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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
63/2007/ND-CP
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Hanoi,
April 10, 2007
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DECREE
PROVIDING FOR SANCTIONING OF
ADMINISTRATIVE VIOLATIONS IN THE DOMAINOF INFORMATION TECHNOLOGY
THE GOVERNMENT
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Post and Telematics,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1- Scope of regulation
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2.
Administrative violations in the information technology domain stipulated in
Chapter II of this Decree mean acts intentionally or unintentionally committed
by organizations or individuals in violation of the provisions of law on state
management in the information technology domain, which are not crimes and must
be administratively sanctioned in accordance with law.
3. Other
administrative violations in the information technology domain which are not
directly stipulated in this Decree shall be handled in accordance with the law
on sanctioning administrative violations in the relevant state management
domains.
Article 2.- Subjects of application
1.
Vietnamese organizations or individuals that commit administrative violations
in the information technology domain shall be sanctioned in accordance with
this Decree.
Foreign
organizations or individuals that commit administrative violations in the
information technology domain within the territory, territorial waters,
contiguous zones, exclusive economic zones or continental shelf ofVietnam shall
be administra tively sanctioned like Vietnamese organizations or individuals.
When a treaty to which the Socialist Republic of Vietnam is a contracting party
contains provisions different from the provisions of this Decree, the
provisions of that treaty shall be applied.
2. Minors
who commit administrative violations in the information technology domain shall
be handled in accordance with Point a, Clause 1, Article 6 and Article 7 of the
July 2, 2002 Ordinance on Handling of Administrative Violations.
Article 3.- Sanctioning principles
1. The
sanctioning of administrative violations in the information technology domain
shall be conducted by competent persons defined in Articles 22,23,24 and 25 of
this Decree in accordance with the law on sanctioning of administrative
violations.
2. All
administrative violations in the information technology domain must be stopped
as soon as they are detected. The sanctioning must be conducted quickly, fairly
and thoroughly; all consequences of administrative violations must be redressed
in accordance with law.
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4. The
sanctioning of administrative violations in the information technology domain
must be based on the nature and severity ofthe violations, personal records of
violators and extenuating as well as aggravating circumstances defined in
Articles 8 and 9 of the Ordinance on Handling of Administrative Violations so
as to decide on appropriate forms, measures and levels of sanction.
5. Sanctions
shall not be imposed for administra tive violations committed in case of
emergency, legitimate self- defense, unexpected incidents or by offenders who
suffer mental diseases or other diseases which deprive them of the capacity to
be aware of or control their behaviors.
Article 4.- Statute of limitations
1. The
statute of limitations for sanctioning an administrative violation in the
information technology domain is one year since the violation is committed.
With regard
to acts of violating regulations on prices, charges, fees, import or export or
intellectual property in the information technology domain, the statute of
limitations for sanctioning administrative violations shall comply with
relevant legal documents.
2. For an
individual against whom a criminal case had been instituted, who had been
prosecuted or had involved in an information technology case already
decided to
be brought to trial according to criminal procedures but later a decision to
suspend the investigation or the case was issued and his/her violation shows
signs of administrative violation, such individual shall be administratively
sanctioned; within three days after issuing the decision to suspend the
investigation or the case, the decision issuer shall send that decision to a
person with sanctioning competence; in this case, the statute of limitations
for sanctioning the administrative violation is three months from the date the
person with sanctioning competence receives the suspension decision and the
violation file.
3. Past the
time limit mentioned in Clause 1 or 2 of this Article, sanctions shall not be
imposed but the remedies defined in Clause 3, Article 5 of this Decree shall
still be applied.
4. Within
the time limit defined in Clause 1 or 2 of this Article, if an individual or
organization commits a new administrative violation in the same domain in which
he/she/it has previously committed a violation or if he/she/it deliberately
shirks or obstructs the sanctioning, the statute of limitations for sanctioning
the administrative violation shall be counted from the time the new
administrative violation is committed or the time the violator stops the act of
shirking or obstructing the sanctioning.
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1. For each
administrative violation, a violating organization or individual is subject to either
of the following principal sanctions:
a/ Caution;
b/ Fine.
2. Depending
on the nature and severity of their administrative violations, organizations or
individuals are also subject to one or some of the following additional
sanctions:
a/
Deprivation of therightto use permits;
b/Confiscation
ofmaterial evidences and means used for commission of administrative
violations;
c/ Expulsion
of foreigners who commit administrative violations in the information
technology domain in Vietnam.
3. Apart
from the above principal and additional sanctions, organizations or individuals
committing administrative violations are also subject to one or some of the
following remedies:
a/ Forced
restoration of the initial state which has been altered due to administrative
violations;
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c/Forced
destruction of information technology objects or deletion of digital
information contents which cause harms to the human spirit or health, affect
fine traditions and customs;
d/ Forced
recovery or refund of money amounts which have been appropriated, improperly
collected, spent or provided as incentives;
e/
Revocatipn of domain names, Internet addresses or autonomous system numbers (ASN).
