Nghị định 83/2011/NĐ-CP xử phạt hành chính trong lĩnh vực viễn thông

DECREE

DEFINING HANDLING OF ADMINISTRATIVE VIOLATIONS IN THE SECTOR OF TELECOMMUNICATION

THE GOVERNMENT

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

Pursuant to the Law on Telecommunication dated November 23, 2009;

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

At the proposal of the Minister of Information and Communications,

DECREES:

Chapter.

GENERAL PROVISIONS

Article 1. Scopeof governing

1. This Decree prescribes the sanction of administrative violations on telecommunication activities, including investment, trade of telecommunication; public-utility telecommunication; management of telecommunication; rights and obligations of organizations and individuals engaged telecommunication activities.

2. The other administrative violations in the telecommunication sector are not regulated in this Decree shall apply the provisions of the other Decrees of the Government on sanctioning administrative violations in the field of State management in connection with sanctions.

Article 2. The principles for sanctioning

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

Article 3. Prescription for sanctioning

1. The prescription for sanctioning administrative violations in the telecommunication sector is one year from the date of administrative violation is made.

2. For the individuals who had sued, prosecuted or had decision to bring the case of violation in the telecommunication sector to trial under the criminal proceedings, but later had decision to suspend the investigation or suspend the case but the violation has sign of administrative violations, it shall be sanctioned administrative violations; within 03 days from the date of the decision to suspend the investigation, suspend the case, person who has decided must send its decision to the person who is competent to sanction; in this case, the prescription for sanctioning administrative violations is three months from the date that the person who is competent to sanction receives the decision to suspend  and dossiers of the violation case.

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

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

Article 4. The sanction forms for administrative violations in the telecommunication sector and the remedies

1. For each administrative violation, organizations and individuals committing violations must bear one of the following forms of administrative violations:

a) Warning;

b) Fine.

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

a) Stripping the right to use types of licenses for a period or an indefinite term;

b) Confiscating material evidences and means used for administrative violations.

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

a) Forced to restore the initial state altered due to administrative violations;

b) Forced to bring out of the territory of Vietnam or re-export goods, articles, or means relating to administrative violations in the telecommunication sector.

c) Forced to destroy articles or remove the contents of electronic information on telecommunication networks containing harmful contents to the spirit, human health, affecting the habits and fine customs;

d) Forced to withdraw or refund expenditure improperly collected or recover material evidence and means which have been dispersed;

đ) Forced to terminate provision or use of telecommunication services;

e) Forced to recover the telecommunication first numbers, number store.

4. Foreigners committing administrative violations may also be expelled. Expulsion applied is a form of principle sanction or additional sanction in each particular case.

Chapter 2.

ADMINISTRATIVE VIOLATIONS ON TELECOMMUNICATION, FORMS, AND LEVELS OF SANCTIONS

Item 1. VIOLATIONS OF REGULATIONS ON TRADING TELECOMMUNICATION

Article 5. Violation of the regulations on telecommunication service agents and authorized transaction places

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

a) Setting up system of terminals outside the location agreed upon in agent contracts of telecommunication service or authorized transaction places to provide services;

b) Providing telecommunication services not in compliance with the time as prescribed by local authorities;

c) Acting as agent of telecommunication services or authorized transaction places but not meeting the conditions and standards of the telecommunication service agent or an authorized transaction places.

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

a) Failing to sign agent contract of telecommunication services but still providing services for users or resale of telecommunication services;

b) Failing to provide necessary information related to the use of telecommunication services for service users.

3. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for the acts of providing service for users of telecommunication services violating the provisions of Article 12 of the Law on Telecommunication.

Article 6. Violations of the regulations on the use of telecommunication services and telecommunication subscribers

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

a) Use, lease, lending of subscriber terminals, specialized telecommunication goods brought to the border aiming at transmitting international telephone traffic to Vietnam;

b) Use of telecommunication service violating one of the prohibited acts in the telecommunication activities specified in clauses 3, 4, 5 and 6 of Article 12 Law on Telecommunication.

2. Forms of additional sanction:

a) Confiscating material evidences and means used for administrative violations prescribed at point a, clause 1 of this Article;

b) Expelling the foreigners who violate the provisions in clause 1 of this Article.

Article 7. Violation of regulations on ownership in trading telecommunication services

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

a) Failing to report to specialized management agencies in telecommunication when there is a change of organization or individual owning more than the prescribed level for charter capital or shares of the enterprise;

b) Failing to make the plan to restructure ownership capital for telecommunication enterprises of the list decided by the Prime Minister;

c) Failing to timely conduct restructuring of ownership capital for telecommunication enterprises of the list decided by the Prime Minister.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for acts of failing to restructure the ownership capital for telecommunication enterprises of the list decided by the Prime Minister.

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

a) Holding the dominant shares not in compliance with regulations for the enterprises on the list which the enterprises provide services with network infrastructure held dominant shares by the State;

b) And owning more than the specified level for the charter capital or shares in two or more various telecommunication enterprises at the same time trading telecommunication services on the list of telecommunication services provided by the Ministry of Information and Communications.

Article 8. Violation of regulations on investment commitments

A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for acts of failing to make investment commitments.

Article 9. Violation of regulations on competition

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the telecommunication enterprises with dominant position on the market, telecommunication enterprises holding essential means to conduct one of the following acts:

a) Failing to perform statistics or separate accounting for telecommunication services holding dominant market shares;

b) Failing to promptly provide for other telecommunication enterprises the technical information on essential facilities or necessary related commercial information to provide services.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for the telecommunication enterprises with market dominant position, telecommunication enterprises holding essential means of taking advantage of telecommunication networks and essential facilities to hinder market access, limitations, making difficulties for the provision of telecommunication services of other telecommunication enterprises.

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

a) Proposal of exemption under the provisions of the Competition Law, but not approved in advance in writing of the Ministry of Information and Communications;

b) Failing to notify the specialized management agency in the telecommunication before conducting the economic concentration with combined market share of from 30% or more on the related services market.

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

a) Telecommunication enterprises with a market dominant position, telecommunication enterprises holding essential means using information of other enterprises for unfair competition;

b) Telecommunication enterprises with a market dominant position, telecommunication enterprises holding essential means to offset the telecommunication services for unfair competition.

Item 2. VIOLATIONS OF REGULATIONS ON PUBLIC-UTILITY TELECOMMUNICATION

Article 10. Violation of regulations on provision of public-utility telecommunication services

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

a) Failing to implement or implementing insufficiently the type of provision of public-utility telecommunication services according to regulations;

b) Failing to present funding or the support content of public-utility telecommunication services of the State as prescribed.

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

a) Applying the area provided public-utility telecommunication services not in compliance with regulations;

b) Failing to comply with obligations on building, browsing, adjusting the plan on provision of public-utility telecommunication services as appointed by the competent State agent;

c) Failing to carry out the construction investment projects on provision of public-utility telecommunication services as appointed by the competent State agent.

d) Delaying to contribute the finance to the fund of public-utility telecommunication services in accordance with provisions of the competent State agency.

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

a) Contributing to the fund of public-utility telecommunication services of Vietnam not in compliance with regulations;

b) Using funds to be supported for the implementation of policies of public-utility telecommunication services for improper purposes.

4. Remedies:

Forced to recover funds spent wrongly for the violations specified at point a clause 2 and point b, clause 3 of this Article.

Article 11. Violation of the regulations on the policy of public-utility telecommunication

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of applying policy of public-utility telecommunication not in compliance with subjects.

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

a) Propagating, advertising to create the misunderstanding of public-utility telecommunication services supported by the enterprises;

b) Implementing public-utility telecommunication policy not in compliance with regulations.

3. Remedies:

Forced to recover or refund charges applied wrongly for violations prescribed in clause 1 of this Article.

Item 3. VIOLATIONS OF REGULATIONS ON SETTING UP NETWORK AND PROVISION OF TELECOMMUNICATION SERVICES

Article 12. Violations of the regulations on provisions of telecommunication services

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of failing to list the service manuals and the number of emergency telecommunication services, support services for lookup of fixed phone subscribers.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for acts of damage or improper use of purpose of the public phone booth.

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

a) Failing to provide necessary information related to the use of telecommunication services for service users;

b) Applying form contract without the approval of the specialized management agency in telecommunication for telecommunication services of the list required to have form contracts;

c) Failing to apply the form contract unified in the entire enterprise for telecommunication services of the list required to have form contracts.

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

a) Failing to register form contract for use of telecommunication services for telecommunication services of the list required to have form contracts;

b) Providing telecommunication services not in compliance with provisions in the permit;

c) Failing to comply with regulations on the resale of telecommunication services;

d) Providing the basic telecommunication services or value-added telecommunication services without the consent of telecommunication subscribers; requiring users to certify by the subscriber terminals, terminals that they agree or do not agree to use basic telecommunication services or value added telecommunication services.

5. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for act of supplying telecommunication services across borders to users in the territory of Vietnam not through a business contract or commercial agreement with Vietnamese enterprises that have been licensed to provide international telecommunication services.

6. A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for act of installing telecommunication equipment to transfer illegally traffic of telecommunication services from Vietnam to abroad or from abroad into Vietnam in any form.

7. Forms of additional sanction:

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

8. Remedies:

a) Forced to restore the original state already altered due to administrative violations for the acts prescribed in clause 2 of this Article;

b) Forced to recover profits due to administrative violations for the acts prescribed at point d, clause 4 and clause 5 of this Article.

Article 13. Violation of regulations on failure to terminate services

A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of continuing to provide telecommunication services upon having had the competent state agencies’ documents to require termination of the contract with the telecommunication service users.

Article 14. Violation of provisions on cessation of trading services

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

a) Cessation of trading telecommunication services when informing users and other concerned parties or publishing in the mass media not sufficient 30 days;

b) Cessation of trading telecommunication services without notice to users of telecommunication services and other concerned parties or failure to publish in the mass media or notice, publication of information not sufficient under requirements;

c) Cessation of trading part or all telecommunication services when sending documents to notify the specialized management agency in telecommunication for a period of not enough 60 days;

d) Failure to send records to notify the specialized management agency in telecommunication as ceasing to trade part or all telecommunication services which have been licensed.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for telecommunication carriers holding essential means, telecommunication carriers dominating the market, public-utility telecommunication services providers to make one of the following acts:

a) Cessation of trading the service without submitting to the Ministry of Information and Communications the enterprise reorganization plan to ensure the continuity to provide services to users;

b) Cessation of trading part or whole of the telecommunication services when it has not been approved in writing by the Ministry of Information and Communications.

Article 15. Violation of the regulations on professional communication

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of application of professional communication regime not in compliance with subjects.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of failing to detail subjects, scope, and level of use or failing to promulgate the Regulations on management of enterprise internal professional communications.

Article 16. Violation of regulations on support services to lookup number of fixed phone subscribers

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of providing service 116 not meeting one of the quality criteria.

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

a) Failing to assist to look up for fixed phones numbers of telecommunication carriers registered in public telephone directories;

b) Failing to establish methods of assistance for looking up fixed phones subscribers’ numbers as prescribed;

c) Failing to implement or implementing not in compliance with the system to provide backup service 116;

d) Putting information of the name or address or other concerned information into the public phone directory when subscribers refused registration of information.

