Chương 3 Nghị định 174/2013/NĐ-CP: Hành vi vi phạm hành chính trong lĩnh vực viễn thông, internet, hình thức xử phạt và biện pháp khắc phục hậu quả

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.

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