to use radio frequencies.
4. Additional penalties:
Suspend the license to use radio frequencies for 01
- 03 months if any of the violations prescribed in Clauses 1, 2 and 3 of this
Article is committed.
5. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 81. Violations against
regulations on lease or lending of radio devices
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for failure to specify one of the following
contents in the contract for lease or lending of radio devices:
a) Name, address, telephone number or other method
of communication of the lessee/ borrower;
b) Number of the license to use radio frequencies
and radio devices;
c) Licensed frequencies;
d) Communication time;
dd) Duration of lease or lending of radio devices;
e) Date of transferring radio devices.
2. A fine ranging from VND 2,000,000 to VND 5,000,000
shall be imposed for any of the following violations:
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b) Failure to prepare documents relating to the
lease or lending of radio devices;
c) Failure to store certified copy of ID Card or
unexpired Passport of the lessee/ borrower; or certified copy of establishment
decision or certificate of business registration or investment certificate of
the lessee/ borrower, or certified copy of radio operator certificate of the
lessee/ borrower, or the contract for lease or lending of radio devices;
d) Failure to send the leasing or lending documents
to Ministry of Information and Communications as regulated or transferring
radio devices to the lessee/ borrower within 05 days after sending the leasing
or lending documents.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Providing false information to obtaining
approval for the lease or lending of radio devices;
b) Leasing or lending radio devices to entities
other than those prescribed in Clause 1 Article 19 of the Law on Radio
Frequency.
4. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for any of the following violations:
a) Failing to finalize the contract for lease or
lending of radio devices when the lessee/ borrower has no demand for using such
radio devices or in cases where the lessor/ lender or the lessee/ borrower
commits violation and must be liable for the revocation of license or
suspension of operation as a penalty imposed for such violation;
b) Failing to cancel the contract for lease or
lending of radio devices within 07 working days from the receipt of request for
contract cancellation from a competent state authority;
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Article 82. Violations against
regulations on radio frequency sharing
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Making conversations which do not serve public
duties, proper entities and purposes specified in the license;
b) Making calls when radio frequency channels are
busy, unless such calls are related to emergency or human life safety;
c) Using wrong call signs or identification signs,
or failing to use call signs or identification signs under provisions of the
license to use radio frequencies and devices;
d) Making a continuous communication with a
duration of exceeding five minutes;
dd) Failing to use call signs to start or finish a
call.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Using reserve frequencies in cases where main
assigned frequencies are not brooked with interference or used by other
organizations or individuals;
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3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to use the codes issued by Ministry of
Information and Communications when using encoded signals.
Article 83. Violations against
regulations on provision and use of license-exempt radio devices
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for using radio devices in the List of
license-exempt radio devices but failing to comply with technical and
operational requirements accompanied with such license-exempt radio devices.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for manufacturing or importing or selling radio
devices in the List of license-exempt radio devices but failing to make
declaration of conformity of such devices with technical and operational
requirements accompanied thereof.
3. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for manufacturing or importing radio devices in the
List of license-exempt radio devices but failing to comply with regulations on
certification and declaration of conformity.
Article 84. Violations against
regulations on radio operator certificate
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Failing to possess a radio operator certificate
as regulated when conducting operations of radio devices required to have a
radio operator certificate;
b) Providing inaccurate information in the
application for radio operator certificate.
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a) Assigning persons who fail to possess radio
operator certificate as regulated or persons who hold inappropriate radio
operator certificate to conduct operations of radio devices required to have
radio operator certificate;
b) Forging, erasing or correcting radio operator
certificates to conduct operations of radio devices required to have radio
operator certificate.
3. Remedial measures:
Enforced destruction of radio operator certificates
if the violation prescribed in Point b Clause 2 of this Article is committed.
Article 85. Violations against
regulations on use of radio frequencies and devices for emergencies
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for using unlicensed radio frequencies and devices
to make emergency calls but failing to submit report thereof to the regulatory
authority after 15 days upon the completion of such emergency events.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for sending distress signals while facilities or
humans are still in safety state but failing to implement remedial measures
afterwards.
Article 86. Violations against
regulations on radio frequency planning
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing for use or sales
radio devices and/or radio-wave appliances which are not conformable with
Vietnam's radio frequency planning.