Chapter II
ADMINISTRATIVE
VIOLATIONS IN THE LNFORMATION TECHNOLOGY DOMAIN, FORMS AND LEVELS OF SANCTION
SECTION 1. ACTS OF VIOLATING REGULATIONS ON INFORMATION
TECHNOLOGY APPLICATION
Article 6.- Violations of regulations on storage, lease,
transmission, supply, access, collection, processing, exchange and use of
digital information
1. A caution
or fine of between VND 100,000 and VND 200,000 shall be imposed for acts of
excerpting digital information contents of other organizations or individuals
without citing their sources though the excerption is permitted by law.
2. A fine of
between VND 200,000 and VND 500,000 shall be imposed for one of the following
acts:
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b/ Storing
personal information of other persons collected in the network environment
beyond the time limit specified by law or mutually agreed upon.
3. A fine of
between VND 500,000 and VND 2,000,000 shall be imposed for one ofthe following
acts:
a/
Excerpting contents of digital information of other organizations or
individuals without consent of owners of that information or in contravention
of law;
b/ Failing
to stop the lease of digital information- storing space when detecting or being
notified by a competent state agency that the stored information is illegal;
c/ Failing
to stop the supply to other organizations or individuals tools of searching
digital information sources when detecting or being notified by a competent
state agency that such digital information sources are illegal;
d/
Collecting, processing and using personal information of other persons in the
network environment without those person' consent, except for cases provided
for in Clause 3, Article 21 of the Law on Information Technology;
e/
Collecting, processing and using personal information of other persons without
notifying them of the forms, scope, places and purposes of the collection,
processing and use of that information;
f/ Using
personal information of other persons in the network environment for purposes
other than those already notified to those persons;
g/ Failing
to check, correct or delete personal information at the request of its owner
which is stored in the network environment in the process of collecting,
processing and using that information;
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i/ Supplying
or using personal information despite its owners request for deletion thereof;
j/ Failing
to store digital information recording operations in the network environment
under regulations of competent state agencies.
4. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one ofthe
following acts:
a/ Illegally
accessing computers, computer networks or databases;
b/ Failing
to take necessary measures to prevent access to information or removal of
illegal information at the request of competent state agencies when transmitting
digital information or leasing digital information-storing space;
c/ Failing
to comply with requests of competent state agencies for determining a list
ofhirers ofdigital information-storing space;
d/ Failing
to keep secret information of organizations or individuals hiring digital
information-storing space;
e/ Failing
to take necessary management and technical measures to ensure that personal
information is not lost, stolen, disclosed, altered or destroyed when
collecting, processing and using that information of other persons in the
network environment;
f/ Supplying
personal information of other persons to a third party in the network
environment in contravention of law or without consent of those persons;
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h/ Failing
to restore information or accessibility to lawful information sources at the
request of the owner of that information;
i/ Failing
to monitor and supervise digital information of other organizations or
individuals at the request of competent state agencies;
j / Failing
to investigate violations of law in the course of transmission or storage of
digital information of other organizations or individuals at the request of
competent state agencies.
5. A fine of
between VND 10,000,000 and VND 20,000,000 shall be imposed for one ofthe
following acts:
a/
Supplying, exchanging, transmitting or storing, using digital information for
the purpose of inciting superstition or destroying fine national traditions and
customs;
b/
Supplying, exchanging, transmitting or storing, using digital information for
the purpose of distorting, slandering or hurting the prestige of organizations,
the honor, dignity or prestige of other persons;
c/ Supplying,
exchanging, transmitting or storing, using digital information for the purpose
of advertising and popularizing banned goods or services;
d/
Counterfeiting websites ofother organizations or individuals.
6. A fine of
between VND 20,000,000 and VND 40,000,000 shall be imposed for acts of
supplying, exchanging, transmitting, storing or using digital information to
stimulate obscene or depraved lifestyle, crimes or other social vices.
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a/
Supplying, exchanging, transmitting or storing, using digital information to
oppose the State of the Socialist Republic ofVietnam or destroy the national
unity bloc, which, however, is not serious enough for penal liability examination;
b/
Supplying, exchanging, transmitting or storing, using digital information to
incite violence, propagate wars of aggression, sow hatred between nations and
peoples, which, however, is not serious enough for penal liability examination.
8. Additional
sanctions:
a/
Confiscatioh of material evidences and means used for commission of
administrative violations defined at Point b, Clause 3; Points a and g, Clause
4; in Clause 5, Clauses 6 and 7 of this Article;
b/ Expulsion
of foreigners who commit administrative violations defined in Clauses 6 and 7
of this Article.
