Circular No. 05/2004/TT-BBCVT guiding the implementation of certain provisions on administrative violation handling and complaints and denunciations stipulated in Chapter IV of Decree No. 55/2001/NĐ-CP of the Government on management, provision, and use of Internet services.

CIRCULAR

Guidelines for Implementing Certain Provisions on Administrative Violation Handling

and Complaints and Accusations as Provided in Chapter IV of Decree No. 55/2001/NĐ-CP

on Management, Provision, and Use of Internet Services

____________________

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002;

Pursuant to Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing implementation of certain provisions of the Administrative Offense Handling Ordinance 2002;

Pursuant to Decree No. 55/2001/ND-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services;

Pursuant to Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on Administrative Sanctions for Violations in Postal, Telecommunications, and Radio Frequency Matters;

Pursuant to Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

The Ministry of Posts and Telecommunications hereby issues the following guidelines:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidance on implementing certain provisions regarding administrative violations and administrative sanctions as stipulated in Chapter IV of Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on Management, Provision, and Use of Internet Services (hereinafter referred to as "the Decree").

Administrative violations concerning Internet that relate to radio frequencies shall be handled according to the provisions of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on Administrative Sanctions for Violations in Postal, Telecommunications, and Radio Frequency Matters.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to all organizations and individuals within Vietnam, foreign organizations and individuals (hereinafter referred to as organizations and individuals) operating in the Internet field in Vietnam, including:

2.1. Internet Service Providers (ISPs):

a) Internet Exchange Points (IXPs);

b) Internet Service Providers (ISPs);

c) Internet Application Service Providers in postal and telecommunications (OSPs postal, OSPs telecommunications).

2.2. Private Internet Service Providers (Private ISPs).

2.3. Internet Service Providers' agents, Internet Application Service Providers' agents in postal and telecommunications (hereinafter referred to as Internet agents).

2.4. Organizations and individuals using Internet access services, Internet connection services, Internet application services in postal and telecommunications (hereinafter referred to as Internet service users).

2.5. Postal and Telecommunications Service Providers related to Internet activities.

2.6. Other Internet Application Service Providers and other Internet Application Service Users not in the postal and telecommunications fields such as information, commerce, banking, healthcare, education... must comply with the provisions of this Circular as well as relevant specialized laws.

3. Cases Not Subject to Administrative Sanctions for Internet Violations

3.1. Organizations and individuals entitled to administrative sanction exemption under the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Offices, and International Organization Representative Offices in Vietnam dated September 7, 1993.

3.2. Exceeding the time limit for administrative sanctions as specified in Section 5, Part I of this Circular;

3.3. Acts constituting criminal offenses;

3.4. Individuals under 14 years old;

3.5. Cases as provided for in Article 4 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing implementation of certain provisions of the Administrative Violation Handling Ordinance 2002.

Principles for Imposing Administrative Sanctions for Internet Violations

The principles for imposing administrative sanctions for Internet violations shall be implemented in accordance with Article 3 of the Administrative Violation Handling Ordinance 2002.

Time Limits and Periods for Imposing Administrative Sanctions for Internet Violations

5.1. The statute of limitations for imposing administrative sanctions for Internet violations shall be carried out in accordance with Clause 1, Clause 2, Clause 3, and Clause 5 of Article 4 of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on Administrative Sanctions for Violations in Postal, Telecommunications, and Radio Frequency Matters.

5.2. Beyond the period specified in point 5.1 of this section, no administrative sanctions will be imposed but measures to remedy consequences as provided for in point d, Clause 8 of Article 41 of the Decree will still be applied.

5.3. Calculation of periods and statutes of limitation in handling administrative violations concerning Internet shall be carried out in accordance with Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2004 of the Government detailing implementation of certain provisions of the Administrative Violation Handling Ordinance 2002.