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Enforced recall, recycling or re-export of radio
devices if the violation prescribed in b Clause 1 of this Article is committed.
SECTION 2. VIOLATIONS AGAINST
REGULATIONS ON QUALITY OF RADIO EMISSIONS, RADIO FREQUENCY RADIATION SAFETY AND
ELECTROMAGNETIC COMPATIBILITY
Article 87. Violations against
regulations on quality of radio emissions
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for selling radio devices in the List of radio
devices capable of causing harmful interference but failing to make declaration
of conformity or affix conformity marking.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing radio devices in the
List of radio devices capable of causing harmful interference but failing to
make one of the following procedures before selling them on the market:
a) Certification of conformity;
b) Declaration of conformity;
c) Using conformity marking.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for manufacturing or importing radio devices in the
List of radio devices capable of causing harmful interference but the quality
of such devices is not conformable with corresponding technical regulations as
certified.
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Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 1 and Clause 2 of this Article.
5. Remedial measures:
Enforced recall of radio devices sold on the market,
enforced change of purposes of use, or enforced recycling or re-export of
imported radio devices if the violation mentioned in Clause 3 of this Article
is committed.
Article 88. Violations against
regulations on radio frequency radiation safety
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Selling devices in the List of radio devices and
radio-wave appliances capable of adversely influencing radio frequency
radiation safety but failing to conduct certification of conformity or make
declaration of conformity or affix conformity marking as regulated;
b) Using radio stations, radio devices and/or
radio-wave appliances but failing to comply with regulations on radio frequency
radiation safety.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for manufacturing or importing devices in the List
of radio devices and radio-wave appliances capable of adversely influencing
radio frequency radiation safety but failing to make one of the following
procedures before using or selling them on the market:
a) Certification of conformity;
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c) Using conformity marking.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for putting radio stations which are in the List of
radio stations subject to mandatory inspection of radio frequency radiation
into operation but failing to conduct inspection as regulated.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for manufacturing or importing radio devices in the
List of radio devices and radio-wave appliances capable of adversely
influencing radio frequency radiation safety but the quality of such devices/
appliances is not conformable with corresponding technical regulations as
certified.
5. Remedial measures:
Enforced recall of radio devices sold on the
market, enforced change of purposes of use, or enforced recycling or re-export
of imported radio devices if any of the violations mentioned in Clauses 1, 2, 3
and 4 of this Article is committed.
Article 89. Violations against
regulations on electromagnetic compatibility management
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Selling electrical and/or electronic devices
which may emit radio frequency radiation and are included in the List of
devices capable of adversely influencing radio frequency radiation safety due
to electromagnetic incompatibility as prescribed in Clause 3 or Clause 4
Article 15 of the Law on Radio Frequency but failing to conduct certification
of conformity or make declaration of conformity or affix conformity marking as
regulated;
b) Using electrical and/or electronic devices which
may emit radio frequency radiation but failing to comply with regulations on
electromagnetic compatibility management.
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a) Certification of conformity;
b) Declaration of conformity;
c) Using conformity marking.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for manufacturing or importing electrical and/or
electronic devices which may emit radio frequency radiation and are included in
the List of devices capable of adversely influencing radio frequency radiation
safety due to electromagnetic incompatibility as prescribed in Clause 3 or
Clause 4 Article 15 of the Law on Radio Frequency but the quality of such
devices is not conformable with corresponding technical regulations as
certified.
4. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 1 and Clause 2 of this Article.
5. Remedial measures:
Enforced recall of electrical and/or electronic
devices sold on the market, enforced change of purposes of use, or enforced
recycling or re-export of imported electrical and/or electronic devices if the
violation mentioned in Clause 3 of this Article is committed.
