Nghị định 51/2011/ND-CP

DECREE

STIPULATING ADMINISTRATIVE HANDLING IN THE FIELD OF RADIO FREQUENCIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Law on Radio Frequency dated November 23, 2009;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002; the Ordinance Amending, supplementing a number of Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

at the proposal of the Minister of Information and Communications,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Decree stipulates violations, forms, and levels of sanction and competence to sanction administrative sanctions on radio frequency, radio equipment, and satellite orbit and radiation safety of radio, electromagnetic compatibility (hereinafter referred to as the field of radio frequencies).

2. Administrative violations in the field of radio frequencies is the act of intentionally or unintentionally by individuals, agencies and organizations (hereinafter referred to as individuals or organizations) violating the provisions of law on State management in the field of radio frequencies that are not crimes, and according to law they must be sanctioned administratively.

Article 2. Principles of sanction

Principles for sanctioning administrative violations in the field of radio frequencies shall comply with the provisions in Article 3 of the Ordinance on Handling of Administrative Violations, Article 3 and Article 4 of Decree No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of some Articles of the Ordinance on Handling of Administrative Violations in 2002 and Ordinance amending and supplementing some Articles of the Ordinance on Handling of administrative Violations in 2008

Article 3. Prescription of sanction

1. The Prescription for sanctioning administrative violations in the field of radio frequencies is one year from the date that administrative violations are made.

For the violations of regulations on fees, charges, the prescription for sanctioning administrative violations is two years from the date that administrative violations are made.

2. For individuals who are sued, prosecuted or had a decision to bring cases of violations in the field of radio frequencies to trial according to criminal proceedings, but then had a decision to suspend the investigation or the case that the violation has signs of administrative violation shall be sanctioned administratively; within 03 days from the date of the decision to suspend the investigation, suspend the case, person who has decided must send its decision to the person who is competent to sanction; in this case, the prescription for sanctioning administrative violations is three months from the date that the person who is competent to sanction receives the decision to suspend and dossiers of the violation case.

3. Beyond the time limit referred to in clause 1 and 2 of this Article, the violations shall not be sanctioned, but are still subject to the remedies prescribed in clause 3, Article 4 of this Decree.

4. Within the time limit prescribed in clause 1 and 2 of this Article, if individuals and organizations implement new administrative violations in the same field that previously has violated or deliberately evade or obstruct the sanction, the prescription to sanction administrative violations is calculated from the time of the new administrative violations or from the date of termination of the acts of evading or obstructing the sanction.

Article 4. The forms of sanctioning administrative violations in the field of radio frequencies and remedies

1. For each administrative violation, violating individuals and organizations must suffer one of the following sanctioning forms:

a) Warning;

b) Fine.

2. Depending on the nature and seriousness of violations, individuals and organizations committing administrative violations may also be subject to one or the following forms of additional sanctions:

a) To strip the right to use licenses of using radio frequencies and radio equipment, licenses of using frequencies and satellite orbits, licenses of using frequency band, certificates of radio operator from 01 month to 03 months or indefinitely;

b) To confiscate material evidences and means used for administrative violations.

3. Apart from the forms of principle sanctions, additional sanctions prescribed in clause 1 and clause 2 of this Article, individuals, and organizations committing administrative violations may also be applied to one or more remedies as follows:

a) To collect arrear of fees to use of frequencies in time of using unlicensed frequencies;

b) Forced to pay into the state budget the amounts collected from administrative violations;

c) Forced to comply with the provisions of the law or of the competent authorities;

d) Forced to terminate the leasing, lending radio equipment;

đ) Forced to withdraw, recycle, re-export, suspend the use, and change the purpose of using frequency, radio equipment, electrical equipment, electronic equipment;

e) Forced to compensate damages, to restore the original state;

g) Forced to suspend the cooperation with organizations that use radio frequencies, satellite orbit abroad;

h) Forced to recover records, documents, equipment, material evidences, and facilities which have been dispersed.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF RADIO FREQUENCIES, FORMS, AND LEVELS OF SANCTION

Item 1. VIOLATIONS OF REGULATIONS ON LICENSES AND USE OF RADIO FREQUENCIES

Article 5. Violation of regulations on licenses

1. Warning or a fine of between VND 200,000 and 500,000 shall be imposed for the acts of failing to declare, failing to conduct procedures for issuance of licenses for a maximum period of 15 days after changing names of individuals and organizations that are licensed or license is lost or damaged for one of the following licenses:

a) License to use frequencies and radio equipment for amateur radio stations;

b) License to use frequencies and radio equipment for radio stations located on fishing means;

c) License to use frequencies and radio equipment for radio stations contacting with the fishing means.

2. A fine of between 500,000 VND to 1,000,000 VND shall be imposed for acts of failing to declare, to conduct procedures for issuance of licenses for a maximum period of 15 days after changing names of individuals and organizations that are licensed or license is lost or damaged for one of the following licenses:

a) License to use frequencies and radio equipment for wireless radio stations;

b) License to use frequencies and radio equipment for radio equipment used for the purpose of introducing the technology at the exhibitions and fairs.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of failing to declare, to conduct procedures for issuance of licenses for a maximum period of 15 days after changing names of individuals and organizations that are licensed or license is lost or damaged for one of the following licenses:

a) License to use frequencies and radio equipment for internal radio communication networks;

b) License to use frequencies and radio equipment for telecommunications networks using frequencies of the mobile profession.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for acts of failing to declare, to conduct procedures for issuance of licenses for a maximum period of 15 days after changing names of individuals and organizations that are licensed or license is lost or damaged for one of the following licenses:

a) License to use frequencies and radio equipment for microwave transmission line;

b) License to use frequencies and radio equipment for radio equipment, television equipment;

c) License to use frequencies and radio equipment for the ship's radio;

d) License to use frequencies and radio equipment for earth satellite stations;

đ) License to use frequencies and radio equipment for fixed stations, coast stations, individual equipment, and other cases.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of failing to declare, to conduct procedures for issuance of licenses for a maximum period of 15 days after changing names of individuals and organizations that are licensed or license is lost or damaged for one of the following licenses:

a) License to use frequency band;

b) License to use radio frequencies and satellite orbits.

6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of repairing, erasing leading to the change of contents of license or declaring untruthful information to be granted or renewed or amended, supplemented one of licenses referred to in clauses 1, 2, 3, 4 and 5 of this Article.

7. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of declaring untruthful information to be participated in auctions, contests for the right to use radio frequencies or to be licensed to use frequencies and satellite orbits.

8. Forms of additional sanction:

Stripping the right to use license from 01 month to 03 months or indefinitely for violations specified in clause 6 and clause 7 of this Article.

Article 6. Violation of regulations on the use of radio frequencies, radio equipment

1. A fine of between 500,000 VND to 1,000,000 VND shall be imposed per device for one of the following acts:

a) Placing the antenna, radio transmitters in the wrong location or placing radio transmitters in the wrong location specified in the license of using radio frequencies and radio equipment within the province and centrally-run city.

b) Using wrong provisions in the license for: call sign or identification, hours of operation and specifications of the antenna, the method of broadcasting, the standard system, purpose of use, objects of communications;

c) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or failing to ensure the other technical standards as prescribed by law for the transmitters of capacity smaller than or equal to 150 W.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed per device for one of the following acts:

a) Placing the antenna, radio transmitters in the wrong location or placing radio transmitters in the wrong location specified in the license of using radio frequencies and radio equipment out of scope of the province and centrally-run city;

b) Using the wrong profession specified in the license;

c) Using frequencies, transmitters of radio with capacity of smaller than or equal to 150 W without a license;

d) Using frequencies, transmitters of radio with capacity of smaller than or equal to 150 W when having the decision to suspend or terminate the operations by the competent state agencies;

đ) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or failing to ensure the other technical standards as prescribed by Vietnam law for the transmitters with capacity of more than 150 W or smaller than or equal to 1 kW;

e) Using frequencies not in accordance with the frequencies specified in the license of using frequencies and transmitters of radio for equipment with a capacity of less than or equal to 150 W.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed per device for one of the following acts:

a) Using frequencies, transmitters of radio with capacity of more than 150 W and less than or equal to 500 W without a license;

b) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or failing to ensure the other technical standards as prescribed by Vietnam law for the transmitters with capacity of more than 1 kW and smaller than or equal to 5 kW;

c) Using frequencies, transmitters of radio with capacity of more than 150 W and less than or equal to 500 W when having the decision to suspend or terminate the operations by the competent state agencies;

