Chương 3 Nghị định 120/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực quốc phòng, cơ yếu: Xử phạt vi phạm hành chính trong lĩnh vực cơ yếu

Chapter 3.

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CRYPTOGRAPHY

SECTION 1. ADMINISTRATIVE VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 44. Violations against regulations on use of cryptographic products not provided by Government Cipher Commission to protect information pertaining to state secrets

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon use of cryptographic techniques and products not provided by Government Cipher Commission to protect information pertaining to state secrets.

2. Additional penalty: confiscation of cryptographic techniques and products used for the violation mentioned in Clause 1 herein.

Article 45. Violations against regulations on state secret protection during transmission of confidential information via information or telecommunications equipment or storage of confidential information using electronic or computer devices without encryption using keys provided by cryptography forces

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon the following violations:

a) Failure to encrypt state secret information transmitted via information or telecommunications equipment using keys provided by cryptography forces;

b) Failure to encrypt state secret information stored in electronic or computer devices and on telecommunications networks using keys provided by cryptography forces.

2. Remedial measures: enforced use of technical and professional measures of Government Cipher Commission to ensure safety and confidentiality of state secret information transmitted via information or telecommunications equipment or stored in electronic or computer devices.

Article 46. Violations against regulations on period of ineligibility for cryptographic operations and regulations on production and provision of cryptographic products for protection of information pertaining to state secrets

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon cryptography personnel who have retired, switched to another profession, moved to another workplace or resigned and participate in cryptographic activities of organizations and individuals outside of the cryptography sector within 5 years after the decision issuance date.

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon production and provision of cryptographic products to regulatory bodies and organizations for state secret protection without permission of Government Cipher Commission.

3. Additional penalty: confiscation of exhibits and instrumentalities used to commit the violations mentioned in Clause 2 herein.

SECTION 2. POWER TO IMPOSE PENALTIES UPON ADMINISTRATIVE VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS

Article 47. Power to impose penalties of cryptography inspectorates

1. On-duty cryptography inspectors have the rights to:

a) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 500.000;

b) Impose the remedial measures mentioned in Section 1 Chapter III herein.

2. Chief Government Cryptography Inspector and heads of cryptography inspectorates have the rights to:

a) Impose fines of up to VND 25.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 25.000.000;

c) Impose the remedial measures mentioned in Section 1 Chapter III herein.

Article 48. Power to impose penalties of Head of Government Cipher Commission

Head of Government Cipher Commission has the power to:

1. Impose fines of up to VND 50.000.000;

2. Confiscate exhibits and vehicles used to commit administrative violations;

3. Impose the remedial measures mentioned in Section 1 Chapter III herein.

Article 49. Power to issue notices of administrative violations against cryptography regulations

1. Persons having power to impose penalties mentioned in Articles 47 and 48 of this Decree.

2. On-duty cryptography personnel.