9. Remedies:
Forced
deletion of digital information, for violations defined at Point b, Clause 2;
Points a, b and c of Clause 5; in Clause 6; and Clause 7 of this Article
Article 7.- Acts of violating regulations on information
technology application in operations of state agencies
1. A caution
or fine of between VND 100,000 and VND 200,000 shall be imposed for one of the
following acts:
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b/ Failing
to formulate or apply information security regulations.
2. A fine of
between VND 200,000 and VND 500,000 shall be imposed for one of the following
acts:
a/ Failing
to apply processes to ensure safety of computer systems such as solutions to
prevent and early detect illegal access to computer systems or data-storing
equipment;
b/ Failing
to promulgate or apply regulations on digital information sharing in order to
ensure the common use of information on management, administration and
coordination and other information in a synchronous and smooth manner between
state agencies.
3. A fine of
between VND 500,000 and VND 200,000 shall be imposed for one of the following
acts:
a/ Failing
to supply information in the public interest, and for administrative procedures
in the network environment in accordance with law;
b/ Failing
to ensure accuracy and sufficiency of information and documents exchanged,
supplied and commented in the network environment;
c/ Failing
to announce or fully announce on the mass media contents of operation in the
network environment according to the provisions of Clause 1, Article 27 ofthe
Law on Information Technology;
d/ Failing
to ensure that the equipment system for information supply, public service
provision and opinion collection in the network environment operates both
during and outside working hours, or failing to announce system incidents under
regulations;
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f/ Failing
to load onto websites information defined in Clause 2, Article 28 of the Law on
Information Technology;
g/ Failing
to store information on common solutions and products, contents and results of
implementation of information technology application projects which have been,
executed within the national database system or databases of ministries,
branches and localities in accordance with law;
h/ Failing
to periodically copy digitally transmitted data for storage under regulations
of competent state agencies. *
4. A fine of
between VND 2,000,000 and VND
5,000,000
shall be imposed for failing to apply authentication technologies, the
right-of-access management mechanism and operation-recording mechanism of the
system for the management and inspection of network access.
5. A fine of
between VND 5,000,000 and VND 10,000,000 shall be imposed for one ofthe
following acts:
a/ Loading
onto websites inaccurate information defined in Clause 2, Article 28 of the Law
on Information Technology;
b/ Failing
to make electronic forms for the exchange and supply of information and
gathering of opinions of organizations and individuals in the network
environment.
6. A fine
ofbetween VND 10,000,000 and VND 20,000,000 shall be imposed for one ofthe
following acts:
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b/ Procuring
software programs with the same or similar functions, thus causing waste;
c/ Failing
to comply with the set norms, unit prices, standards and regimes in the
procurement of information technology products.
7. A fine ofbetween
VND 20,000,000 and VND 40,000,000 shall be imposed for one ofthe following
acts:
a/ Failing
to take security and safety measures for information technology applications in
accordance with law;
b/
Collecting charges for the supply of information defined in Clause 2, Article
28 of the Law on Information Technology.
8. Remedies:
a/ Forced
refund of the improperly spent money amount, for violations defined in Clause 6
of this Article;
b/ Recovery
of the improperly collected money amount, for violations defined at Point b,
Clause 7 of this Article.
Article 8.- Acts of violating regulations on information
technology application in commerce
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a/ Failing
to notify all relevant information defined in Clause 2, Article 9 of the Law on
Information Technology when conducting business activities in the network
environment;
b/ Supplying
on sale website insufficient information on goods, services, transactional
conditions, procedures for dispute settlement and damage compensation;
c/
Announcing on sale website insufficient information on cases in which consumers
may cancel or amend agreements on sale websites;
d/ Supplying
insufficient information for the conclusion of contracts defined in Clause 1,
Article 31 of the Law on Information Technology, unless otherwise agreed upon
by concerned parties.
2. A fine of
between VND 500,000 and VND 2,000,000 shall be imposed for one of the following
acts:
a/ Failing
to publicize relevant information defined in Clause 2, Article 9 of the Law on
Information Technology when conducting business activities in the network
environment;
b/ Failing
to supply on sale websites information on goods, services, transactional
conditions, procedures for dispute settlement and compensation for damage;
c/ Failing
to announce on sale websites cases in which consumers may cancel or amend
agreements;
d/ Failing
to supply information for the conclusion of contracts defined in Clause 1,
Article 31 of the Law on Information Technology, unless otherwise agreed upon
by concerned parties.
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a/ Violating
the provisions of law on payment conditions, processes- and procedures in the
network environment;
b/ Failing
to ensure that consumers may store and recover information on contractual
conditions.
4. A fine of
between VND 10,000,000 and VND 20,000,000 shall be imposed for one ofthe
following acts:
a/ Illegally
obstructing the establishment of sale websites of organizations or individuals;
b/
Counterfeiting information, supplying untruthful information to trick customers
in order to sell or buy goods online;
c/ Supplying
untruthful relevant information defined in Clause 2, Article 9 of the Law on
Information Technology when conducting business activities in the network
environment;
d/ Supplying
on sale websites untruthful information on goods, services, transactional
conditions, procedures for dispute settlement and damage compensation.
5.
Additional sanctions:
Confiscation
of material evidences and means used for commission of administrative
violations defined at Point a, Clause 4 of this Article.
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Recovery of the
money amount which has been illegally gained, for violations defined at Point
b, Clause 4 of this Article.
Article 9.- Acts of violating regulations on the supply
and use of confidential information and documents in the network environment
1. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of disclosing
in the network environment business or personal secrets in contravention of
law.
2. A fine of
between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of
disclosing in the network environment state secrets, military, security,
economic or foreign affair secrets or other secrets, classified by law as
secrets.
3. A fine
ofbetween VND 40,000,000 and VND 60,000,000 shall be imposed for acts of
disclosing in the network environment state secrets, military, security,
economic or foreign affair secrets or other secrets classified by law as top
secrets.
4.
Additional sanctions:
Confiscation
of material evidences and means used for commission of administrative
violations defined in Clauses 1,2 and 3 of this Article.
SECTION 2. ACTS OF VIOLATING REGULATIONS ON INFORMATION
TECHNOLOGY DEVELOPMENT
Article 10.- Acts of violating regulations on information
technology research and development
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2. Other
administrative violations related to scientific and technological activities in
the information technology domain shall be handled according to the
Government's decree on sanctioning of administrative violations in scientific
and technological activities.
3.
Additional sanctions:
Confiscation
of means and material conditions used for commission of administrative
violations defined in Clause 1 of this Article.
Article 11.- Acts of violating regulations on standards
and quality of information technology products and services
Administrative
violations related to standards and quality of information technology products
and services shall be handled according to the Government's decree on
sanctioning of administrative violations in the domain of measurement and
quality of products and goods.
Article 12.- Acts of violating regulations on development
of information technology human resources
1. A fine of
between VND 5,000,000 and VND 10,000.000 shall be imposed for acts of illegally
obstructing organizations or individuals to set up information technology human
resource training institutions.
2. A fine of
between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of
illegally obstructing cooperation on information technology human resource
training between training institutions and domestic or foreign organizations
operating in the information technology domain.
3. A fine of
between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of granting
information technology diplomas or certificates in contravention of law.
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5.
Additional sanctions:
Confiscation
of material evidences and conditions used for commission of administrative
violations defined in Clauses 1, 2 and 3 of this Article.
6. Remedies:
Forced
refund of preferential financial supports, for violations defined in Clause 4
of this Article.
Article 13.- Acts of violating regulations on information
technology industry development
1. A fine of
between VND 5,000,000 and VND 10,000,000 shall be imposed for one ofthe
following acts:
a/ Failing
to apply software price determination methods promulgated by competent state
agencies in the development of state budget-funded information technology
application and development projects;
b/ Assigning
or transferring technologies or solutions for development of state-invested key
information technology products without consent or in contravention
ofregulations of competent state agencies.
2. A fine
ofbetween VND 10,000,000 and VND 20,000,000 shall be imposed for one ofthe
following acts:
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b/ Illegally
obstructing or restricting domestic or foreign organizations or individuals to
invest and build information technology parks under government plannings;
c/ Illegally
obstructing or restricting investment ventures in the information technology
industry or investment in the development and supply of low cost digital
equipment
3. Afine of
between VND 20,000,000 and VND 40,000,000 shall be imposed for one ofthe
following acts:
a/ Making
frauds or forgeries in order to enjoy incentives and priorities in the
investment and development ofthe information technology industry, software
industry or content industry;
b/ Making
frauds or forgeries in order to enjoy state preferential policies applicable to
organizations or individuals investing and operating in information technology
parks or hi-tech parks;
c/
Appropriating copyright royalties which the violator is not entitled to, from
key information technology products , of which the research, development and
production are funded by the State and which the violator participates in;
d/ Failing
to repay revenues earned from the trade ofkey information technology products
invested by the State according to regulations.
4. A fine of
between VND 60,000,000 and VND 70,000,000 shall be imposed for acts of stealing
technologies, solutions or copyrights of key information technology products
invested by the State.
5.
Additional sanctions:
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6. Remedies:
a/ Forced
refund of preferential financial supports, for violations defined at Points a
and b, Clause 3 of this Article.
b/ Recovery
of the money amount which has been illegally gained, for violations defined at
Points c and d, Clause 3 of this Article.
Article 14.- Acts of violating regulations on development
of information technology services
1. A fine of
between VND 20,000,000 and VND
40,000,000
shall be imposed for acts of making frauds or forgeries in order to enjoy
incentives for some types of information technology services.
2. Remedies:
Forced
refund ofpreferential financial incentives, for violations defined in Clause 1
of this Article.
SECTION 3. ACTS OF VIOLATING REGULATIONS ON MEASURES TO
ENSURE INFORMATION TECHNOLOGY APPLICATION AND DEVELOPMENT
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1. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the
following acts:
a/ Illegally
obstructing the installation of public Internet access points at post offices,
commune cultural-post stations, train stations, car terminals, seaports,
airports, border gates, residential quarters, hospitals, schools, supermarkets,
cultural or sport centers;
b/ Damaging
public Internet access points.
2. A fine of
between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the
following acts:
a/ Illegally
obstructing or restricting organizations or individuals to access and use
information in the national database or databases of ministries, branches or
localities;
b/
Obstructing owners of databases to use databases when reproducing,
distributing, disseminating, transmitting or supplying component contents of
such databases;
c/
Destroying, blocking, deforming databases of enterprises.
3.AfineofbetweenVND
10,000,000 and VND 20,000,000 shall be imposed for one ofthe following acts:
a/ Infringing
upon lawful rights and interests of owners of databases;
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c/
Destroying information infrastructure of organizations or enterprises;
d/
Destroying, blocking or deforming databases of ministries, branches or
localities.
4. A fine
ofbetween VND 20,000,000 and VND 40,000,000 shall be imposed for one ofthe
following acts:
a/
Destroying information infrastructure in service of state agencies;
b/
Destroying, blocking or deforming national databases;
c/ Delaying,
refusing or committing other acts to shirk the execution of competent state
agencies' decisions on the mobilization of a part or the whole of information
infrastructure to prioritize the application ofinformation technology in
emergency cases defined in Clause 1, Article 14 of the Law on Information
Technology.
5. A fine of
between VND 70,000,000 and VND 100,000,000 shall be imposed for acts of
destroying the national information infrastructure, which, however, are not
serious enough for penal liability examination.
6.
Additional sanctions:
a/
Confiscation ofmaterial evidences and means used for commission of
administrative violations, for acts specified at Point a, Clause 1; in Clause
2; at Points b, c and d, Clause 3; Points a and b, Clause 4; and in Clause 5 of
this Article;
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7. Remedies:
Forced
restoration of the initial state which has been altered due to administrative
violations defined at Point b, Clause 1; Point d, Clause 2; Point b, c or d,
Clause 3; Point a or b, Clause 4; or in Clause 5 of this Article.
Article 16. Acts of violating regulations on investment
in the information technology domain
1. A fine
ofbetween VND 40,000,000 and VND 60,000,000 shall be imposed for one ofthe
following acts:
a/ Using
state budget and other budget sources for investment;, construction,
exploitation and maintenance of information infrastructure of state agencies in
contravention of law;
b/ Using the
State's investment capital or financial support mechanisms for the construction
and use of public information infrastructure and narrowing of the digital gap
in contravention of law;
c/ Using
state funds for the construction and maintenance of national databases or
databases of ministries, branches or localities in contravention of law.
2. A fine of
between VND 70,000,000 and VND 100,000,000 shall be imposed for acts of making
frauds or forgeries in order to enjoy investment or financial incentives and
other incentives for organizations and individuals involved in information
technology application and development in deep-lying or remote areas, ethnic
minority-inhabited areas or areas meeting with difficult or particularly
difficult socio-economic conditions for carrying out activities in other
domains.
3. Other
administrative violations in the information technology domain shall be handled
in accordance with the Government's decree on sanctioning of administrative violations
in the planning and investment domain.
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a/ Recovery
of the improperly spent money amount, for violations defined in Clause 1 of
this Article;
b/ Forced
refund of preferential financial supports, for violations defined in Clause 2
of this Article.
Article 17.- Violation of regulations on intellectual
property in the information technology domain
1. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one ofthe
following acts:
a/ Storing copies
of protected works used in the process of information transmission though the
information transmission has been completed;
b/ Illegally
using codes for installation of software programs.
2. A fine of
between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the
following acts:
a/ Declaring
untruthful information on software products for participating in a contest;
b/ Failing
to announce the whole or part of an original software program which has been
used for development into another one, except for original softwares used by
their very authors to develop into other ones.
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4. Other
industrial property-related administrative violations in the information
technology domain shall be handled in accordance with the Government's decree
on sanctioning of administrative violations in the domain of industrial
property.
5.
Additional sanctions:
Confiscation
of material evidences and means used for commission of administrative
violations defined at Point b, Clause 1 of this Article.
Article 18.- Acts of violating regulations on the
protection of lawful rights and interests and support of information technology
product or service users
1. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the
following acts:
a/
Concealing one's own name or misusing names of other organizations or
individuals when sending information in the network environment;
b/ Sending
advertising information in the network environment without ensuring the
consumers' capacity of refusing to receive such information through the network
environment;
c/
Continuing to send advertising information in the network environment to users
that have notified their refusal to receive that information;
d/ Spreading
contact addresses in the network environment without consent of their owners.
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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/ Illegally
preventing access to information of other organizations and individuals in the
network environment;
c/ Breaking
into databases^ stealing, using passwords, key words and information of other
organizations or individuals in the network environment;
d/ When
providing services, failing to take or devise measures to prevent
childrenfromaccessing in the network environment information which is harmful
to them as prescribed by law;
e/ Producing
or supplying information technology products or services with contents contrary
to the nation's ethics, fine traditions and customs;
f/
Attempting to illegally access information systems;
g/ Illegally
entering into the process of transmitting data and information;
h/ Employing
persons without information technology diplomas or certificates granted by
competent state agencies in the management of information technology equipment
systems.
3. A fine of
between VND 10,000,000 and VND 20,000,000 shall be imposed for one ofthe
following acts:
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b/
Accessing, modifying or deleting in contravention oflaw contents of information
ofother organizations or individuals in the network environment;
c/Attacking
to reject services (DOS, DDOS) or committing acts to obstruct the provision
ofservices of the information system;
d/ Gambling,
organizing gambling, prostitution brokerage, cheating or terrorism in the
network environment.
4. Afme
ofbetween VND 20,000,000 and VND 40,000,000 shall be imposed for one of the
following acts:
a/ Applying
priority policies for people with disabilities to participate in information
technology education and training programs to ineligible subjects;
b/ Making
fqrgeries or frauds in the supply of information in order to enjoy priority
policies for people with disabilities to participate in information technology
education and training programs;
c/ Applying
to ineligible subjects tax, credit or other incentives for research and
development of various tools and applications to improve the disabled people's
capability of accessing and using information and knowledge sources through the
use of computers and information infrastructure;
d/ Supplying
untruthful information in order to enjoy tax, credit and other incentives for
research and development of various tools and applications to improve the
disabled people's capability of accessing and using information and knowledge
sources through the use of computers and information infrastructure;
e/Applying
to ineligible subjects tax, credit or other incentives for production and
supply oftechnologies, equipment, services, application of information
technology and digital information contents to meet special demands of persons
with disabilities;
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5.
Additional sanctions:
a/'
Confiscation of material evidences and means used for commission of
administrative violations defined at Point a, c or d, Clause 1; Point a, b, c,
for h, Clause 2; or Clause 3 of this Article;
b/ Expulsion
offoreigners who commit violations defined at Point a or d, Clause 3 of this
Article.
6. Remedies:
a/ Forced
restoration of the initial state which has been altered due to administrative
violations defined at Point b, Clause 2; Point a, b or c, Clause 3, of this
Article;
b/ Forced
destruction of information technology products and services, for violations
defined at Point f, Clause 2 of this Article;
c/ Forced
refund ofpreferential financial supports, for violations defined in Clause 4 of
this Article.
Article 19.- Acts of violating regulations on domain
names, Internet addresses and ASN
1. A fine of
between VND 500,000 and VND 2,000,000 shall be imposed for one ofthe following
acts:
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b/Assigning,
leasing, reselling Internet protocols (IP) and ASN or buying or selling the
domain name ".vn" in contravention of regulations.
2. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of
establishing websites not using the domain name ".vn" without
notifying such or notifying inaccurate information to the Ministry of Post and
Telematics or altering information without notifying such to the Ministry.
3.AfmeofbetweenVND
10,000,000 and VND 20,000,000 shall be imposed for one ofthe following acts:
a/ Failing
to use the domain name ".vn" on websites, for Vietnamese
socio-political organizations, press or publishing agencies;
b/ Failing
to use the national domain name ".vn" or failing to locate servers in
Vietnam, for Party and State agencies;
c/ Creating
illegal links or taking measures to appropriate, control or constrain lawful domain
names of other organizations or individuals.
4. A fine of
between VND 70,000,000 and VND 100,000,000 shall be imposed for one of the
following acts:
a/ Taking
measures to break down, stop or alter operations of the national domain name
server system;
b/
Destroying or changing the national domain name server system.
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a/
Confiscation of material evidences and means used for commission of
administrative violations defined at Point c, Clause 3 and in Clause 4 of this
Article;
b/ Expulsion
offoreigners who commit violations defined at Point c, Clause 3 or Clause 4 of
this Article.
6. Remedies:
a/ Forced
restoration of the initial state which has been altered due to administrative
violations defined at Point c, Clause 3, and in Clause 4, of this Article;
b/ Recovery
of the domain name, address and ASN, for violations defined in Clause 1 of this
Article.
SECTION 4. ACTS OF VIOLATING REGULATION ON REPRTING REGIME;
FAILING TO SUBMIT TO SUPERVISION AND INSPECTION OF COMPETENT STATE AGENCIES
Article 20.- Acts of violating regulations on reporting
regime
1. A fine of
between VND 100,000 and VND 200,000 shall be imposed for one of the following
acts:
a/ Failing
to store the reported contents, documents and data for a period specified by competent
state agencies;
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c/ Making
late reports on the production and business situation when participating in
information technology industrial activities under regulations.
2. A fine of
between VND 500,000 and VND 2,000,000 shall be imposed for one ofthe following
acts:
a/ Failing
to report to competent state agencies on the quality, products and services in
accordance with law;
b/ Failing
to report on research and development, production and trade promotion of key IT
products which the violators participate in under regulations of competent
state agencies;
c/ Failing
to report on the production and business situation when participating in
information technology industry activities under regulations;
d/ Failing
to make other reports on information technology under regulations ofthe
Ministry ofPost and Telematics.
3. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one ofthe
following acts:
a/
Improperly reporting on information technology products and services and their
quality to competent agencies;
b/
Improperly reporting on activities of research and development, production and
trade promotion of key information technology products which they participate
in;
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Article 21.- Acts of obstructing, opposing state officers
or agencies conducting information technology supervision and inspection
1. A fine of
between VND 200,000 and VND 500,000 shall be imposed for one of the following
acts:
a/ Failing
to produce related documents, papers and vouchers at the request ofpersons
competent to conduct supervision and inspection;
b/ Failing
to declare or improperly declaring supervision and inspection-related contents.
2. A fine of
between VND 500,000 and VND 2,000,000 shall be imposed for acts of obstructing
state officers or agencies conducting inspection or supervision.
3. A fine of
between VND 2,000,000 and VND 5,000,000 shall be imposed for one ofthe
following acts:
a/
Dispersing material evidences of violations which are under supervision or
inspection or in custody;
b/ Removing
without permission seals from material evidences which have been sealed off or
are kept in custody.
Chapter III
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SECTION I. SANCTIONING COMPETENCE
Article 22.- Competence for sanctioning administrative
violations of post, telematics and information technology -specialized
inspectorates
1. Post,
telematics and information technology - specialized inspectorates on duty have
the power:
a/ To impose
cautions;
b/ To impose
fines of up to VND 200,000;
c/ To
confiscate material evidences and means used for commission of administrative
violations, which are valued at up to VND 2,000,000.
d/ To apply
remedies defined at Points a, c, d and e, Clause 3, Article 5 of this Decree;
e/ To
exercise the rights defined in Clause 2, Article 46 and Clause 2, Article 48
ofthe Ordinance on Handling ofAdministrative Violations.
2. Chief inspectors
of provincial/municipal Post and Telematics Services have the power:
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b/ To impose
fines of up to VND 20,000,000;
c/ To
deprive of the right to use permits falling under their competence;
d/ To
confiscate material evidences and means used for commission of administrative
violations;
e/ To apply
remedies defined at Points a, c, d and e, Clause 3, Article 5 of this Decree;
f/ To
exercise other rights defined in Clause 1, Article 46 of the Ordinance on
Handling of Administrative Violations.
3. The chief
inspector ofthe Ministry of Post and Telematics has the power:
a/ To impose
cautions;
b/ To impose
fines of up to VND 100,000,000. c/ To deprive of the right to use permits
falling under his/her competence;
d/ To
confiscate material evidences and means used for commission of administrative
violations;
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f/ To
exercise other rights defined in Clause 1, Article 46 of the Ordinance on
Handling of Administrative Violations.
Article 23.- Sanctioning competence of other specialized
inspectorates
Within their
state management competence provided for by the Government, inspectors and
chief inspectors of other specialized inspection agencies have the power to
sanction administrative violations in the information technology domain like
post, telematics and information technology - specialized inspectorates in
accordance with this Decree.
Article 24.- Sanctioning competence of People's
Committees at all levels
Presidents
of People's Committees at all levels have the power to impose sanctions on
administrative violations in the information technology domains specified in
this Decree according to their competence provided for in Articles 28, 29 and
30 of the Ordinance on Handling of Administrative Violations within the
localities under their respective management.
Article 25.- Sanctioning competence of police,
border-guard, coastguard, customs, tax and market control forces
Police, border-guard,
coastguard, customs, tax and market control forces may impose sanctions on
administrative violations in the information technology domains which are
directly related to their management domains and specified in this for Decree
according to their competence provided for in Articles 31,32,33,34,36 and 37
ofthe Ordinance on Handling of Administrative Violations.
Article 26.- Determination of competence for sanctioning
administrative violations
1. When an
administrative violation falls under the sanctioning competence of many
persons, the person who first deals with the violation shall sanction it.
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3. The
competence to sanction a person who commits different administrative violations
shall be determined on the principle defined in Clause 3, Article 42 of the
Ordinance on Handling of Administrative Violations.
SECTION 2. SANCTIONING PROCEDURES
Article 27.- Procedures for application of forms of
sanction
1. As soon
as an administrative violation in the information technology domain is
detected, the person with sanctioning competence shall order to stop that
violation.
2. When an
administrative violation is subject to a caution or a fine of up to VND
100,000, the person with sanctioning competence shall issue an on-site sanctioning
decision according to the simplified procedures provided for in Article 54 of
the Ordinance on Handling of Administrative Violations.
3. When an
administrative violation is subject to a fine of over VND 100,000, the person
with sanctioning competence shall promptly make a record on the administrative
violation according to Article 55 of the Ordinance on Handling of
Administrative Violations. If the record maker has no competence to sanction
the administrative violation, he/she shall promptly send the record and related
documents to a competent authority for Issuance of a sanctioning decision.
4.
Sanctioning decisions and procedures comply with the provisions of Articles 56
and 57 of the Ordinance on Handling of Administrative Violations.
5. Sanctioned
organizations or individuals shall pay fines in accordance with Article 58 of
the Ordinance on Handling of Administrative Violations.
Article 28.- Procedures for revocation ofthe right to use
permits
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Article 29.- Procedures for confiscation and handling of
material evidences and means used for commission of administrative violations
1. When applying
the sanction of confiscation of matenar evidences and means used for commission
of administrative violations in the information technology domain, persons with
sanctioning competence shall make records in accordance with Article 60 of the
Ordinance on Handling of Administrative Violations.'
2. Material
evidences and means used for commission of administrative violations in the
information technology domain shall be handled in accordance with Article 61 of
the Ordinance on Handling ofAdministrative Violations.
Article 30.- Execution of sanctioning decisions
1.
Sanctioned organizations or individuals shall comply with sanctioning decisions
within 10 days after being handed sanctioning decisions, unless otherwise
provided for by law. This time limit shall be stated in sanctioning decisions.
Past this time limit, if the sanctioned organizations or individuals fail to
voluntarily comply with the decisions, the persons with sanctioning competence
may apply enforcement measures.
2. The
postponement of compliance with fining decisions must comply with Article 65 of
the Ordinance on Handling of Administrative Violations.
3. The
statute of limitations for sanctioning administrative violations must comply
with Article 69 of the Ordinance on Handling ofAdministrative Violations.
4.
Administrative sanctioning decisions must be handed or notified to the
sanctioned organizations or individuals. If past one ear after issuance, a
decision cannot be handed to the sanctioned individual or organization since
he/she/it does not show up to receive it, his/her/its address is unidentified
or because of other objective reasons, the person having issued the sanctioning
decision shall issue another decision to terminate the application of the
sanctions but still apply the remedies stated in the sanctioning decision.
Article 31.- Application of measures to enforce
sanctioning decisions
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2. The
competence to issue enforcement decisions and organize the enforcement must
comply with Article 67 of the Ordinance on Handling of Administrative
Violations.
. Procedures
for application of measures to enforce administrative sanction decisions must
comply with the Government's Decree No. 37/2005/ ND-CP of March 18, 2005,
providing procedures for the application of measures to enforce administrative
sanction decisions.
Article 32.- Regulations on the transfer of dossiers of
violations showing criminal signs for penal liability examination
When looking
into a violation in order to decide on its sanction, if finding its criminal
signs, the competent person shall immediately transfer the violation file to a competent
criminal proceedings- conducting agency in accordance with Article 62 of the
Ordinance on Handling of Administrative Violations.
Chapter IV
COMPLAINTS,
DENUNCIATIONS, HANDLING OF VIOLATIONS
Article 33.- Complaints, denunciations and settlement of
complaints and denunciations
1.
Organizations or individuals subject to administrative sanctions in the
information technology domain or their lawful representatives may complain
about sanctioning decisions of competent persons. Pending receipt of complaint-
settlement results from competent agencies, they shall still comply with
sanctioning decisions, except for the case of forced dismantlement of
construction works.
2. Citizens
may denounce with competent state agencies, organizations or individuals administrative
violations in the information technology domain in accordance with the law on
complaints and denunciations.
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4. The
competence, procedures, order and time limit for complaint and denunciation and
initiation of administrative lawsuits comply with the Law on complaint and
denunciation and the Ordinance on Handling ofAdministrative Cases.
Article 34.- Handling of violations
1. Persons
with competence to sanction administrative violations in the information
technology domain who harass, tolerate, cover, do not sanction or untimely,
inappropriately sanction or sanction those violation beyond their competence
shall, depending on the nature and severity of their violations, be disciplined
or examined for penal liability; and, if causing damage, they shall pay
compensation in accordance with law.
2. Persons
sanctioned for administrative violations in the information technology domain
who commit acts ofobstructing or opposing persons on duty shall, depending on
the nature and severity of their violations, be administratively sanctioned or
examined for penal liability; and, if causing damage, they shall pay
compensation in accordance with law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 35.- Implementation effect
This Decree
takes effect 15 days after its publication in "CONG BAO."
Article 36.- Responsibilities for implementation
organization
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ON
BEHALFOF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung