Chương III Nghị định 58/2016/NĐ-CP quy định chi tiết về kinh doanh sản phẩm, dịch vụ mật mã dân sự và xuất khẩu, nhập khẩu sản phẩm mật mã dân sự: Thanh tra, kiểm tra, xử lý vi phạm

Chapter III

INSPECTION AND PENALTIES

Article 7. Inspection

1. Government Cipher Committee shall lead and cooperate with relevant ministries, agencies and local authorities to conduct inspections of the trade in civil cryptography products and services and the use of civil cryptography products.

2. Traders of civil cryptography products and services and users of civil cryptography products shall accord the inspections by competent governmental authorities as per the laws on inspection.

Article 8. Handling of violations of regulations on the sale and provision of civil cryptography products and services and the use of civil cryptography products

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed against the following activities:

a) Sell, transfer, lease or lend the license to sell and provide civil cryptography products and services or the license to import and export cryptography products;

b) Erase or alter the print on the license to sell and provide civil cryptography products and services or the license to import and export cryptography products;

c) Submit no application for amendment upon changes in names, legal representative or civil cryptography products or services;

d) Submit of no application for re-issuance of a license lost or ruined;

dd) Fail to report or delaying reporting to the Government Cipher Committee on the trade in civil cryptography products and services, the exportation or importation of civil cryptography products or the summarized information of customers;

e) Use civil cryptography products, not provided by an enterprise license to sell and provide civil cryptography products, but fail to report to the Government Cipher Committee;

g) Fail to record, retain and secure the information on customers, names, types, quantity and uses of civil cryptography products and services.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed against business activities that contravene the license to sell and provide civil cryptography products and services or the license to export and import civil cryptography products.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed against:

a) Sale of civil cryptography products and services, exportation or importation of civil cryptography products without a license to sell and provide civil cryptography products and services or a license to import and export civil cryptography products; or commercial provision of civil cryptography products and services with an expired license;

b) Failure to cease or terminate the provision of civil cryptography products and services for purposes of national defense, national security, social order or safety upon requests by competent governmental authorities;

c) Failure to cooperate or support competent governmental authorities' performing professional measures upon requests;

d) Refusal to provide essential information on cryptographic keys upon requests by competent governmental authorities.

4. Additional penalties:

a) Suspension of the license to sell and provide civil cryptography products and services and the license to import and export civil cryptography products in 01 to 03 months against violations defined in point a and b of, section 1 and section 2 of this Article;

b) Seizure of exhibits and instruments through which the violations are committed according to point c, section 1 and section 3 of this Article.

Article 9. Authority to impose penalties

1. Cipher inspectors on duty are authorized to:

a) Issue warnings;

b) Seize exhibits and instruments that facilitate the administrative violations; however, the highest worth of items seized is VND 500,000;

c) Carry out remedial measures.

2. Chief cipher inspectors and leaders of the professional inspectorate are authorized to:

a) Issue warnings;

b) Impose fines that do not exceed VND 50,000,000;

c) Suspend the license or business activities in temporary manner;

d) Confiscate exhibits and instruments that facilitate the administrative violations; however, the worth of items seized shall not exceed the value of the fine as stated in point b of this section;

dd) Carry out remedial measures.

3. Chairpersons of district People's Committees are authorized to:

a) Issue warnings;

b) Impose fines that do not exceed VND 25,000,000;

c) Suspend the license or business activities in temporary manner;

d) Confiscate exhibits and instruments that facilitate the administrative violations; however, the worth of items seized shall not exceed the value of the fine as stated in point b of this section;

dd) Carry out remedial measures.

4. Chairpersons of provincial People's Committees are authorized to:

a) Issue warnings;

b) Impose fines that do not exceed VND 50,000,000;

c) Suspend the license or business activities in temporary manner;

d) Confiscate exhibits and instruments that facilitate the administrative violations; however, the worth of items seized shall not exceed the value of the fine as stated in point b of this section;

dd) Carry out remedial measures.

5. Police officers, border guards, coast guards, customs officials, market surveillance officials are authorized to impose penalties intra vires  against administrative violations concerning civil cryptography as defined in this Decree, as per section 4, 5, 6, 7, Article 39, Article 40, Article 41, Article 42 and section 4, Article 45 of the Law on handling of administrative violations n^o 15/2012/QH13 dated June 20, 2012.

Article 10. Authority to record administrative violations in writing

Individuals holding titles as defined in Article 9 of this Decree and civil cryptography officials on duty are authorized to make written records of administrative violations as per regulations.