Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to record administrative violations and the power to impose penalties against administrative violations in the following sectors:

a) Postal services;

b) Telecommunications, including trade in telecommunications services; establishment of telecommunications networks and provision of telecommunications services; planning, design, construction and operation of telecommunications facilities; planning, management and use of telecommunications and internet resources; management of telecommunications quality and services;

c) Radio frequencies;

d) Information technology (IT), including IT industry; investment and procurement; cyberinformation security; prevention of spam emails and messages; social networks, websites, online and public electronic gaming services;

dd) Electronic transactions.

2. Administrative violations in other state management sectors that are related to the sectors specified in Clause 1 of this Article but are not prescribed in this Decree shall be handled according to Decrees on penalties for administrative violations in corresponding sector.

Article 2. Regulated entities

1. Vietnamese and foreign organizations and individuals (hereinafter referred to as “entities”) that commit administrative violations specified in this Decree.

2. Organizations incurring penalties as prescribed herein include:

a) Enterprises operating in postal services, telecommunications, radio frequencies, information technology and electronic transactions;

b) Providers of postal services, telecommunications services and online gaming services;

c) Organizations acting as Internet agencies;

d) Representatives/ representative offices of foreign postal service providers; branches of postal service providers;

dd) Points of telecommunications services (hereinafter referred to as “POS”); points of public electronic gaming services;

e) Public Internet access points;

g) Providers of cellular network-based information services;

h) Entities operating in radio and television broadcasting with use of radio frequencies;

i) Administrative units, social organizations and socio-political organizations that use radio frequencies;

k) Non-governmental organizations (NGOs) that use radio frequencies;

l) Domain name registrars;

m) Information system operators;

n) Regulatory authorities committing violations that are not related to their assigned management tasks;

o) Organizations other than regulatory authorities that commit the violations in sectors specified in Clause 1 Article 1 hereof.

Article 3. Penalties and remedial measures

1. Primary penalties:

a) Warnings;

b) Fines.

2. Depending on the nature and severity of each administrative violation, the violating entity may face one or some of the following additional penalties:

a) The following license shall be suspended for a fixed period of 01-24 months: Postal service license, telecommunications license, license for establishment of telecommunications network, submarine cable installation license, license to use radio frequencies, license for trading in cyberinformation security products and services, license for establishment of social network, license to provide G1 gaming services, license to provide public digital signature certification services, and practicing license/certificate.

b) The exhibits and instrumentalities used for committing administrative violations in postal services, telecommunications, radio frequencies, IT and electronic transactions sectors shall be confiscated;

c) The violating entity’s operation shall be suspended for a fixed period of 01 - 24 months;

d) Deportation.

3. In addition to the primary and additional penalties, the violating entity shall be also liable to one or some of the following remedial measures:

a) Enforced return of total amounts subscribed to primary accounts of Subscriber Identity Modules (SIM). If it is unable to determine the exact amounts of money paid to SIM cards, the amount payable on each SIM shall be calculated by adopting the following formula: VND 100,000 x the number of months in which the violation occurs;

b) Enforced repurposing or recycling;

c) Enforced recall of subscriber numbers, prefixes and telecommunications numbers;

d) Enforced recall of Internet resources, Internet Protocol (IP) addresses and Autonomous System Number (ASN);

dd) Enforced recall of management codes, service-providing codes;

e) Enforced return of IP addresses, ASNs and domain names;

g) Enforced return of fees for use of radio frequencies for the period during which radio frequencies have been used without a valid license or for unlicensed operations or with unlicensed transmission method;

h) Enforced return of radio operator certificates;

i) Enforced return of postal items;

k) Enforced payment of the successful bid for the rights to use Internet resources;

l) Enforced re-export of articles and/or goods prohibited from import/postage stamps;

m) Enforced recovery of improperly spent funding;

n) Enforced invalidation of results of auction of rights to use radio frequencies;

o) Enforced return of written permission for processing/repair of used IT products;

p) Enforced removal of incorrect or misleading information or information infringing laws.

q) Proposed revocation of license due to the commission of violation.

r) Enforced return of written certification of notification of postal operations.

Article 4. Fines and power to impose fines

1. The maximum fine for an administrative violation in postal services or electronic transactions sector imposed upon an individual is VND 40,000,000.

2. The maximum fine for an administrative violation in telecommunications, radio frequencies or IT sector imposed upon an individual is VND 100,000,000.

3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.

4. The fines imposed by the competent persons prescribed in Chapter VIII hereof are incurred by organizations; the fine that a competent person may impose upon an individual shall be half the one he/she imposes on an organization for the same violation.