d) Useing frequencies not in accordance with the frequencies specified in the license of using frequencies and transmitters of radio for equipment with a capacity of more than 150 W and less than or equal to 500 W.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed per a device for one of the following acts:

a) Using frequencies, transmitters of radio with capacity of more than 500 W and less than or equal to 1 kW without a license;

b) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or fail to ensure the other technical standards as prescribed by Vietnam law for the transmitters with capacity of more than 5 kW and smaller than or equal to 10 kW;

c) Using frequencies, transmitters of radio with capacity of more than 500 W and less than or equal to 1 kW when having the decision to suspend or terminate the operations by the competent state agencies;

d) Using frequencies not in accordance with the frequencies specified in the license of using frequencies and transmitters of radio for equipment with a capacity of more than 500 W and less than or equal to 1 kW.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed per a device for one of the following acts:

a) Using frequencies, transmitters of radio with capacity of more than 1 kW and less than or equal to 5 kW without a license;

b) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or fail to ensure the other technical standards as prescribed by Vietnam law for the transmitters with capacity of more than 10 kW and smaller than or equal to 20 kW;

c) Using frequencies, transmitters of radio with capacity of more than 1 kW and less than or equal to 5 kW when having the decision to suspend or terminate the operations by the competent state agencies;

d) Using frequencies not in accordance with the frequencies specified in the license of using frequencies and transmitters of radio for equipment with a capacity of more than 1 kW and less than or equal to 5 kW.

6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed per a device for one of the following acts:

a) Using frequencies, transmitters of radio with capacity of more than 5 kW and less than or equal to 10 kW without a license;

b) Broadcasting exceeding the capacity specified in the license of using radio frequencies and radio transmitters or failing to ensure the other technical standards as prescribed by Vietnam law for the transmitters with capacity of more than 20 kW;

c) Using frequencies, transmitters of radio with capacity of more than 5 kW when having the decision to suspend or terminate the operations by the competent state agencies;

d) Using frequencies not in accordance with the frequencies specified in the license of using frequencies and transmitters of radio for equipment with a capacity of more than 5 kW;

7. A fine of between VND 30,000,000 and 40,000,000 shall be imposed per a device for acts of using earth satellite stations not in accordance with the provisions in the license.

8. A fine of between VND 40,000,000 and 50,000,000 shall be imposed per a device for one of the following acts:

a) Using frequencies and satellite orbits, radio equipment of satellite communication inconsistent with the provisions in the license;

b) Failing to comply with the provisions on communications when the aircraft or ships of Vietnam or foreign countries enter, leave, and stay at the airports and seaports of Vietnam;

c) Using frequencies outside the frequency band limits granted under the license;

d) Maximum radiation level outside the frequency band beyond the permissible level in the licenses of using the frequency band;

đ) Maximum radiation level outside the scope of coverage beyond the permissible level in the licenses of using the frequency band;

e) Using the wrong purpose or in contravention of the provisions of the radio frequency for the purposes of emergency, safety, search and rescue, defense and security;

g) Using earth satellite stations without licenses of using radio frequencies and radio equipment.

9. A fine of between VND 50,000,000 and 70,000,000 shall be imposed per a device for one of the following acts:

a) Using frequencies and satellite orbits without a license;

b) Useing frequencies and radio equipment with a capacity of more than 10 kW without license;

10. A fine of between VND 70,000,000 to 100,000,000 shall be imposed per a device for act of using unlicensed frequency band.

11. Forms of additional sanction:

a) Stripping the right to use license from 01 month to 03 months for violations prescribed at point c, d, đ, e, clause 8;

b) Confiscating material evidences and means to commit acts of violation specified at point c, clause 2 and point a, clause 3 and point a, clause 4 or point a, clause 5, point a, clause 6 and clause 7 and clause 9 and clause 10 of this Article.

12. Remedies:

Collecting arrear of fees of using frequencies within the time to use unlicensed frequencies for violations prescribed at point c, clause 2 and point a, clause 3 and point a, clause 4 or point a, clause 5; point a clause 6; and clause 9; and clause 10 of this Article.

Article 7. Violation of the regulations on transfer of rights to use radio frequencies

1. A fine of between VND 30,000,000 to 50,000,000 VND shall be imposed for one of the following acts:

a) Transferring rights to use radio frequencies without the written consent of the Ministry of Information and Communications;

b) Declaring dishonestly on the transferring record to get the right to use radio frequencies.