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

a) Failing to assure enough space or on time when providing trunk gateway of Office connected to the system to provide service 116;

b) Providing incomplete or not assuring database time of services 116;

c) Failing to route the call 116 to the system to provide service 116;

d) Failing to provide database of fixed phones subscriber including information on the name, address, phone number and other concerned information to the enterprises providing service 116.

4. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of failing to provide free of charge to users of fixed phones service the public phone directory.

Article 17. Violation of regulations on emergency telecommunication services and information on the outage of number of fixed phones subscribers

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of failing to ensure the accessibility of users of telecommunication services to the emergency contact numbers or service to inform the outage of fixed phones subscribers.

2. Remedies:

Forced to restore the original state already altered due to administrative violations for the acts prescribed in clause 1 of this Article.

Article 18. Violation of the regulations on change of telecommunication subscribers

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

a) Failing to notify or informing not on time on the mass media before conducting the change of telecommunication subscriber numbers;

b) Failing to guide users of telecommunication services the dialing method after conducting change of telecommunication subscriber numbers;

c) Failing to report the specialized management agency in telecommunication as change of telecommunication subscriber numbers.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of changing telecommunication subscriber number not in compliance with records requesting for change of telecommunication subscriber number or not complying with the written approval of the specialized management agencies in telecommunication.

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

a) Changing the number of telecommunication subscribers without the written approval of the specialized management agency in telecommunication;

b) Failing to implement the technical measures to minimize the loss of contact before, during, and after the change of telecommunication subscriber numbers.

Article 19. Violation of the regulations on registration, storage, and use of subscriber information

1. Warning or a fine of between 200,000 VND and 500,000 VND shall be imposed for one of the following acts:

a) Providing or using inaccurate information when entering into contracts of using telecommunication services;

b) Failing to register the change of information when changing the subscriber.

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

a) Accepting papers not in compliance with provisions as receipt of registration of subscriber information;

b) Selling subscription SIM or terminal equipment of type not using SIM registered subscription information of the others.

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

a) Receiving registration of subscriber information when it is not authorized according to regulations;

b) Failing to meet the conditions as prescribed for registration place of subscriber information;

c) The transaction place owner does not comply with the receiving process of subscriber information registration;

d) Failing to report to the enterprise or competent State agency upon detection of violations in the process of registration, storage, and use of subscriber information;

đ) Failing to inspect, update, or transfer correctly to the enterprise the subscriber information registered in its transaction place;

e) Providing services for subscribers who supply incomplete or inaccurate subscriber information in accordance with provisions with the number of fewer than 100 subscribers;

g) Purchasing, selling, exchanging, or using devices with function to activate the subscription SIM, registration of subscription information without required breaking the SIM.

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

a) Authorizing the receipt of registration of subscriber information in contravention of regulations;

b) Failing to coach, train on processes, and procedures for registration of subscriber information for the registration place of subscriber information;

c) Failing to terminate provision of services for the subscriber providing inaccurate information in the case of enterprise’s self-detection;

d) Failing to provide subscriber information at the request of the competent State management agencies;

đ) Failing to terminate provision of services for the subscriber at the request of the competent State management agencies;

e) Providing services for subscribers who supply incomplete or inaccurate subscriber information in accordance with provisions with the number of from 100 subscribers to less than 300 subscribers;

g) Failing to connect the database of subscriber information at the request of the competent State management agencies;

h) Enterprises providing telecommunication service fail to comply with the provisions of the registration, storage or fail to use subscriber information.

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

a) Accepting subscriber information provided by the unauthorized transaction place owner;

b) Providing services for subscribers who supply incomplete or inaccurate subscriber information in accordance with provisions with the number of from 300 subscribers to 500 subscribers.

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

a) Failing to make technical systems, database to collect, store, manage subscriber information as prescribed;

b) Providing services for subscribers who supply incomplete or inaccurate subscriber information in accordance with provisions with the number of from 500 subscribers to or more.

7. Forms of additional sanction:

a) Confiscating material evidences used for administrative violations, except for the identity card or passport (exhibits as SIM, it is confiscated the account within SIM), for violations specified in point b, clause 2 and point c, g, clause 3 of this Article;

b) Confiscating the proceeds obtained due to administrative violations for the violations prescribed at point b, clause 2 of this Article.

8. Remedies:

Forced to comply with the decision of the competent State management agencies for the violations provided for in clause 1, clause 2, point e clause 3, points e, g, h, clause 4, point b, clause 5 and clause 6 of this Article.

Article 20. Violation of regulations on billing and payment of rates

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of billing telecommunication service rates payment incompletely or incorrectly for one of the following contents:

a) Rates and payable amount for each type of telecommunication service;

b) The total payable amount;

c) Value Added Tax.

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

a) Failing to provide for telecommunication subscribers free of charge a detailed list with a bill attached for telecommunication services upon the list of services provided by the Ministry of Information and Communications, unless otherwise agreed;

b) Call charges calculation from subscriber of fixed phones to emergency contact number or service 116 or service to inform the outage of subscriber of fixed phones;

c) Failing to bill charges to users of telecommunication services in the form of post-paid, unless the users pay by recharge cards.

3. Remedies:

Forced to recover or refund the amount wrongly collected for violations prescribed at point b, clause 2 of this Article.

Item 4. VIOLATION OF REGULATIONS ON TELECOMMUNICATION LICENSES

Article 21. Violation of regulations on telecommunication licenses

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for act of failing to present one of the telecommunication licenses as the competent authority requests:

a) License to establish a public telecommunication network;

b) License to provide telecommunication services;

c) License to install telecommunication cables in the sea;

d) License to establish private-use telecommunication network;

đ) License to test networks and telecommunication services.

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

a) Modifying, erasing changes the contents of the license;

b) Making any fraudulent act or providing false information to be granted one of licenses referred to in clause 1 of this Article;

c) Beyond one month from the telecommunication license referred to in clause 1 of this Article is lost, torn, burnt or destroyed but the licensed organization does not send written request for the re-grant;

d) Beyond 2 years after the effective date of the Decree No.25/2011/ND-CP April 6, 2011 detailing and guiding the implementation of some Articles of the Telecommunication Law, the enterprises that have been grated telecommunication license do not make procedures for grant or renewal of the license under the guidance of the Ministry of Information and Communications.

3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of establishing private-use telecommunication network or testing network and telecommunication services without license or leasing, lending, renting, loaning license.

4. A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for acts of having no license, lending, renting, loaning license for one of the following cases:

a) Setting up public telecommunication networks;

b) Providing telecommunication services;

c) Installing telecommunication cables in the sea.

5. Remedies:

Forced to terminate the network setup and installation of telecommunication cables or forced to terminate telecommunication service provision for violations prescribed in clause 3 and clause 4 of this Article.

Article 22. Violation of regulations on publication, content modification in the licenses

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

a) Failing to publicize or publicizing incompletely the contents of business license of telecommunication services;

b) Failing to publicize or publicizing incompletely the contents of amendment, supplement, and extension of the business license of telecommunication services;

c) Publicizing the contents of the business license of telecommunication services not timely or failing to publish sufficiently on three consecutive issues;

d) Publicizing the contents of amendment, supplement, and extension of the business license of telecommunication services not timely or failing to publish sufficiently on three consecutive issues.

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

a) Changing head office’s address but failing to inform or informing not on time to the licensing agency;

b) Changing enterprise’s name and scope of telecommunication network establishment and scope of the telecommunication service provision, type of services licensed, or other information, but failing to make procedures for amendment and supplement of contents of the business license of telecommunication services;

c) Changing the name of the licensed organization or list of members of the network or network configuration or network operation scope or type of provided service but failing to make procedures for requesting amendment, supplement of contents of license to establish private-use telecommunication network;

d) Failing to comply with provisions of telecommunication licenses.

3. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for act of changing the name of the licensed organization or information on the cable lines which are installed, but failing to make procedures for requesting amendment and supplement of the contents of licenses to install telecommunication cables in the sea.

4. A fine of from 70,000,000 VND and 100,000,000 VND shall be imposed for act of failing to comply with commitments that the organization has licensed telecommunication made with the licensing agency.

Article 23. Violation of the regulations on the installation of telecommunication cables in the sea

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

a) Providing incomplete or inaccurate information related to the cable line for the specialized management agency in telecommunication;

b) Failing to comply with the inspection and control of competent state agencies upon survey or installation or maintenance or repair of cables line in the Vietnam s sea waters;

c) Failing to comply with the instructions of the competent State agencies upon survey or installation or maintenance or repair of cables line in Vietnam s sea waters;

d) Implementing the other activities out of the survey, installation, maintenance, and repair of telecommunication cables line in the sea waters of Vietnam;

đ) Survey, installation, maintenance and repair of telecommunication cables line without the permission of competent state agencies under the law regulations.

2. Forms of additional sanction:

Stripping the right to use license for a period of one month for violations prescribed at points b, c, d, clause 1 of this Article.

3. Remedies:

Forced to restore the original state already altered due to administrative violations for violations prescribed at point d, clause 1 of this Article.

Article 24. Violation of the regulations on the conditions to grant license of setting up private-use telecommunication network

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

a) Providing services to organizations or individuals who are not members of private-use telecommunication network;

b) Establishing private-use telecommunication network not in compliance with the license.

2. A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for act of using private-use telecommunication network for the purpose of business.

3. Forms of additional sanction:

Confiscating the proceeds obtained due to administrative violations for violations prescribed in clause 2 of this Article.

Article 25. Violation of regulations on fees and charges

The violations on fees and charges and right fees of telecommunication activities in the telecommunication sector is applied in accordance with Decree of the Government on handling of administrative violations in the field of fees and charges.

Item 5. VIOLATIONS OF REGULATIONS ON CONNECTION AND SHARING OF TELECOMMUNICATION  INFRASTRUCTURE

Article 26. Violation of the regulations on the connection to public telecommunication network

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

a) Telecommunication enterprises holding essential means fail to publicize the form agreement of connection;

b) Telecommunication enterprises do not meet fully the interconnection capacity according to the overall planning of network development, telecommunication service, and interconnection agreements;

c) Telecommunication enterprises fail to guarantee the quality of connection.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for telecommunication enterprises holding essential means failing to register the form connection agreements with the specialized management agency in telecommunication.

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

a) Telecommunication enterprises holding essential means failing to set up telecommunication connection charges as prescribed;

b) Telecommunication enterprises limiting, denying, arbitrarily ceasing, making difficulty to connection of telecommunication networks together or the provision of services of other telecommunication carriers;

c) Do not allow connections although it is technically feasible on telecommunication network;

d) Failing to ensure timely connections or publication, transparency;

đ) Discrimination in the connection;

e) Telecommunication enterprises holding essential means to build telecommunication connection charges on the basis of distinguishing the types of service;

g) Failing to implement the dispute settlement decisions of the connection of the specialized management agency in telecommunication;

h) Connecting the telecommunication network not in compliance with regulations.

Article 27. Violation of the regulations on the private-use telecommunication network connection

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

a) Failing to comply with the provisions on the private-use telecommunication network to the public telecommunication network;

b) Connecting the private-use telecommunication network to the public telecommunication network without ensuring standards and technical regulations as prescribed;

c) Connecting the private-use telecommunication network with the public telecommunication network without concluding contract of connection.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of connecting directly the private-use telecommunication network with each other without written permission of the Ministry of Information and Communications.

3. Remedies:

Forced to restore the original state already altered due to administrative violations for violations prescribed in clause 2 of this Article.

Article 28. Violation of the regulations on the sharing of telecommunication infrastructure

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of sharing telecommunication infrastructure not through contract.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for acts of failing to perform or delaying the implementation of decisions of the specialized management agency in telecommunication on the sharing of telecommunication infrastructure.

Item 6. VIOLATIONS OF THE REGULATIONS ON TELECOMMUNICATION RESOURCES

Article 29. Violation of the regulations on allocation, use and repayment of the telecommunication numberstore, Internet resources

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

a) Failing to report on the plan or use situation of the telecommunication number

b) Failing to refund telecommunication number store, Internet resources which has been granted as having no demand for the use or cessation of trading telecommunication services;

c) Providing services of registration, maintenance of the Vietnam national domain names ".vn" while not being the domain name registration body ".vn" or without a contract to be as agent to provide services of registration, maintenance of the domain name ".vn" for the domain name registration body ".vn".

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

a) Using telecommunication number store not in compliance with regulations;

b) Failing to perform or performing improperly the planning, management regulations of telecommunication number store and Internet resources.

3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of using telecommunication number store without the allocation of the competent state agency.

4. Remedies:

Forced to recover the telecommunication number store for violations of provisions of clause 3 of this Article.

Article 30. Violation of the regulations on transfer of telecommunication number store and Internet resources

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of transferring or receiving the transfer of Internet resources which have been allocated via auctions without the consent of the Ministry of Information and Communications.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for act of transferring or receiving the transfer of telecommunication number store which has been allocated through auctions without the consent of the Ministry of Information and Communications.

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

a) Transferring telecommunication number store which organizations and individuals allocated not through auctions;

b) Transferring of the national domain name ".vn" for the Party, the State or the other domain names that are not allowed to transfer in accordance with provisions of the Ministry of Information and Communications;

c) Transferring the right to use the telecommunication number store or Internet resources, although the transferring organizations and individuals have no right to use legally;

d) Transferring the right to use the telecommunication number store or Internet resources, but transferred organizations and individuals are not allowed to operate or are ineligible investment or exploitation or use of the telecommunication number store, Internet resources.

4. Remedies:

Forced to recover the telecommunication number store, Internet resources, for violations prescribed in clauses 1, 2 and 3 of this Article.

ITEM 7. VIOLATIONS OF THE REGULATIONS OF QUALITY MANAGEMENT, CHARGES AND PROMOTION OF TELECOMMUNICATION SERVICES

Article 31. Violation of regulations on quality of telecommunication equipment

1. A fine of between 200,000 VND and 500,000 VND shall be imposed for one of the following acts:

a) Erasing, repairing certificate of regulations conformity;

b) Selling equipment of the list of equipment causing potentially unsafe without a certificate of regulations conformity or failing to publish conformity or failing to mark the regulations conformity.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Manufacturing, importing equipment of the list of potentially-unsafe equipment but not certifying the regulations conformity before being put into circulation on the market;

b) Manufacturing, importing equipment of the list of potentially-unsafe equipment but not publicizing the regulations conformity before being put into circulation on the market;

c) Manufacturing, importing equipment of the list of potentially-unsafe equipment but not using mark of regulations conformity before being put into circulation on the market;

d) Connecting to the public telecommunication network the equipment of the list of the list of potentially-unsafe equipment but not certified the regulations conformity or not publicized the regulations conformity or not using the mark as such;

e) Providing for and using telecommunication technical infrastructure passively, connecting to telecommunication network not publicized the regulations conformity.

3. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for acts of manufacturing, importing or circulating on the market the equipment of the list of potentially-unsafe equipment but their quality does not comply with technical regulations which have been certified or published.

4. Remedies:

Forced to recover the telecommunication equipment which is being circulated on the market, forced to change the use purpose, recycle, or re-export the imported telecommunication equipment committing violations specified in clause 3 of this Article.

Article 32. Violation of the regulations on the quality of telecommunication networks and services

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

a) Publicizing quality of the telecommunication network, services of the list of telecommunication networks and services required to control quality not on time as prescribed;

b) Issuing the quality publication on the websites of the enterprises or listing on the transaction places improperly with the quality publication of network, services and the list of criteria of service quality in the records of the service quality publication sent to the state management agent;

c) Failing to publicize telecommunication service quality according to standards of arbitrary application for the telecommunication networks, services not to be of the list of telecommunication networks and services required to control quality;

d) Failing to store or storing incompletely the documents, data of inspection results, quality control conducted by enterprises according to regulations.

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

a) Failing to publicize the quality of telecommunication networks or services of the list of telecommunication networks and services required to control quality;

b) Failing to upload on the website or failing to list on the transaction places of the enterprises the quality publication of network, services and the list of quality criteria of networks, services of the telecommunication networks or services of the list of telecommunication networks and services required to control quality;

c) Failing to redo the quality publication of telecommunication network, services when there is a change in regulations, standards, or when there are changes related to the published content;

d) Failing to provide, providing incompletely or inaccurately documents and data for the inspection, examination and measurement of quality of networks, services;

đ) Failing to inspect or control quality or inspecting, controlling quality not in compliance with regulations for telecommunication network, services of the list of telecommunication networks and services required to control quality;

e) Providing service with quality lower than the provisions or lower than the published quality.

Article 33. Violation of regulations on testing of telecommunication equipment

1. A fine of between 2,000,000 and 5,000,000 shall be imposed for the acts of repairing, erasing certificate of testing of network equipment, measuring equipment for charges, radio stations.

2. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Using network equipment, measuring equipment for charges, radio stations which have been tested but the certificate of testing has expired;

b) Putting networking equipment, measuring equipment for charges, radio stations of the "List of telecommunication equipment required to test" into operation but not conducting the testing;

c) Failing to comply with telecommunication standards and technical regulations for network equipment, measuring equipment for charges, radio stations;

d) Putting radio stations of the list of radio stations required to test on radiation safety into operation, but not conducting the testing.

Article 34. Violation of regulations on telecommunication rates

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

a) Failing to inform rates of telecommunication service to the specialized management agency in telecommunication;

b) Applying rates before signing up with the specialized management agency in telecommunication;

c) Failing to register rates with the specialized management agency in telecommunication;

d) Installing improperly the telecommunication service rates.

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

a) Providing telecommunication services with the rates too much low compared to the average rates on the market of telecommunication services in accordance with provisions of the Ministry of Information and Communications;

b) Dominant telecommunication enterprises apply telecommunication service rates lower than costs.

3. A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for acts of offsetting between the telecommunication services when determining rates.

4. Remedies:

Forced to return profits obtained due to violations prescribed at point d, clause 1 of this Article.

Article 35. Violation of regulations on promotion

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for acts of trading specialized telecommunication goods but not signing contracts with telecommunication enterprises.

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

a) Not being telecommunication enterprises or not being hired by telecommunication enterprises but conducting promotion for telecommunication services;

b) Not being telecommunication enterprises or not being hired by telecommunication enterprises but conducting promotion of specialized telecommunication goods.

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

a) Giving SIM containing telecommunication subscriber numbers or giving telephone built available telecommunication subscriber numbers to customers who do not register service trial use;

b) Providing sample telecommunication services to customers who do not register service trial use;

c) Providing sample telecommunication services for customers to try without paying when the trial period has expired or services have been provided for to market more than 12 months;

d) Time of providing samples telecommunication services exceeds 31 days;

đ) Providing sample telecommunication services for customers to try without paying at value of more than VND 100,000;

e) The total duration to conduct the discount program for a telecommunication service marks, trademarks of specialized telecommunication, promotion program to provide telecommunication services, sales of specialized telecommunication together with participation in promotions of chance beyond the provisions of the Ministry of Information and Communications;

g) The material value used for promotion for a unit of service, specialized telecommunication goods or the total value of services, specialized goods for promotion beyond the regulations of the Ministry of Information and Communications;

h) Giving specialized telecommunication goods or telecommunication service without together with the purchase of goods or provision of services;

i) Selling goods or providing services together with the purchase voucher of SIM card containing a number of telecommunication subscription or the purchase voucher of telephones built available a number of telecommunication subscription or the purchase voucher of recharge cards;

k) Bulletin for using telecommunication services takes effect before the customer uses the minimum contact time, amount of information, information package by contact time, amount of information, information package stated in the bulletin to use services;

l) Applying the frequent customer programs to clients without proper subjects;

m) Failing to notify or to register with the competent state agency as implementing the promotion program for telecommunication services, specialized telecommunication goods.

4. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of promotion  by reducing rates of telecommunication services, reducing prices of specialized telecommunication goods for telecommunication services, specialized telecommunication goods prescribed specifically by State; promotion by reducing rates of telecommunication services, reducing prices of specialized telecommunication goods less than the minimum level for telecommunication services, specialized telecommunication goods prescribed by State or minimum prices.

Item 8. VIOLATIONS OF THE REGULATIONS ON THE TELECOMMUNICATION WORKS

Article 36. Violation of regulations on passive telecommunication works

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for act of failing to prioritize the allocation of places to provide public telecommunication services at the railway stations, bus terminals, seaports, airports, border gates and public places.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of failing to prioritize the allocation of space, ground surface, underground, sea floor for public telecommunication works.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for act of failing to implement projects of investment in important telecommunication works related to national security or places to provide the public telecommunication service after being approved and assigned land by the competent State agency.

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

a) Telecommunication enterprises fail to make planning of the passive telecommunication technical infrastructure in the local;

b) Telecommunication enterprises fail to coordinate or contribute funds to carry out underground laying, embellishment of telecommunication cables.

Article 37. Violation of regulations on design, construction, and use of telecommunication works

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

a) Organizations and individuals investing in construction of buildings which have many using owners (apartments, office buildings, and hotels) fail to design and install telecommunication cable systems, access point within the building;

b) Organizations and individuals investing in construction of high-rise buildings which have many using owners (apartments, office buildings, hotels), public construction works fail to layout premises for the telecommunication enterprises to install antenna on the building roof, install the receiver, broadcasting equipment in the building, the public construction works;

c) Having no passive telecommunication technical infrastructure as making the basic design of the system of transport technical infrastructure, energy supply, public lighting, water supply, drainage and other technical infrastructure works;

d) Restricting the users of services in free to choose the telecommunication enterprises or restricting competition in network establishment and telecommunication service provision of telecommunication enterprises in the buildings, public construction works, transport works, industrial zones, export processing zones, hi-tech parks, urban areas.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for investors of construction of transport works, industrial zones, export processing zones, hi-tech parks, urban areas failing to layout premise for the telecommunication enterprises to construct passive telecommunication technical infrastructure works.

Article 38. Violation of the regulations on the common use of technical infrastructure

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

a) Preventing illegally installation of telecommunication cables along the roads, streets, pavements, bridges and traffic roads;

b) Preventing illegally installation of telecommunication cables on the electric poles in the areas that cannot lay underground or cannot build the columns to suspend the separate telecommunication cable;

c) Preventing illegally installation of telecommunication cables, telecommunication equipment in the underground public works, underground traffic works, underground technical contact-point works, underground sections of buildings on the ground, works of line, cable, underground technical pipeline, technical trenches, and tunnels.

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

a) Technical infrastructure work’s investor fails to design or fails to construct technical infrastructure for common use for installation of cable and telecommunication equipment in accordance with the planning of passive telecommunication infrastructure which has been approved;

b) Leasing price of the public technical infrastructure work for installation of telecommunication cable and equipment is determined not based on cost.

3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of conducting in contravention of regulations on common use of the passive telecommunication technical infrastructure.

4. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for act of failing to implement the provisions of the common use of the passive telecommunication technical infrastructure.

ITEM 9. VIOLATIONS OF THE REGULATIONS ON SAFETY ASSURANCE FOR TELECOMMUNICATION INFRASTRUCTURE AND INFORMATION SECURITY

Article 39. Violation of regulations on disclosure of private information content

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of unauthorized disclosure of private information content of users of telecommunication services.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of sale or illegal exchange of private information of users of telecommunication services.

3. Remedies:

Forced to recover profits obtained by violation for the violations prescribed in clause 2 of this Article.

Article 40. Violation of the regulations on information transmission in telecommunication networks

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of taking advantage of communication activities to do one of the following acts

a) Inciting the superstition, destroying habits and fine customs of the nation;

b) Threatening, harassing, insulting, distorting, slandering the organization s reputation, honor, dignity, and reputation of the others;

c) Advertising and propagating goods and services of the banning list.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of bugging, eavesdropping information on telecommunication network; stealing and unauthorized use of passwords, cryptographic keys, private information of organizations and individuals; preventing illegally access to information of organizations, individuals.

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

a) Taking advantage of telecommunication activities to incite violence, obscenity, pornography, crime, social evils, superstition;

b) Sending, spreading spam messages;

c) Service may provide information content of divination, superstition; information content of gambling, illegal lottery or for playing gamble, illegal lottery.

4. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for one of the acts of taking advantage of telecommunication activities against the State of Socialist Republic of Vietnam which are detrimental to national security and order, social safety; undermining national unity bloc; propagating war of aggression, sowing hatred, conflicts between ethnics, races, religions but not serious enough for criminal prosecution.

5. Remedies:

a) Forced to terminate the service use or service provision for the violations prescribed in clause 1, clause 2, clause 3 and clause 4 of this Article.

b) Forced to recover profits obtained due to violation for the violations prescribed in clause 3 of this Article.

c) Force to recover the number, telecommunication number store for violations prescribed in clause 3 of this Article.

Article 41. Sanction of violations of safety assurance for telecommunication infrastructure facilities and information security

1. A fine of between 2,000,000 and 5,000,000 shall be imposed for acts of damaging the optic cable, copper cable, antenna or equipment of the transmission systems, switches and other telecommunication equipment attached to the local loop.

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

a) Damaging optic cable, antenna or equipment of the transmission systems, switches and other telecommunication equipment attached to the domestic and international, long-distance, public fixed telecommunication network; public mobile telecommunication networks and public satellite fixed telecommunication networks and public satellite mobile telecommunication networks, public maritime radio communication networks;

b) Accessing illegally to public telecommunication networks, private-use telecommunication network, specialized telecommunication network or other telecommunication subscription lines.

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

a) Damaging optic cable, antenna or equipment of the transmission systems, switches and other telecommunication equipment of national telecommunication backbone system;

b) Delaying or failing to comply with the decision to mobilize all or part of the telecommunication infrastructure, the public telecommunication network, private-use telecommunication network to service for security and defense in emergency cases accordance with the law regulations but not serious enough for criminal prosecution;

c) Destroying the databases, software, hardware, telecommunication equipment, but not serious enough for criminal prosecution;

d) Failing to comply with regulations on safe assurance for telecommunication infrastructure or information security;

đ) Failing to take measures to ensure safety for telecommunication infrastructure and information security;

e) Destroying, damaging or ruining the telecommunication works or using, taking advantage of the network, equipment, tools, hardware, software to interfere with, disrupt the operation of telecommunication infrastructure;

g) Failing to plan and implement measures to ensure safety for infrastructure, information security as prescribed;

h) Failing to build, promulgate procedures and regulations to coordinate with the Public security force, military, militia to secure safety for infrastructure and information security;

i) Failing to invest, construct and install the equipment systems for the assurance of information security at the enterprise side in accordance with provisions;

k) Failing to layout premises, network access points, portals and other necessary technical conditions for the task of ensuring information security as required by the Ministry of Information and Communications;

l) Failing to immediately terminate the supply and use of services for cases using, taking advantage of telecommunication network and services to infringe national security, public order, and social safety.

4. Forms of additional sanction:

Stripping the right to use licenses indefinitely for the violations prescribed at point b, clause 3 of this Article.

5. Remedies:

Forced to restore the original state already altered due to administrative violations for the violations prescribed in clause 1; and point a, clause 2 and point a, c, e, clause 3 of this Article.

Item 10. VIOLATIONS OF THE REGULATIONS OF DISPUTES, CLAIMS; REGIME OF REPORT; FAILURE OF EXECUTION OF INSPECTION AND EXAMINATION OF THE COMPETENT STATE AGENCIES

Article 42. Violation of the regulations on settlement of dispute and complaints

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

a) Faling to list publicly process to settle complaints relating to telecommunication services in the transaction places;

b) Resolving complaints regarding telecommunication services not ensuring the prescribed time.

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

a) Failing to settle customer’s complaints in accordance with the law regulations;

b) Failing to issue a complaint resolution process related to telecommunication services.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of failing to consider settling or failing to report the results of settling complaints at the request of the competent State management agencies.

Article 43. Violation of the regulations on regime of report

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for act of delaying to report up to 15 days as prescribed or as required by the competent State agency.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for act of reporting incompletely as prescribed or as required by the competent State agency.

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

a) Failing to implement the regime of report or reporting late for more than 15 days as prescribed or as required by the competent State agency;

b) Reporting dishonestly in accordance with provisions or as required by the competent State agency;

c) Failing to provide online the contents and report data to the device of accessing information as required by the competent State agency.

Article 44. Acts of obstructing or opposing personnel, state agencies to perform their duties of inspection, examination

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

a) Failing to provide or providing incomplete documents, papers, relevant vouchers as required by the persons who are competent for inspection and examination;

b) Failing to declare or declaring falsely the contents concerning the inspection and examination;

c) Covering the violating records, exhibits, facilities, equipment.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for act of obstructing the inspection and examination of employees, state agencies as performing their duties.

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

a) Dispersing violating material evidences which are subject to inspection, examination, or temporary seizure;

b) Arbitrarily removing seals of violating exhibits being sealed or seized;

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

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

a) Delaying or shirking the implementation of inspection decision;

b) Speaking, acting abusive, threatening, insulting honor and dignity of persons who are on duty but not serious enough for criminal prosecution.

5. Forms of additional sanction:

Stripping the right to use license from 01 month to 03 months for the violations prescribed in clause 1, clause 2, clause 3 and clause 4 of this Article.

6. Remedies:

Forced to recover material evidences and means which have been dispersed for the violations prescribed at point a, clause 3 of this Article.

Chapter 3.

COMPETENCE AND PROCEDURES FOR HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 45. Competence to sanction administrative violations of the specialized inspectors of telecommunication

1. Specialized inspectors on information and communications, persons who are assigned duties of specialized inspection of telecommunication being on duty may:

a) Impose warning;

b) Impose fines of up to VND 500,000;

c) Confiscate material evidences and means used for administrative violations valued at up to VND 2,000,000;

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

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

2. Chief Inspector of the Department of Information and Communications, the heads of the agencies assigned duties to perform the function of specialized inspection on telecommunication are competent to:

a) Impose warning;

b) Impose fines of up to VND 30,000,000;

c) Strip the right to use licenses, practice certificates;

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

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

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

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

a) Impose warning;

b) Impose fines of up to VND 100,000,000;

c) Strip the right to use licenses under his/her jurisdiction;

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

đ) Apply remedies as prescribed in clause 3, Article 4 of this Decree;

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

4. Specialized inspectors on information and communications, persons who are assigned duties of specialized inspection of telecommunication, Chief Inspector of the Department of Information and Communications, the heads of the agencies assigned to perform the function of specialized inspection of telecommunication, the Chief Inspector of Ministry of Information and Communications who is competent to sanction administrative violations on telecommunication, fees and charges and right fees in telecommunication activities.

Article 46. Competence to sanction of other specialized inspectors

Within scope of the State management competence prescribed by the government, inspectors, and chief inspectors of the specialized inspection agencies are competent to sanction administrative violations in the field of telecommunication to be of their state management scope.

Article 47. Competence to sanction of the People s Committees at all levels

Chairmen of People s Committees at all levels are competent to impose sanctions under their jurisdiction specified in clauses 4, 5, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and Article 30 of the Ordinance on Handling of Administrative Violations in 2002 within their management localities for administrative violations on telecommunication provided for in this Decree.

Article 48. The competence to sanction of the people s public security, border guards, coast guard, customs, tax offices, market management agencies, competition management agencies

The people s public security, border guards, coast guard, customs, tax offices, market management agencies, competition management agencies are competent to impose sanctions under their jurisdiction as prescribed in clauses 6, 7, 8, 9, 11, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008 and Article 37 of the Ordinance on Handling of Administrative Violations in 2002 for administration violations on telecommunication directly related to their management field specified in this Decree.

Article 49. Determination of competence to sanction administrative violations

1. In the case of administrative violation of the sanctioning competence of many persons, the sanction shall be settled by the person who first made.

2. The sanctioning competence of the persons defined in Articles 45, 46, 47 and 48 of this Decree is the competence to apply for an administrative violation. In the case of fines, the sanctioning competence shall be determined based on the maximum level of the fine bracket prescribed for each specific violation.

3. In case of sanctioning a person who made many acts of administrative violations, the sanctioning competence shall be determined under rules prescribed in point 3, clause 17, Article 1 of Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations in 2008.

Article 50. Procedures for sanctioning administrative violations and execution of sanctioning decisions

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

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

3. The cases of administrative violations to be sanctioned must be made into records and kept fully in the sanctioning bodies within prescription defined by law.

Article 51. Record forms, forms of decisions used in sanction of administrative violations in the field of telecommunication

Issue together with this Decree as the Appendix on forms of records and decisions used in sanction of administrative violations in the field of telecommunication.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 52. Effect

This Decree takes effect as from December 01, 2011 and annuls Item 2, Item 4, Item 5 and Item 6 of Chapter II of Decree No.142/2004/ND-CP of July 08, 2004 defining sanction of administrative violation on post, telecommunication and radio frequencies, Decree No.50/2009/ND-CP dated May 25, 2009 supplementing Article 12a of the Decree No.142/2004/ND-CP dated July 08, 2004 of the Government sanctioning administrative violations on post, telecommunication and radio frequencies.

Article 53. Responsibility for implementation

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