Forms of Administrative Sanctions and Measures to Remedy Consequences

6.1. Organizations and individuals violating administrative regulations concerning Internet shall bear one of the main forms of administrative sanctions as stipulated in Clause 1 of Article 12 of the Administrative Violation Handling Ordinance 2002 and may also be subject to one or more supplementary forms of administrative sanctions and measures to remedy consequences as provided for in point d, Clause 8 of Article 41 of the Decree.

6.2. Supplementary forms of administrative sanctions as provided for in points a, b, and c, Clause 8 of Article 41 of the Decree shall only be applied together with the main form of administrative sanction.

II. ADMINISTRATIVE VIOLATIONS CONCERNING INTERNET AND FORMS OF SANCTIONS

1. Administrative violation concerning Internet as provided for in Clause 1 of Article 41: Warning or fine from VND 50,000 to VND 200,000 for failure to report and complete procedures for reissuing an Internet service provision license that has been lost or damaged, as follows:

1.1. Warning for minor violations, first-time offenses, with mitigating circumstances;

1.2. Fine for other violations not covered by the guidance in point 1.1 above.

2. Violations as provided for in point d, Clause 3 of Article 41: Violations of state regulations on management of Internet access and connection in the use of Internet services, including:

2.1. Internet service users dialing international telephone numbers directly to access foreign Internet service providers;

2.2. Using Internet services listed in the prohibited or unapproved Internet service list under the law;

2.3. Internet service users accessing electronic news sites (websites) containing content detrimental to national security, public order, social safety, violating customs, morals, and Vietnamese cultural identity.

3. Violations as provided for in point e, Clause 3 of Article 41: Violations of state regulations on information security and safety on the Internet in the use of Internet services, including:

3.1. Storing on Internet-connected computers classified information and data belonging to state secrets;

3.2. Using or guiding others to use tools to access websites banned by competent state management authorities.

4. The violation of the provisions set forth in point c, Clause 4, Article 41: Using an expired Internet service provision license shall be handled as follows:

4.1. Using an Internet service provision license that has expired for up to three months shall be subject to the penalty prescribed in Clause 4, Article 41 of the Decree.

4.2. Using an Internet service provision license that has expired for more than three months but not exceeding six months shall be subject to the penalty prescribed in point a, Clause 6, Article 41 of the Decree.

4.3. Using an Internet service provision license that has expired for over six months shall be subject to the penalty prescribed in Clause 7, Article 41 of the Decree.

5. The violation of the provisions set forth in point a, Clause 5, Article 41: Violating state regulations on standards and quality of Internet services when providing Internet services, including:

5.1. Providing Internet services without a certificate of service quality registration as prescribed by the Ministry of Posts and Telecommunications.

5.2. Using a service quality registration certificate that has exceeded its validity period or been revoked.

5.3. Not publicly announcing at the Internet service provision location the registered quality indicators.

5.4. Announcing Internet service quality indicators lower than those registered.

5.5. Providing Internet services that do not meet the announced or registered quality indicators.

5.6. Not implementing the reporting system for the quality of Internet services provided as prescribed by the Ministry of Posts and Telecommunications.

6. The violation of the provisions set forth in point b, Clause 5, Article 41: Violating state regulations on prices and charges for Internet services when providing Internet services, including:

6.1. Setting prices and charges for Internet services beyond the authorized scope.

6.2. Using billing software to calculate Internet service charges higher than the prescribed rates.

6.3. Collecting Internet service charges higher than the prescribed rates.

6.4. For other violations in the field of prices and charges for Internet services, the provisions of Decree No. 169/2004/NĐ-CP dated September 22, 2004 of the Government on administrative penalties for violations in the price sector shall apply.

7. The violation of the provisions set forth in point c, Clause 3, and point c, Clause 5, Article 41: Violating state regulations on Internet resource management when providing and using Internet services, including:

7.1. Transferring, leasing, or reselling domain names (DN), addresses (IP), and network identifiers (ASN) of the Internet.

7.2. Using a top-level domain other than ".VN" without notifying the Internet resource management authority.

7.3. Political system agencies using a top-level domain other than ".VN" or failing to retain information on servers with IP addresses in Vietnam.

7.4. Online newspapers not using a top-level domain ".VN".

7.5. Using domain names to disseminate information contrary to the law.

7.6. Reissuing sub-domain names under the ".VN" top-level domain for commercial purposes without permission from the Internet resource management authority.

7.7. Using and routing IP addresses outside the management and allocation range of the Internet resource management authority, except for connections to international Internet gateways.

7.8. Directly registering IP addresses and network identifiers from international organizations without permission from the Ministry of Posts and Telecommunications.

8. The violation of the provisions set forth in point d, Clause 5, Article 41: Violating state regulations on Internet access and connection management when providing Internet services, including:

8.1. Providing Internet services listed in the prohibited Internet service directory or not yet permitted according to the law.

8.2. Internet access service providers using private connections directly connecting to each other.

8.3. Internet access service providers, Internet application service providers, and private Internet access service providers constructing telecommunications transmission routes to establish their own Internet device networks and connect to public telecommunications networks, Internet agent systems, and Internet users without permission from the Ministry of Posts and Telecommunications.

8.4. Organizations and individuals providing Internet services to the public without agency contracts with Internet service providers or business licenses issued by competent authorities.

8.5. Internet service providers and public Internet agents violating regulations on Internet service provision as stipulated in the Circular jointly issued by the Ministry of Posts and Telecommunications, Ministry of Culture, Sports and Tourism, and Ministry of Public Security on managing public Internet agents.

9. The violation of the provisions set forth in point e, Clause 5, Article 41: Violating state regulations on information security on the Internet when providing Internet services, which involves:

Internet access service providers, Internet application service providers in postal and telecommunications, and private Internet access service providers not establishing a firewall system or having one but not commensurate with their Internet service server system to ensure detection and prevention of prohibited information.

10. The implementation of supplementary sanctions prescribed in point a, Clause 8, Article 41, shall be carried out as follows:

10.1. Applying supplementary sanction: temporarily suspending the provision and use of Internet services for a period of three months, if there are mitigating circumstances, the suspension period is one month.

10.2. Applying supplementary sanction: permanently suspending the provision and use of Internet services for serious violations.

11. The implementation of supplementary sanctions prescribed in point b, Clause 8, Article 41, shall be carried out as follows:

11.1. Applying supplementary sanction: revoking the right to use the license for a period of three months, if there are mitigating circumstances, the revocation period is one month.

11.2. Applying supplementary sanction: permanently revoking the right to use the license for serious violations.

12. Mitigating circumstances, aggravating circumstances

Mitigating and aggravating circumstances for administrative violations related to the Internet shall be applied according to the provisions of Articles 8 and 9 of the Administrative Violations Handling Ordinance 2002.

III. AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

A. AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES FOR VIOLATIONS

The authority to impose administrative penalties for violations related to the Internet as stipulated in Article 42 of the Decree shall be guided as follows:

1. Authority to impose administrative penalties for violations related to the Internet of specialized inspection agencies for postal services, telecommunications, and information technology

1.1. Postal, telecommunications, and information technology specialized inspectors performing their duties have the right:

a) To exercise the authority to impose penalties as provided at points a, b, c of Clause 1, Article 28 of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal services, telecommunications, and radio frequency;

b) To apply measures to remedy consequences as provided at point d of Clause 8, Article 41 of the Decree.

1.2. Heads of specialized inspection agencies under provincial postal service and telecommunications departments, heads of specialized inspection agencies under ministries and sectors have the right:

a) To exercise the authority to impose penalties as provided at points a, b, c, d of Clause 2, Article 28 of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal services, telecommunications, and radio frequency;

b) To apply additional forms of administrative penalties and measures to remedy consequences as provided in Clause 8, Article 41 of the Decree.

1.3. Heads of specialized inspection agencies under the Ministry of Postal Services and Telecommunications have the right:

a) To exercise the authority to impose penalties as provided at points a, b, c, d of Clause 3, Article 28 of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal services, telecommunications, and radio frequency;

b) To apply additional forms of administrative penalties and measures to remedy consequences as provided in Clause 8, Article 41 of the Decree.

2. Authority to impose administrative penalties for violations related to the Internet of other specialized inspection agencies

Other specialized inspection agencies shall implement the authority to impose administrative penalties for violations related to the Internet as provided in Article 38 of the Administrative Violation Handling Ordinance 2002 within the scope of their respective state management responsibilities.

3. Authority to impose administrative penalties for violations related to the Internet of People's Committees at all levels

Chairpersons of People's Committees at all levels have the authority to impose penalties for administrative violations related to the Internet within the territory under their jurisdiction as provided in Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance 2002.

4. Determining the authority to impose administrative penalties

In cases where administrative violations related to the Internet fall within the authority to impose penalties of multiple persons, the person who first takes charge of the case shall carry out the penalty.

B. PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

1. Establishing an administrative violation record

1.1. In cases where fines exceeding VND 100,000 are applied, the person authorized to impose penalties while performing their duties must promptly establish an administrative violation record. The establishment of an administrative violation record shall be carried out in accordance with Article 55 of the Administrative Violation Handling Ordinance 2002.

1.2. In the same case involving multiple violations by one person or multiple people collaborating to commit one or more violations, the person authorized to impose penalties only needs to establish a single joint administrative violation record. If those committing violations are not collaborating, the person authorized to impose penalties shall establish separate administrative violation records for each individual. Each administrative violation record must be handed over to the respective violator.

2. Seizing evidence and means of violating administrative regulations

In cases where it is necessary to seize evidence and means of violating administrative regulations, this shall be carried out in accordance with Article 46 of the Administrative Violation Handling Ordinance 2002. The person authorized to issue a decision to seize evidence and means of violating administrative regulations must issue such a decision in writing and establish a seizure record.

3. Issuing a decision to impose administrative penalties

3.1. In cases where warnings or fines from VND 50,000 to VND 100,000 are applied, the person authorized to impose penalties while performing their duties does not need to establish an administrative violation record but can issue a penalty decision on the spot according to the simplified procedure stipulated in Article 54 of the Administrative Violation Handling Ordinance 2002. The place and deadline for payment of fines shall be implemented in accordance with Article 58 of the Administrative Violation Handling Ordinance 2002.

3.2. For cases where penalties are imposed as specified in Item 1.1 Point 1 Section B, within ten days from the date of establishing the administrative violation record, the person authorized to impose penalties must issue a penalty decision; for complex administrative violation cases, the deadline for issuing a penalty decision is thirty days. If additional time is needed to verify and collect evidence, the person authorized to impose penalties must report to their direct superior for an extension; the extension must be in writing and cannot exceed thirty days. The penalty decision must be sent to the individual or organization being penalized and the agency collecting the fine within three days from the date of issuing the penalty decision.

The person authorized to impose penalties may apply Clause 3, Article 57 of the Administrative Violation Handling Ordinance 2002 to individuals or organizations that violate regulations to ensure compliance with the penalty decision.

3.3. In cases where one person commits multiple administrative violations, if the level of penalty applicable to each violation falls within the authority to impose penalties of one level, that level shall issue a penalty decision. If at least one violation has a penalty level falling within the authority to impose penalties of a higher level or another agency, the entire file must be transferred to the competent authority for imposition of penalties. The level of penalty referred to here means the level of penalty that the competent authority intends to impose on a violation based on the provisions of the Decree after fully considering the nature, severity of the violation, aggravating circumstances, and mitigating circumstances. In such cases, the person authorized to impose penalties only needs to issue one penalty decision clearly stating the penalty for each violation, specifying the specific fine amount for each violation if the penalty is monetary, and summing them up.

3.4. In cases where multiple individuals associate with each other to jointly carry out one or more administrative violations, only one joint decision on administrative punishment shall be issued; in which, the fine amount for each individual according to the corresponding fine range for the violation shall be clearly stated. All these individuals have the aggravating circumstance of organized violation and must jointly bear responsibility for compensating losses (if any). The decision on administrative punishment shall be delivered to each individual violator.

3.5. In cases where there are multiple administrative violators in the same violation case but not associated with each other, the authority responsible for punishment shall issue separate decisions on administrative punishment for each individual based on the administrative violation record.

4. Application of supplementary administrative punishment in the form of revoking the right to use licenses

When applying the supplementary administrative punishment in the form of revoking the right to use licenses, the authority responsible for punishment must proceed to revoke the license and notify in writing the issuing agency thereof. Upon expiration of the period of revocation of the right to use the license, the authority responsible for punishment must return the license to the organization or individual using the license.

5. Confiscation of evidence and handling of confiscated evidence

When applying the supplementary administrative punishment in the form of confiscation of evidence and means used for administrative violations, the authority responsible for punishment must complete all procedures prescribed in Article 60 of the Administrative Violations Handling Ordinance 2002.

The handling of evidence and means due to administrative violations as stipulated in Article 61 of the Administrative Violations Handling Ordinance 2002 and Circular No. 72/2004/TT-BTC dated July 15, 2004 of the Ministry of Finance guiding the management and handling of evidence and means confiscated and incorporated into the State treasury due to administrative violations.

6. Enforcement of the decision on administrative punishment

In cases where an organization or individual subject to punishment does not voluntarily comply with the administrative punishment decision within ten days from the date of receipt of the decision, they will be enforced according to the provisions of Article 66 of the Administrative Violations Handling Ordinance 2002. The enforcement decision shall be sent to the organization or individual subject to enforcement, relevant agencies such as the Police, Banks, Treasury... to coordinate in implementing the enforcement decision. In cases where the violator does not work at an agency and does not have a bank account, enforcement measures against personal assets of equivalent value to the fine shall be applied. The value of the assets to be confiscated for enforcement shall be appraised by a state appraisal agency.

7. Model records and decisions

Records and decisions related to the work of administrative punishment for Internet violations shall apply the model issued together with Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain articles of the Administrative Violations Handling Ordinance 2002.

IV. COMPLAINTS, REPORTS AND HANDLING OF VIOLATIONS

1. Complaints, reports and resolution of complaints and reports regarding decisions on administrative punishment for Internet violations

Complaints, reports and resolution of complaints and reports regarding decisions on administrative punishment for Internet violations shall be implemented in accordance with the provisions of the law on complaints and reports. During the time awaiting resolution of complaints, organizations and individuals subject to administrative punishment must strictly comply with the administrative punishment decision of the competent authority.

2. Complaints and resolution of business-related complaints regarding the provision and use of Internet services

Organizations and individuals participating in the provision and use of Internet services in Vietnam have the right to complain about business-related matters when their legitimate rights are violated.

The complaint and resolution of business-related Internet complaints shall be carried out in accordance with the provisions of Clause 1, Part V of Circular No. 04/2001/TT-TCBD dated November 20, 2001 of the General Post Office guiding the implementation of Decree No. 55/2001/NĐ-CP of the Government on the management of the provision and use of Internet access services, Internet connection services, and Internet application services in postal and telecommunications.

3. Handling of violations

3.1. The handling of violations against authorities responsible for administrative punishment for Internet violations shall be carried out in accordance with Article 121 of the Administrative Violations Handling Ordinance 2002.

3.2. The handling of violations against individuals subject to administrative punishment for Internet violations shall be carried out in accordance with Article 122 of the Administrative Violations Handling Ordinance 2002.

V. IMPLEMENTATION

This Circular takes effect fifteen days after its publication in the Official Gazette.

During the implementation process, if there are any difficulties, they should be promptly reported to the Ministry of Posts and Telecommunications for consideration, supplementation, and amendment.