2. Remedies:

Forced to pay into the state budget the amount collected from the administrative violations stipulated in point a clause 1 of this Article.

Article 8. Violation of regulations on the renting or borrowing of radio equipment

1. A fine of between 500,000 VND to 1,000,000 VND shall be imposed for act of failing to fill completely into the contract of renting or borrowing radio equipment one of the following contents:

a) Name, address, telephone number (or other mode of communications) of the lessee or borrower of equipment);

b) The number of licenses of using radio frequencies and radio equipment;

c) Frequency of use;

d) Time of contact;

đ) Term of renting or lending of radio equipment;

e) Date of handing over radio equipment.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of failing to amend or supplement contents in the contract of renting or borrowing radio equipment when changing contents of the licenses of using radio frequencies and radio equipment.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Failing to make dossier of rental or lending of radio equipment;

b) Failing to keep a copy of people's identity card or valid passport of the individual of renting or borrowing certified in accordance with provisions; or a copy of the establishment decision or certificate of business registration or investment certificate of the renting, borrowing organization certified in accordance with provisions or a copy of radio operator certificate of the lessee, borrower or the contract of renting or borrowing radio equipment certified in accordance with provisions.

c) Failing to send the dossier of leasing, lending to the Radio Frequency Department, or sending the dossier of leasing, lending but has handed over the radio equipment within five days after sending.

4. A fine of between VND 10,000,000 to 20,000,000 VND shall be imposed for one of the following acts:

a) To declare dishonestly to rent or borrow equipment radio;

b) To let the object that is not defined in clause 1, Article 19 of the Law on Radio Frequency rent or to borrow radio equipment.

5. A fine of between VND 20,000,000 to 30,000,000 VND shall be imposed for one of the following acts:

a) Failing to terminate the contract of renting or borrowing radio equipment when the lessee, borrower is no longer the needs to hire, borrow or individual, organization of leasing, lending, hiring, borrowing commit law violations and subject to forms of license withdrawn or operation suspension;

b) Failing to cancel the contract of leasing or lending radio equipment within 07 days after receiving the notice requesting cancellation by the competent authority;

c) Cancelling the contract of leasing or lending radio equipment without sending written notice to the Center of regional radio frequency.

6. Remedies:

a) Forced to comply with the regulations of the law for the violations prescribed in clause 1, clause 2 and clause 3 of this Article;

b) Forced to terminate the leasing, lending radio equipment for the violations prescribed in clause 4 and points a, b, clause 5 of this Article.

Article 9. Violation of regulations on the common use of radio frequencies

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:

a) Calling for purposes other than for work, not the right objects, improper purpose of using in the licenses;

b) Establishing a call when the radio frequency channel is busy, unless related to emergency and safety human life;

c) Using the call sign, the identification signal not proper or failing to use call sign, the identification signal in accordance with provisions in the license of using radio frequencies and radio equipment;

d) Time of constant contact is beyond 5 minutes;

đ) Failing to set the call signs at the beginning or end of each call.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Transferring to the reserve frequency in the case of fixed frequency is not interfered or has not got other individual or organization to use;

b) Intentionally collecting or using information obtained from other radio stations using the same radio frequency.

3. A fine of between VND 5,000,000 to 10,000,000 VND shall be imposed for one of the acts of failing to use proper encryption granted by Radio Frequency Department when using encryption signal.

4. Remedies:

Forced to comply with the law regulations for the violations prescribed in clause 3 of this Article.

Article 10. Violation of regulations on the provision and use of equipment of radio frequencies without license

1. A fine of between 500,000 VND to 1,000,000 VND shall be imposed for acts of using equipment of the list of radio equipment without required to license but not complying with technical conditions and exploitation for radio equipment are exempted from license.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of production or importation or circulation of equipment of the list of radio equipment without required to license but failing to publish, to ensure appropriate equipment with technical conditions and exploitation.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for acts of producing or importing equipment of the list of radio equipment without required to license, but failing to match the parameters and criteria which have been published.

4. Remedies:

Forced to comply with the law regulations for the violations prescribed in clause 1, clause 2 and clause 3 of this Article.

Article 11. Violation of the regulations on fees, charges

The violations of fees, charges in the field of radio frequency are applied by the Decree of the Government stipulating the handling of administrative violations in the field of fees, charges.

Article 12. Violation of the regulations on certificates of radio operator

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:

a) Exploiting radio equipment of the professional skill required to have a certificate of radio operator but having no appropriate certificate of radio operator issued by the competent authority;

b) Declaring, providing untruthful information to be granted the certificate of radio operator.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Using person who has not got the certificate of radio operator or using person who has got the inappropriate certificate of radio operator for exploiting radio equipment of professional skill required to have certificate of radio operator;

b) Forging, erasing, fixing certificate of radio operator to operate radio equipment of professional skill required to have certificate of radio operator.

3. Forms of additional sanction:

Stripping the right to use certificate of radio operator for violations prescribed at point b, clause 1, point b, clause 2 of this Article.

4. Remedies:

Forced to comply with the law regulations or of the competent agency for violations prescribed in clause 1 and clause 2 of this Article.

Article 13. Violation of regulations on the use of radio frequencies and radio equipment in the emergency cases

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:

a) Using radio frequencies and radio equipment not specified in the license to call for emergency but failing to inform to the specialized management agencies within a maximum period of 15 days after the end of the emergency event;

b) Giving emergency alarm while vehicles, people are still in a state of safety without immediate measures for correction.

2. Remedies:

Forced to comply with the law regulations for violations prescribed in clause 1 of this Article.

Article 14. Violation of regulations on the planning of radio frequencies

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of production or import for use or circulation on the market of radio equipment, application equipment of radio waves not in compliance with the radio frequency planning of Vietnam.

2. Remedies:

Forced to recover, recycle, re-export radio equipment for acts of production, import committing administrative violations prescribed in clause 1 of this Article.

Item 2. VIOLATIONS OF REGULATIONS ON QUALITY OF RADIO EMISSION, RADIATION SAFETY, AND ELECTROMAGNETIC COMPATIBILITY

Article 15. Violation of regulations on the quality of radio emission

1. A fine of between VND 200,000 VND to 500,000 VND shall be imposed for the act of selling radio equipment of the list of radio equipment that may cause harmful interference required having compliance certificate, compliance announcement without certificate of compliance or compliance announcement or compliance mark.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of producing or importing radio equipment of the list of radio equipment that may cause harmful interference required having compliance certificate, compliance announcement before putting them into circulation on the market but failing to do one of the following activities:

a) Certificate of compliance;

b) Compliance announcement;

c) Use of compliance mark.

3. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for acts of producing or importing radio equipment of the list of radio equipment that may cause harmful interference required having compliance certificate, compliance announcement, but quality not matching the corresponding technical regulations which have been certified.

4. Remedies:

a) Forced to comply with the provisions of law for violations prescribed in clause 1 and clause 2 of this Article;

b) Forced to recover radio devices being circulated on the market; forced to change using purposes; to recycle or re-export radio equipment imported in violation of the provisions of clause 3 of this Article.

Article 16. Violation of regulations on radio radiation safety

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Selling equipment of the list of radio equipment, application device of radio waves that may cause unsafe radio radiation required having compliance certificate, compliance announcement, but having no compliance certificate, compliance announcement or compliance mark;

b) Failing to comply with regulations on assurance of radio radiation safety when using the radio stations, radio equipment, and application device of radio waves.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of producing or importing equipment of the list of radio equipment, application device of radio waves that may cause unsafe radio radiation before putting it into circulation on the market or use, but failed to make one of the following activities:

a) Certificate of compliance;

b) Compliance announcement;

c) Use of compliance mark.

3. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for acts of putting radio stations of the list of radio stations subject to compulsory inspection of radio radiation safety into use, but failed to expertise.

4. Remedies:

Forced to recover, suspend the use of radio equipment, application device of radio waves for violations prescribed in clause 1, clause 2 and clause 3 of this Article.

Article 17. Violation of regulations on management of electromagnetic compatibility

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Selling electronic, electrical equipment, with radio radiation on the list of equipment that may cause unsafe due to electromagnetic incompatibility prescribed in clause 3 or clause 4, Article 15 of the Law of Radio Frequency but without compliance certificate, compliance announcement or compliance mark;

b) Failing to comply with provisions on the management of electromagnetic compatibility when using electronic, electrical appliances with radio radiation.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of manufacturing or importing electronic, electrical equipment with radio radiation of the list of equipment that may cause unsafe due to electromagnetic incompatibility prescribed in clause 3 or clause 4, Article 15 of the Law of Radio Frequency before putting it into circulation on the market but failed to make one of the following activities:

a) Certificate of compliance;

b) Compliance announcement;

c) Use of compliance mark.

3. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for acts of manufacturing or importing electronic, electrical equipment with radio radiation of the list of equipment that may cause unsafe due to electromagnetic incompatibility prescribed in clause 3 or clause 4, Article 15 of the Law of Radio Frequency, but quality not matching the corresponding technical regulations which have been certified.

4. Remedies:

a) Forced to comply with the provisions of law for the violations prescribed in clause 1 and clause 2 of this Article;

b) Forced to recover electrical, electronic equipment which are being circulated on the market; forced to change using purposes; to recycle or re-export electrical, electronic equipment imported in violation of the provisions of clause 3 of this Article.

Item 3. VIOLATION OF REGULATIONS ON HANDLING OF HARMFUL INTERFERENCE

Article 18. Violation of regulations on harmful interference

1. Warning or a fine of between 500,000 VND to 1,000,000 VND shall be imposed per a device or a source of interference for the act of failing to comply with the technical standards as prescribed by law for the management of electromagnetic compatibility (EMC) for radio equipment, appliances of radio waves and radio radiation devices cause harmful interference to:

a) Public telecommunication networks, private-used telecommunication networks and specialized telecommunication networks;

b) Channel, frequency broadcasting radio, television or receiving or broadcasting other radio.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the acts of using radio transmitters not ensuring the technical regulations or not complying with the provisions of the State competent agencies causing harmful interference to private-used telecommunication network, specialized telecommunications networks or channel, frequency broadcasting radio, television or receiving or broadcasting other radio in the provinces and cities under central authority.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for act of using radio transmitters of improper provisions stated in the licenses or improper provisions of the state competent agencies causing harmful interference to:

a) International and domestic public fixed telecommunication networks;

b) Private-used telecommunication network, specialized telecommunications networks or channel, frequency broadcasting radio, television, or receiving, broadcasting other radio with nationwide scale;

c) Public mobile telecommunication networks, public satellite fixed telecommunication networks and public satellite mobile telecommunication networks and public maritime radio communication network.

4. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of using radio transmitters of improper provisions stated in the licenses or improper provisions of the state competent agencies causing harmful interference to:

a) The system of national telecommunications backbone;

b) Private-used telecommunication network, specialized telecommunications networks or channel, frequency broadcasting radio, television or receiving, broadcasting national and international radio;

c) Frequency of calls, on duty, rescue, security message, signal of national and international standards.

5. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for one of the following acts:

a) Using radio transmitter intentionally causing harmful interference to hinder the operation of information of the networks and other radio information systems;

b) Using radio transmitter causing harmful interference, but not implementing the requirements of competent state management agencies on the application of necessary technical measures to correct the interference;

c) Failing to apply measures as prescribed or requested by the competent agencies to handle harmful interference.

6. A fine of between VND 70,000,000 VND and 100,000,000 VND shall be imposed for one of the following acts:

a) Using the equipment causing harmful interference to wireless communication of navigation, safety, search and rescue, defense and security as requested to stop using the equipment by the competent state agencies;

b) Destroying the technical infrastructure of radio or illegally obstructing the construction of radio technical infrastructure legally.

7. Forms of additional sanction:

Confiscating material evidences and means used for administrative violations prescribed in clause 6 of this Article.

8. Remedies:

a) Forced to comply with the provisions of law on the management of electromagnetic compatibility (EMC) for violations in clause 1 of this Article;

b) Forced to compensate damages or forced to restore the original state due to conduct the violations specified at point b, clause 6 of this Article.

Section 4. VIOLATION OF REGULATIONS ON REGISTRATION, INTERNATIONAL COOPERATION ON RADIO FREQUENCIES, SATELLITE ORBITS

Article 19. Violation of regulations on international registration on radio frequencies, satellite orbits

1. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of failing to conduct the procedures in accordance with provisions for registration, the international coordination of radio frequencies, and satellite orbit in the following cases:

a) Using radio frequencies and equipment that may cause harmful interference to radio operations of the other countries;

b) Using radio frequencies for international radio communication system;

c) Using radio frequencies have been allocated to other countries by international organization;
d) Using radio frequencies of one of the cases required to make the coordination under the international agreements or treaties to which Vietnam is a member.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for acts of declaration of untruthful information in the registration dossier of radio frequencies and satellite orbits or registration dossier of radio frequencies.

3. Forms of additional sanction:

Stripping the right to use license of using radio frequencies and satellite orbits from 01 to 03 months for the violations prescribed in clause 2 of this Article.

4. Remedies:

Forced to suspend the use of radio frequencies and equipment for the violations prescribed in clause 1 of this Article.

Article 20. Violation of regulations on international coordination

1. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of failing to participate in coordination of radio frequencies and satellite orbits, or radio frequencies with the radio frequency management agencies of the countries in accordance with the law regulations.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for acts of coordination with organizations using radio frequencies, satellite orbits abroad without the permission of the Ministry of Information and Communications.

3. Remedies:

Forced to suspend the coordination with organizations using radio frequencies, satellite orbits abroad as committing acts of violations defined in clause 2 of this Article.

Item 5. VIOLATION OF REGULATIONS ON REGIME OF REPORT, FAILURE OF EXECUTION OF INSPECTION AND CONTROL OF COMPETENT STATE AUTHORITY

Article 21. Violation of regulations on regime of report

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the act of delaying report up to 15 days compared with the regulations or at request of the competent state agencies.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Reporting incompletely as prescribed or requested by the competent state agencies;

b) Reporting later than 15 days compared with the regulations or at request of the competent state agencies.

3. A fine of between VND 5,000,000 to 10,000,000 VND shall be imposed for one of the following acts:

a) Failing to implement the regime of report as prescribed or requested by the competent state agencies;

b) Reporting dishonestly as prescribed or requested by the competent state agencies. 4. Remedies:

Forced to comply with regulations for the violations in clause 1, clause 2 and clause 3 of this Article.

Article 22. Acts of obstructing or opposing staffs, state agencies to perform their duties of inspection, inspection

1. Warning or a fine of between VND 1,000,000 to 2,000,000 VND shall be imposed for one of the following acts:

a) Failing to provide or providing incompletely concerned documents, papers as requirements of persons who are competent to inspect and examine;

b) Failing to declare or declaring improper contents related to inspection and examination;

c) Concealing records, material evidences, means, and equipment of violations;

d) Interfering illegally the inspection and examination by competent persons who are on duty;

đ) Speaking, having acts of reviling, threatening, insulting the honor and dignity of persons who are on duty but not serious enough for criminal prosecution.

2. A fine of between VND 5,000,000 to 10,000,000 VND shall be imposed for one of the following acts:

a) Dispersing records, documents and equipment related to the content of inspection, examination or dispersing the violating material evidences and means which are being temporarily kept;

b) Arbitrarily removing seal of violating material evidences and means which are being sealed or temporarily kept;

c) Making or falsifying records, documents, and data to report as required.

3. A fine of between VND 10,000,000 and 20,000,000 VND shall be imposed for one of the following acts:

a) Delaying or evading the implementation of inspection decision;

b) Failing to coordinate with the professional management agencies of radio frequencies to detect sources of interference or handle interference.

4. Forms of additional sanction:

a) Stripping the right to use license from 01 month to 03 months for the violations prescribed in clause 1, clause 2 and clause 3 of this Article;

b) Confiscating material evidences and means used for administrative violations prescribed in clause 2 of this Article.

5. Remedies:

Forced to recover records, documents, equipment, material evidences, and means which have been dispersed for the violations specified at point a, clause 2 of this Article.

Chapter 3.

COMPETENCE AND PROCEDURES TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 23. The competence to sanction administrative violations of the specialized inspectors of radio frequencies

1. Specialized inspectors of information and communications, those who are assigned tasks of specialized inspection on radio frequencies to be on duty are competent:

a) Warning;

b) Imposing a fine of up to VND 500,000;

c) Confiscating material evidences and means used for administrative violations at value of up to VND 2,000,000;

d) Applying remedies: as prescribed at the points a and c, clause 3, Article 4 of this Decree;

đ) Exercising the rights stipulated in point 2, clause 19, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and clause 2 of Article 48 of the Ordinance on Handling of Administrative Violations in 2002.

2. Chief Inspector of the Department of Information and Communications, the head of the agency assigned the tasks to perform the function of specialized inspection of radio frequencies are competent:

a) Warning;

b) Imposing a fine of up to VND 30,000,000;

c) Stripping the right to use licenses or practice certificates;

d) Confiscating material evidences and means used for administrative violations;

đ) Applying remedies as prescribed at the points a, c, d, clause 3, Article 4 of this Decree;

e) Exercising the rights stipulated in point 1, clause 19, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008.

3. Chief Inspector of the Ministry of Information and Communication is competent:

a) Warning;

b) Imposing a fine of up to VND 100,000,000;

c) Stripping the right to use licenses or practice certificates under their jurisdiction;

d) Confiscating material evidences and means used for administrative violations;

đ) Applying remedies as prescribed at the points a, c, d, clause 3, Article 4 of this Decree;

e) Exercising the rights stipulated in point 1, clause 19, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008.

4. Specialized inspectors of information and communications, those who are assigned task of specialized inspection of radio frequencies, Chief Inspector of the Department of Information and Communications, the head of the agency assigned to perform the function of specialized inspection of radio frequency, the Chief Inspector of the Ministry of Information and Communications are competent to sanction administrative violations on frequency, fees and charges for use of radio frequencies in accordance with the law regulation.

Article 24. Competence to sanction of other specialized inspectors

In the jurisdiction scope of state management stipulated by the Government, inspectors and chief inspectors of the other specialized inspection agencies are competent to sanction for the administrative violations in management and use of radio frequencies in the field of their state management.

Article 25. Competence to sanction of the People's Committees at all levels

Presidents of People's Committees at all levels are competent to sanction under their competence as provided for in the clauses 4, 5, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and Article 30 of the Ordinance on Handling of Administrative Violations in 2002 which was amended in the Ordinance amending some Articles of the Ordinance on Handling of Administrative Violations in 2008 within the areas under their management for the administrative violations on the radio frequencies specified in this Decree.

Article 26. Competence to sanction of the people's Public Security, border guards, coast guard, customs, tax offices, market management agencies

People's Public Security Agency, Border Guard, Coast Guard, customs, tax offices, market management agencies are competent to sanction under their competence as provided for in the clauses 6, 7, 8, 9, 11 of Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and Article 37 of the Ordinance on Handling of Administrative Violations in 2002 for administrative violations on radio frequencies directly related to their management fields specified in this Decree.

Article 27. Determination of competence to sanction administrative violations

1. In the case of administrative violation under the competence to sanction of many people, it shall be sanctioned by the person who first receives the case.

2. The competence to sanction of the persons specified in Articles 23, 24, 25 and 26 of this Decree is the competence applied for an administrative violation. In the case of fine, the sanctioning competence shall be determined based on the maximum level of the fine bracket prescribed for each specific violation.

3. In the case of sanctioning a person who commits many administrative violations, the sanctioning competence shall be determined according to the principles stipulated in point 3, clause 17, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008.

Article 28. Procedures for handling of administrative violations and enforcement of sanctioning decision

1. Procedures for handling administrative violations in accordance with provisions of the Ordinance on Handling of Administrative Violations in 2002, the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and Decree No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of some Articles of the two above Ordinances.

2. The application of coercive measures for the implementation of decisions on handling of administrative violations shall comply with the provisions of Decree No.37/2005/NĐ-CP March 18, 2005 of Government stipulating the procedures to apply measures to enforce the decision of handling of administrative violations and clause 27, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of administrative Violations in 2008.

3. The cases of administrative violations sanctioned must be made ​​records and kept fully at the sanctioning agencies within the time limit as prescribed by law.

Article 29. Forms of record, decisions used in the handling of administrative violations in the field of radio frequency

Issued together with this Decree is the Appendix of records forms and decisions used in the handling of administrative violations in the field of radio frequency.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 30. Effect

This Decree takes effect from September 01, 2011 and annul Item 3 of Chapter II of Decree No.142/2004/ND-CP of July 08, 2004 of the Government defining the handling of administrative violations on post, telecommunications and radio frequencies.

Article 31. Responsibility for implementation

Minister of Information and Communications, ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairmen of People's Committees of provinces and centrally-run cities are responsible for the implementation of this Decree.