SECTION 3. VIOLATIONS AGAINST
REGULATIONS ON RESOLUTION OF PROBLEMS OF HARMFUL INTERFERENCE
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1. A fine ranging from VND 2,000,000 to VND
3,000,000 per device or source of harmful interference shall be imposed for
failure to comply with technical regulations, as provided for in the law on
electromagnetic compatibility (EMC) management, on radio devices, radio-wave
appliances and devices emitting radio frequency radiation which may cause
harmful interference to:
a) The public telecommunication network, private
telecommunications network or internal network;
b) Broadcasting channels/ frequencies or other channels/
frequencies for receiving or transmitting radio waves.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for using radio transmitters which fail to satisfy
technical regulations or fail to comply with regulations by a competent state
authority resulting in causing harmful interference to the private
telecommunications network, internal network or broadcasting channels/
frequencies or other channels/ frequencies for receiving or transmitting radio
waves within the territory of a province or central-affiliated city.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for using radio transmitters in contravention of
provisions specified in the license or regulations by a competent state
authority resulting in causing harmful interference to:
a) Domestic or international public fixed
telecommunications network;
b) The private telecommunications network, internal
network or broadcasting channels/ frequencies or other channels/ frequencies
for receiving or transmitting radio waves with a nationwide scale;
c) Public mobile telecommunications network, public
satellite fixed telecommunications network, public satellite mobile
telecommunications network or public maritime radio communication network.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for using radio transmitters in contravention of
provisions specified in the license or regulations by a competent state
authority resulting in causing harmful interference to:
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b) The private telecommunications network,
special-use telecommunications network or broadcasting channels/ frequencies or
other channels/ frequencies for receiving or transmitting radio waves with
nationwide or international scale;
c) Frequencies for calls, on duty, search and
rescue, disaster prevention and control, domestic and international reference
signals.
5. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Using radio transmitters to intentionally cause
harmful interference which obstructs communication operations of the licensed
radio communication networks and systems;
b) Using radio transmitters which may cause harmful
interference but failing to comply with requests of a competent state authority
for adoption of necessary technical remedial measures;
c) Failing to implement measures as prescribed or
requested by a competent state authority to resolve problems of harmful
interference;
d) Using jammers other than those prescribed in
Clause 1 Article 47 of the Law on Radio Frequency;
dd) Providing false information and/or evidence
concerning harmful interference to regulatory radio frequency authorities.
6. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for using devices which cause harmful interference
to radio communications for navigation, search and rescue, disaster prevention
and control, national defense and security while such devices must be suspended
as requested by a competent state authority.
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Confiscate the exhibits and instrumentalities of
administrative violations prescribed in this Article.
SECTION 4. VIOLATIONS AGAINST
REGULATIONS ON INTERNATIONAL COOPERATION AND REGISTRATION FOR SATELLITE RADIO
REQUENCIES AND ORBITS
Article 91. Violations against
regulations on international registration for satellite radio frequencies and
orbits
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to carry out procedures for international
cooperation and registration for satellite radio frequencies and orbits in the
following cases:
a) Using radio frequencies and devices that may
cause harmful interference to radio operations of another country;
b) Using radio frequencies for operations of
international radio communication systems;
c) Using radio frequencies which have been assigned
by the regulatory international authority to other countries;
d) Using radio frequencies in cases where the
cooperation is required according to international agreements or international
treaties to which Vietnam is a signatory.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for providing false information in the application
for registration of satellite radio frequencies and orbits or the application
for registration of satellite radio frequencies.
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Suspend the license to use satellite frequencies
and orbits for 01 - 03 months if the violation prescribed in Clause 2 of this
Article is committed.
Article 92. Violations against
regulations on international cooperation
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for refusing to cooperate in coordination of
satellite radio frequencies and orbits or radio frequencies with radio
frequency authorities of other countries in accordance with effective
regulations of Vietnam Law or international agreements or treaties to which the
Socialist Republic of Vietnam is a member.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for cooperation with foreign users of radio
frequencies/ satellite orbits without obtaining approval from Ministry of
Information and Communications.
Chapter 6.
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON DISPUTE SETTLEMENT AND REPORTING, PENALTIES,
FINES AND REMEDIAL MEASURES
Article 93. Violations against
regulations on settlement of disputes and complaints, compensation for damages
in the course of service supply
1. A warning or a fine ranging from VND 200,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Failing to post the process for settlement of
complaints against provided services at the POS;
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c) Refusing to receive and resolve complaints which
are made in accordance with law.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for any of the following violations:
a) Failure to promulgate the process for settlement
of complaints against services provided;
b) Failure to resolve complaints made by clients in
accordance with law;
c) Failure to return service charges collected
because of failure to comply with the guaranteed delivery time as announced.
3. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failure to make compensation for damage or
compensating for damage inconsistently with the law.
4. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for failure to consider and resolve or failure to
submit reports on complaint settlement results upon the request of a competent
state authority.
5. Remedial measures:
Enforced return of service charges if the violation
prescribed in Point c Clause 2 of this Article is committed.
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1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for having 15 days or fewer late in reporting in
comparison with the prescribed time or the requested time set by a competent
state authority.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for submitting a report which fails to have
sufficient contents as regulated or as requested by a competent state
authority.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to submit reports or having more than 15
days late in reporting in comparison with the prescribed time or the requested
time set by a competent state authority;
b) Failure to submit a report which includes
accurate information as regulated or as requested by a competent state
authority.
Chapter 7.
POWER TO RECORD
ADMINISTRATIVE VIOLATIONS
Article 95. Power to impose
administrative penalties of inspectorates
1. On-duty inspectors and persons who are assigned to
conduct inspections in Information and Communications shall have the power to:
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b) Impose a fine up to VND 1,000,000, or VND
800,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.
2. Chief Inspectors of Provincial Departments of
Information and Communications; heads of specialized inspection teams of
Provincial Departments of Information and Communications; heads of specialized
inspection teams of Vietnam Telecommunications Authority, Authority of
Broadcasting and Electronic Information, Agency of Radio Frequency Management;
Directors of Regional Radio Frequency Management Centers; heads of specialized
inspection teams of Regional Radio Frequency Management Centers shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND
40,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Enforce remedial measures.
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a) Issue warning;
b) Impose a fine up to VND 140,000,000, or VND
56,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Enforce remedial measures.
4. Chief Inspector of Ministry of Information and
Communications, Directors General of Agency of Telecommunications, Authority of
Broadcasting and Electronic Information, and Agency of Radio Frequency
Management shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND
80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
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dd) Enforce remedial measures.
Article 96. Power to impose
penalties of People’s Committees at levels for administrative violations in
posts, telecommunications, information technology and radio frequency sectors
1. Chairpersons of District-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND
40,000,000 for violations in the posts sector;
c) Suspend license or operations for a fixed
period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in Points
a, b, c, D, e, h, i and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
2. Chairpersons of Provincial-level People’s
Committees shall have the power to:
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b) Impose a fine up to VND 200,000,000, or VND 80,000,000
for violations in the posts sector;
c) Suspend license or operations for a fixed
period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce remedial measures.
Article 97. Power to impose
administrative penalties of People’s public securities forces
1. Soldiers on duty of People’s Public Security
Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000, or VND
800,000 for violations in the posts sector.
2. Leaders of persons stated in Clause 1 of this
Article shall have the power to:
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b) Impose a fine up to VND 3,000,000, or VND
2,400,000 for violations in the posts sector.
3. Communal-level police chief officers, heads of
public security stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000, or VND
4,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.
4. Chiefs of district-level police agencies, chiefs
of police offices for administrative management of social order, chiefs of
order police offices, chiefs of police offices for investigation of social
order-related crimes, chiefs of police offices for investigation of economic
management order and position-related crimes, chiefs of police offices for investigation
of drug-related crimes, chiefs of internal political security offices, chiefs
of economic security offices, chiefs of cultural and thought security offices,
and chiefs of information security offices shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND
16,000,000 for violations in the posts sector;
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d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points a, c, dd and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
5. Directors of Provincial-level Public Security
Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND
40,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Directors of Provincial-level Public Security
Departments shall make decision on imposition of expulsion penalty;
e) Enforce the remedial measures mentioned in
Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
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a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND
80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
7. Director General of Immigration Department shall
have the power to impose administrative penalties prescribed in Clause 6 of
this Article and have the right to make decision on imposition of expulsion
penalty.
Article 98. Power to impose
administrative penalties of Border Guard Forces
1. Soldiers on duty of Border Guard Forces shall
have the power to:
a) Issue warning;
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2. Heads of border guard stations, and leaders of
soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000, or VND
4,000,000 for violations in the posts sector.
3. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND
16,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, dd and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
4. Commanders of provincial-level border guard
forces and commanders of border guard fleets affiliated to Border Guard High
Command shall have the power to:
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b) Impose a fine up to VND 200,000,000, or VND
80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
Article 99. Power to impose
administrative penalties of Marine Police Forces
1. Police Officers on duty of Marine Police Forces
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 3,000,000, or VND
1,600,000 for violations in the posts sector.
2. Coastguard team leaders shall have the power to:
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b) Impose a fine up to VND 10,000,000, or VND
4,000,000 for violations in the posts sector.
3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 20,000,000, or VND
8,000,000 for violations in the posts sector;
c) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.
4. Commanders of coastguard platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND
16,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
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5. Commanders in chief of coastguard squadrons
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 60,000,000, or VND
24,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd and k Clause 1 Article 28 of the Law on penalties for
administrative violations.
6. Commanders of regional coastguard command
centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND
40,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
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7. Director General of Marine Police Department
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND
80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Point dd Clause 7 Article 41 of the Law on penalties for administrative
violations.
Article 100. Power to impose
administrative penalties of Customs Authorities, Tax Authorities and Market
Surveillance Agencies
Customs authorities, tax authorities and market
surveillance agencies shall have the right to impose administrative penalties
in accordance with regulations in Articles 42, 44 and Clause 4 Article 45 of
the Law No. 15/2012/QH13 dated June 20, 2012 on penalties for administrative
violations with respect of administrative violations against regulations on
posts, telecommunications, information technology and radio frequency in
connection with their management sectors under regulations herein.
Article 101. Power to record
administrative violations
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Chapter 8.
IMPLEMENTARY PROVISIONS
Article 102. Effect
1. This Decree comes into force as from January 15,
2014.
2. As of the date of entry into force of this
Decree, the following decrees and violations prescribed in the following
decrees shall be annulled:
a) The Government’s Decree No. 63/2007/ND-CP dated
April 10, 2007 on penalties for administrative violations against regulations
on information technology;
b) Articles 62, 63, 64, 65, 66, 67, 68, 69, 70 and
71 of the Government’s Decree No. 26/2007/ND-CP dated February 15, 2007
elaborating the implementation of the Law on Electronic Transactions with
respect of digital signatures and digital signature authentication;
c) Clauses 19, 20 and 21 Article 1 of the
Government’s Decree No. 106/2011/ND-CP dated November 23, 2011 on amendments to
the Government’s Decree No. 26/2007/ND-CP dated February 15, 2007 elaborating
the implementation of the Law on Electronic Transactions with respect of
digital signatures and digital signature authentication;
d) The Government’s Decree No. 58/2011/ND-CP dated
July 08, 2011 on penalties for administrative violations against regulations on
postal services;
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e) Articles 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
41, 42 and 43 of the Government’s Decree No. 90/2008/ND-CP dated August 13,
2008 on spam prevention;
g) Clauses 18, 19, 20, 21, 22, 23, 24 and 25
Article 1 of the Government’s Decree No. 77/2012/ND-CP dated October 05, 2012
on amendments to the Government’s Decree No. 90/2008/ND-CP dated August 13,
2008 on spam prevention;
h) The Government’s Decree No. 28/2009/ND-CP dated
March 20, 2009 on penalties for administrative violations against regulations
on management, supply and use of Internet services and electronic information
on the Internet;
i) The Government’s Decree No. 51/2011/ND-CP dated
June 27, 2011 on penalties for administrative violations against regulations on
radio frequency.
Article 103. Transitional
clause
Administrative violations against regulations on
post, telecommunications, information technology or radio frequency that occur
before the date of entry into force of this Decree but are detected after date
of entry into force of this Decree, or are under consideration shall be
governed by regulations which are advantageous to organizations/individuals.
Article 104. Implementation responsibility
Minister of Information and Communications,
Ministers, heads of ministerial-level agencies, heads of the Government’s
affiliates, Chairpersons of people’s committees of central-affiliated cities/
provinces shall be responsible for implementing this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung