Nghị định 174/2013/ND-CP

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;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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.

2. The penalties imposed by the persons who have the power to impose penalties for administrative violations as prescribed in Chapter VII herein are incurred by organizations; a person who has the power to impose penalties as regulated may reduce the fine imposed on an organization for an administrative violation by half to impose on an individual for the same violation.

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:

a) Provision of postal services without the postal license granted by the postal regulatory authority as regulated by law;

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:

a) Provision of postal services without the written certification of postal operation notification granted by the postal regulatory authority as regulated by law;

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:

a) Operating foreign postal service franchise in Vietnam when the franchise agreement expires;

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;

b) Failure to submit reports on the participation in international postal service organizations to competent state authorities.

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

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

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:

Confiscate exhibits if any of the violations prescribed in Points a, b and d Clause 1 of this Article is committed.

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;

b) Appropriating or stealing postal items; unlawful removal of postal items;

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:

Enforced restoration of initial state which has been influenced due to the act of violation prescribed in Point a Clause 3 of this Article.

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.

Article 10. Violations against regulations on public postal network

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:

a) Causing damage to public postal works;

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;

d) Failure to conduct internal inspection of quality of public postal services, or conducting it in convention of regulations.

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.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for use of Vietnam’s postage stamps which are banned from sale.

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.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

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;

d) Recalling, handling and destroying postage stamps upon decisions on publication cessation or suspension, or expired special postage stamps in contravention of law;

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.

10. Remedial measures:

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.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for establishment of private telecommunications networks or testing of telecommunications networks and services without obtaining license as regulated.

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:

a) Failure to publish contents of the license for supply of telecommunications services within prescribed period or failure to publish such contents in three consecutive issues of newspaper;

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.

4. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to carry out procedures for modification to the license for installation of telecommunications cables when having change in the licensee’s name or information about submarine telecommunications cable routes.

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.

2. A fine ranging from VND 140,000,000 to VND 170,000,000 shall be imposed for conducting testing methods inconsistently with provisions in the issued testing license.

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

Article 18. Violations against regulations on telecommunications service agency and authorized point of services (POS)

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:

Enforced transfer of illegal benefits obtained from the violation prescribed in Point a Clause 4 of this Article.

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.

Article 20. Violations against regulations on ownership in 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) 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

1. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on a telecommunications enterprise holding a dominant market share or that holding essential facilities for failure to punctually provide other telecommunications enterprises with technical information concerning such essential facilities or related commercial information necessary to provide relevant services.

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:

a) Failure to provide sufficient information and evidence to Ministry of Information and Communications for conducting negotiation between the parties;

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:

a) Failure to obtain the consent of telecommunications subscribers before supplying basic or value-added telecommunications services;

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:

a) Establishing a telecommunications network inconsistently with strategies, plans, or technical regulations or standards;

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;

b) Implementing policies on public-utility telecommunications services inconsistently with the law.

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.

5. Remedial measures:

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:

a) Failure to submit the plan for enterprise restructuring to continue providing telecommunications services to users to Ministry of Information and Communications before the suspension of services;

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;

c) Failing to provide or improperly providing 116 backup services;

d) Putting information about name or address or other relevant information of a subscriber, who refuses to carry out the registration of subscriber information, into 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:

1. Failure to ensure the access to contact numbers of emergency telecommunications services or support services for notification of landline number failure for users of telecommunications services.

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;

b)Failure to adopt technical measures to minimize the connection failure before, during and after the change of subscriber numbers.

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;

d) Failing to submit reports to telecommunications enterprise or competent state authority on the detection of violations against regulations in course of registration, retention and use of subscriber information;

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;

d) Failing to provide subscriber information upon the request of a competent state authority;

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:

a) Failing to establish technical facilities or centralized database to input, store and manage subscriber information as regulated;

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:

a) Failing to provide a subscriber free of charge with a detailed list of telecommunications services according to the List of telecommunications services promulgated by Ministry of Information and Communications when issuing invoice to such subscriber, unless otherwise agreed;

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

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) 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;

d) Providing Internet service with low quality or service charges other than those agreed upon in the signed Internet service agency contract.

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

Article 33. Violations against regulations on connection of public telecommunications network

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.

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 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;

e) Making connection between telecommunications networks inconsistently with regulations;

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

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

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;

b) Telecommunications enterprise that is capable of techniques on the telecommunications network refuses to perform sharing of telecommunications infrastructure with other telecommunications enterprises;

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.

3. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

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;

e) Constructing or using the works inconsistently with technical standards/ regulations specified in the approved design;

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;

b) Setting rental of technical infrastructure works for shared use for installing telecommunications cables and equipment inconsistently with regulations;

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.

3. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

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;

d) Failing to adopt measures to ensure the safety of telecommunications infrastructure and information security;

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

Article 40. Violations against regulations on allocation, use and return of telecommunications number storage

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".

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

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;

d) Failure to formulate or announce templates and procedures for registration of “.vn” domain name in accordance with regulations of Ministry of Information and Communications;

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;

b) A ".vn" domain registrar fails to implement measure to ensure domain name data backup security;

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;

b) Failing to route IP address and network serial number as regulated by Ministry of Information and Communications;

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;

b) Transferring “.vn” country-code domain names which are banned from transfer under regulations by Ministry of Information and Communications;

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.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for providing inaccurate information or entering into collusion with each other to participate in the auction or selection of entities qualified to use Internet resources.

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:

a) Erasure or correction of certificate of conformity, notice of receipt of declaration of conformity or license to import radio transmitters and receivers;

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;

e) Using conformity marking other than the template or code of conformity marking granted by the certification body;

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;

b) Failure to carry out periodical inspection of quality of telecommunications services 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) 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;

d) Failure to make or improperly making periodical or irregular reports on quality of telecommunications services as regulated or upon the request of a competent state authority;

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;

b) Failing to declare and/or inspect quality of telecommunications networks under regulations by competent state authorities.

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.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

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;

c) Failing to carry out the registration of telecommunications service charges with Ministry of Information and Communications;

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;

e) Exemption or reduction of telecommunications service charges without obtaining a written 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 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:

Enforced transfer total amount of telecommunications service charges improperly collected if any of the administrative violations prescribed in Clauses 2, 3, 4, 5 and 6 this Article is committed.

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;

d) Adopting promotion methods for telecommunications services/ special-use telecommunications products other than the prescribed promotion methods without obtaining the approval from Ministry of Information and Communications;

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;

h) Providing telecommunications service whose total value exceeds VND 100,000 to client for free trial;

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;

dd) Performing within one year sales promotion programs for a brand of telecommunications service or special-use telecommunications product, or performing 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 promotion duration exceeding total duration for annual promotion activities under regulations by Ministry of Information and Communications;

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

SECTION 1. VIOLATIONS AGAINST MEASURES TO ENSURE INFORMATION TECHNOLOGY APPLICATION AND DEVELOPMENT

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.

4. Remedial measures:

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.

Article 54. Violations against regulations on protection of legal rights and benefits and support for users of IT products or services

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:

Expel foreigners who commit any of the violations prescribed in Point b Clause 3 and Clause 4 of this Article from Vietnam.

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.

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 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;

b) Erasure or correction of contents of certificate of foreign digital signature authentication service provider or license to use foreign digital certificates accepted in Vietnam;

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:

a) Public digital signature authentication service provider fails to purchase insurance in cases where no deposit or guarantee is made as regulated by law;

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;

b) Failing to comply with mandatory technical regulations or standards in course of provision of digital signature authentication services.

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;

b) The public digital signature authentication service provider fails to notify subscribers of revocation of its license to provide public digital signature authentication services and information about the authority receiving its database;

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;

m) Providing time-stamp services but failing to comply with mandatory technical regulations or standards;

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;

h) Failing to retain information relating the applicants for digital certificates.

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;

i) A public digital signature authentication service provider provides time-stamps inconsistently with regulations;

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;

b) Failing to sufficiently and accurately retain or update the list of existing digital certificates or the list of expired digital certificates for the period of no less than five years;

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:

a) Failure to present the license to use foreign digital certificates accepted in Vietnam;

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.

6. Additional penalties:

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;

c) Failing to cooperate with Internet service provider or mobile enterprise in limiting or preventing spam;

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:

a)Failure to implement or improperly implementing guidelines for coordinating, preventing and handling spam messages;

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:

a) Suspend the service provision for 01 - 03 months if any of the violations prescribed in points c, d, e and h Clause 2, Clause 4 and Clause 5 of this Article is committed;

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:

a) Providing service/ product related information via emails or messages before obtaining a management code;

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:

a) Providing service/ product related information via emails sent from a server which is not located in Vietnam;

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;

b) Websites with obscene, debauchery, gambling, superstition, social evils, or offence against public decency contents allow downloading software or games with functions to message or make calls to prefixes or deduct money from mobile account balance.

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;

b) Collecting service charges without giving a notification to users.

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.

4. Remedial measures:

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.

Article 64. Violations against regulations on websites/ news websites

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;

c) Using images of Vietnam map but failing to indicate or improperly indicating the national sovereignty;

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.

4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

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:

a) Failing to disclose the agreement on provision and use of social networking services;

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;

d) Deliberately providing detailed portrayals of lewd acts, horrible killings or accidents in news, articles, films or images which do not match the habits and customs of Vietnam;

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:

a) Propagating information against the Socialist Republic of Vietnam; sabotaging the bloc of great national unity 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 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;

b) Failing to stop providing tools for finding sources of digital information to entities or individuals in case such sources of digital information are found in violation of law upon detection by the service provider or notice granted by a competent state authority;

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;

dd) Failing to adopt necessary management or technical measures to protect personal information from loss, steal, disclosure, change or removal while collecting, processing and using personal information of other persons on the network environment;

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;

b) Providing, exchanging, transmitting, storing or using information or services related to gambling/ lottery or serving gambling/lottery activities, or obscene, debauchery, superstition or those which do not match with the national habits and customs.

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;

b) Enforced revocation of prefixes/ telecommunications number storage if any of the violation prescribed in Point b Clause 4 of this Article is committed.

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.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for providing G2, G3 or G4 electronic games without obtaining a certificate of completion of procedures for provision of electronic gaming services from a competent state authority.

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;

b) Suspending electronic gaming services within the period of 90 days from the date on which the notification of electronic gaming service suspension is published on the website or within the period of 15 days from the date on which the report on electronic gaming service suspension is sent to the competent state authority.

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:

a) Failing to have server systems established in Vietnam to serve the inspection, retention or provision of information upon the request of a competent state authority or resolution of clients’ complaints against provided services in accordance with regulations of Ministry of Information and Communications;

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;

d) Providing G1 games inconsistently with the approved game contents/scripts.

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:

a) Establishing points of public electronic gaming services in less than 200 meters away from gates of primary schools, lower secondary schools or upper secondary schools;

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;

h) Failing to comply with other regulations on responsibility of points of public electronic gaming services.

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

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 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;

d) Failure to establish or assign a professional division to take charge of incident response;

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;

c) Storing information relating the applicants for digital certificates without ensuring information confidentiality and security;

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;

h) Failing to guard the secret of subscriber’s secret key in case of authorization.

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;

i) Failing to adopt methods for controlling access to digital signature authentication system;

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:

a) Failing to adopt or improperly implementing standby measures to maintain secure and continuous operation and deal with incidents;

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:

a) Stealing, trading, exchanging, revealing or using information concerning the other’s credit card illegally;

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;

b) Setting up or providing services of diverting international calls into domestic calls for the purposes of frauds or appropriation of property.

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:

a) Failing to apply for certification of conformity of a specific information system with technical standards and/ or regulations on information security as regulated by law;

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;

d) License to use radio frequency and devices for wireless radio broadcasting station;

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;

dd) License to use radio frequency and devices for fixed stations, coast stations and separate devices.

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.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 per device shall be imposed for any of the following violations:

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;

c) Using radio frequencies or radio transmitters with capacity of exceeding 150 W but not exceeding 500 W when a decision on suspension or termination of operation made by a competent state authority is effective;

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;

c) Using radio frequencies or radio transmitters with capacity of exceeding 1 kW but not 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 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;

b) Failing to comply with regulations on communication when Vietnam’s or foreign airplanes or ships enter, leave or anchor in sea ports or air ports of Vietnam;

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:

a) Suspend the license to use radio frequencies for 01 - 03 months if any of the violations prescribed in Points c, d, dd and e Clause 8 of this Article is committed;

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.

3. Additional penalties:

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:

Enforced revocation of the license to use radio frequencies if the violation prescribed in Point a or Point b Clause 1 of this Article is committed.

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:

Enforced transfer of illegal benefits obtained from administrative violations prescribed in Clauses 2 and 3 of this Article to state budget.

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:

a) Failure to modify the signed contract for lease or lending of radio devices upon change in contents of the license to use radio frequencies and radio devices;

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;

c) Cancelling the contract for lease or lending of radio devices without giving notification as regulated by law.

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;

b) Intentionally collecting or using information received from other radio stations that share the same radio frequency.

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.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

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.

2. Remedial measures:

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.

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 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;

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 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.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for manufacturing or importing electrical and/or electronic devices which may emit 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 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 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

Article 90. Violations against regulations on harmful interference

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:

a) National telecommunications backbone systems;

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.

7. Additional penalties:

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.

3. Additional penalties:

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;

b) Failing to settle complaints against provided services within prescribed time limit;

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.

Article 94. Violations against regulations on reporting

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:

a) Issue warning;

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.

3. Heads of specialized inspection teams of Ministry of Information and Communications shall have the power to:

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;

d) Confiscate the exhibits and instrumentalities of administrative violations;

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:

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 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:

a) Issue warning;

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;

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 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.

6. Director Generals of Department of hi-tech crime prevention, Department of investigation of social order-related crimes, Department of investigation of economic management order and position-related crimes, Department of administrative management of social order, Department of investigation of drug-related crimes, Department of internal political security, Department of economic security, Department of cultural and thought security and Department of information security 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 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;

b) Impose a fine up to VND 1,000,000, or VND 800,000 for violations in the posts sector.

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:

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.

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:

a) Issue warning;

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;

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.

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;

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.

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

Holders of positions prescribed in Articles 95, 96, 97, 98, 99 and 100 herein, on-duty officials and public employees in posts, telecommunications, information technology and radio frequency sectors have the right to record administrative violations as regulated.

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;

dd) The Government’s Decree No. 83/2011/ND-CP dated September 20, 2011 on penalties for administrative violations against regulations on telecommunications;

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./.