Decree No. 211/2025/NĐ-CP on civil cryptography activities and amending and supplementing certain articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government on administrative penalties in the postal, telecommunications, radio frequency, information technology, and electronic transactions sectors, which has been amended and supplemented by certain articles of Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

DECREE

Regulations on civil cryptography activities and amendments to and supplements of certain articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government stipulating administrative penalties for violations in the postal, telecommunications, radio frequency, information technology, and electronic transaction sectors, which has been amended and supplemented by certain articles of Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

 

Pursuant to the Law on Government Organization No. 63/2025/QH15;

The Governor of the State Bank of Vietnam hereby promulgates this Circular amending and supplementing certain Articles of Circular No. 50/2024/TT-NHNN of the Governor of the State Bank of Vietnam on safety and security for online service provision in the banking industry.

Pursuant to the Investment Law No. 61/2020/QH14 amended and supplemented by certain articles according to Law No. 57/2024/QH14;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by certain articles according to Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15;

Pursuant to the Law amending and supplementing certain articles of 37 Laws related to planning No. 35/2018/QH14;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree stipulating regulations on civil cryptography activities and amendments to and supplements of certain articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government stipulating administrative penalties for violations in the postal, telecommunications, radio frequency, information technology, and electronic transaction sectors, which has been amended and supplemented by certain articles of Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions of the Cybersecurity Law regarding the business of cryptographic products and services, export and import of cryptographic products, evaluation of conformity of cryptographic products, and amendments to and supplements of certain articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government stipulating administrative penalties for violations in the postal, telecommunications, radio frequency, information technology, and electronic transaction sectors, which has been amended and supplemented by certain articles of Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

Article 2. Applicability

1. Enterprises engaged in the business of cryptographic products and services, export and import of cryptographic products; organizations participating in the activity of evaluating conformity of cryptographic products and other relevant organizations and individuals.

2. Organizations and individuals who commit administrative violations in the business and use of civil cryptography; persons authorized to prepare records and impose administrative penalties for violations in the business and use of civil cryptography and other relevant organizations and individuals.

Chapter II
BUSINESS OF CRYPTOGRAPHIC PRODUCTS AND SERVICES AND EXPORT, IMPORT OF CRYPTOGRAPHIC PRODUCTS

Article 3. List of cryptographic products and services, List of cryptographic products subject to export and import licenses

Issuing the List of cryptographic products and services in Appendix I and the List of cryptographic products subject to export and import licenses in Appendix II attached hereto.

Article 4. Application of the List of cryptographic products subject to export and import licenses

1. The List of cryptographic products subject to export and import licenses shall only apply to cryptographic products whose HS code, description of goods, and cryptographic technical characteristics match those of the goods listed in the List.

2. In cases where there are differences in determining the HS code of goods in the List issued together with this Decree and the List of goods for export and import in Vietnam, the determination of the HS code of goods shall be carried out in accordance with the provisions of the Customs Law.

Article 5. Conditions for Issuing a Business License for Civil Cryptographic Products and Services

1. A business entity shall be granted a Business License for Civil Cryptographic Products and Services when it meets all conditions stipulated in Clause 2, Article 31 of the Cybersecurity Law.

2. The condition for issuing a license specified in point a, Clause 2, Article 31 of the Cybersecurity Law is detailed as follows: The business entity must have at least two technical staff members with a bachelor's degree or higher in one of the following fields: electronics-telecommunications, information technology, mathematics, cybersecurity; management and operational staff members with a bachelor's degree in one of the aforementioned fields or a bachelor's degree in another field and a certificate in cybersecurity training.

3. The condition for issuing a license specified in point đ, Clause 2, Article 31 of the Cybersecurity Law is detailed as follows: The business entity must have a customer service system and ensure technical suitability in accordance with the scope, target audience, scale, and quantity of products, implemented according to Form No. 04 of Appendix III of this Decree.

Article 6. Procedures and Formalities for Issuing, Amending, Supplementing, Reissuing, and Extending a Business License for Civil Cryptographic Products and Services

1. The application dossier for issuing a new Business License for Civil Cryptographic Products and Services includes:

a) An application form for a Business License for Civil Cryptographic Products and Services according to Form No. 01 of Appendix III of this Decree;

b) A copy of the Enterprise Registration Certificate or Investment Registration Certificate or other equivalent documents;

c) Copies of diplomas or certificates of expertise in security and cybersecurity of the management, operational, and technical teams;

d) Technical plans including documentation on technical characteristics and parameters of the product; technical standards and specifications of the product; service standards and quality; technical measures and solutions; warranty and maintenance plans for the product according to Form No. 03 of Appendix III of this Decree;

đ) Business plans including the scope, target audience, scale, and quantity of products and services; customer service systems and technical assurance according to Form No. 04 of Appendix III of this Decree;

e) Security and cybersecurity plans during the management and provision of civil cryptographic products and services according to Form No. 05 of Appendix III of this Decree.

2. The application dossier for amending and supplementing a Business License for Civil Cryptographic Products and Services includes:

a) An application form for amending and supplementing the Business License according to Form No. 02 of Appendix III of this Decree;

b) A copy of the Enterprise Registration Certificate or Investment Registration Certificate or other equivalent documents;

c) The Business License for Civil Cryptographic Products and Services that has been issued;

d) Technical plans, business plans, and security and cybersecurity plans for the proposed supplementary products and services as stipulated in points d, đ, and e of Clause 1 of this Article in cases where the business entity proposes to supplement civil cryptographic products and services.

3. The application dossier for reissuing a Business License for Civil Cryptographic Products and Services includes: An application form for reissuing the Business License according to Form No. 02 of Appendix III of this Decree.

4. The application dossier for extending a Business License for Civil Cryptographic Products and Services includes:

a) An application form for extending the Business License according to Form No. 02 of Appendix III of this Decree;

b) The current valid Business License for Civil Cryptographic Products and Services;

c) Reports on the business activities of the enterprise in the last two years.

5. For the components of the application dossier at point b of Clause 1, point b of Clause 2, and point b of Clause 4 of this Article, the General Office for Official Communications of the Government is responsible for searching the National Database without requiring the business entity to provide them.

6. Businesses shall submit one set of application dossiers directly, through postal services, or online public services to the General Office for Official Communications of the Government, telephone/fax number: 024-3232.3313, email: [email protected], National Public Service Portal: https://dichvucong.gov.vn. Online submitted dossiers must be signed electronically in accordance with the law on electronic signatures.

7. Within three working days from the date of receiving the dossier, the General Office for Official Communications of the Government will check the validity of the dossier; if the dossier is invalid, it will notify the business entity in writing about the necessary amendments and supplements. Within five working days from the date of receiving the notification, the business entity is responsible for completing the dossier. If the amended and supplemented dossier still does not meet the contents notified or exceeds the deadline for completing the dossier, within three working days, the General Office for Official Communications of the Government will notify the business entity in writing about the reasons for not issuing the license.

From the date of receiving a complete and valid dossier, the General Office for Official Communications of the Government will review and issue a new Business License for Civil Cryptographic Products and Services within twenty working days; reissue a Business License for Civil Cryptographic Products and Services within ten working days for amendment, supplementation, and extension cases; reissue a Business License for Civil Cryptographic Products and Services within four working days for cases of lost or damaged licenses. In case of refusal to issue the license, the General Office for Official Communications of the Government will notify in writing and specify the reasons. The Business License for Civil Cryptographic Products and Services shall be implemented according to Form No. 06 of Appendix III of this Decree.

Article 7. Procedures and formalities for requesting export and import licenses for civil cryptographic products

1. The application dossier for requesting export and import licenses for civil cryptographic products shall be established in one set, including:

a) An application form for requesting export and import licenses for civil cryptographic products according to Form No. 07 in Appendix III of this Decree;

b) A copy of the business license for civil cryptographic products and services;

c) A copy of the conformity certification for imported civil cryptographic products.

2. For the components of the dossier at points b and c of Clause 1 of this Article, the Government Cryptographic Department shall be responsible for searching the National Database without requiring the enterprise to provide them.

3. Enterprises shall submit the application dossier directly, through the postal system, or via online public service to the Government Cryptographic Department at the address specified in Clause 6 of Article 6 of this Decree.

4. Within 01 working day from the date of receiving the dossier, the Government Cryptographic Department shall check the validity of the dossier; in case the dossier is invalid, it shall notify the enterprise in writing about the contents that need to be amended and supplemented. In case the amendments and supplements still do not meet the requirements notified, the Government Cryptographic Department shall notify the enterprise in writing about the reasons for not issuing the license.

From the date of receiving a complete valid dossier, the Government Cryptographic Department shall review and issue the export and import licenses for civil cryptographic products within 07 working days. In case of refusal to issue the license, the Government Cryptographic Department shall notify the enterprise in writing and specify the reasons. The export and import licenses for civil cryptographic products shall be implemented according to Form No. 08 in Appendix III of this Decree.

Chapter III
EVALUATION OF THE COMPLIANCE OF CIVIL CRYPTOGRAPHIC PRODUCTS

Article 8. Responsibilities for managing the evaluation activities of the compliance of civil cryptographic products

The Government Cryptographic Department assists the Minister of National Defense in managing the evaluation activities of the compliance of civil cryptographic products, with the following tasks:

1. Issuing certificates of registration for the evaluation activities of the compliance of civil cryptographic products.

2. Designating and managing the activities of organizations conducting the evaluation of the compliance of civil cryptographic products.

3. Receiving declarations of compliance of civil cryptographic products.

Article 9. Conditions, procedures, and formalities for registering evaluation activities, designating organizations for evaluation activities, and declaring compliance of civil cryptographic products

1. The conditions, procedures, and formalities for registering evaluation activities, designating organizations for evaluation activities, and declaring compliance of civil cryptographic products shall be carried out in accordance with the current laws on the conditions, procedures, and formalities for registering business activities of evaluation services, designating organizations for evaluation activities, and declaring compliance for products and goods.

2. The application dossier for registering evaluation activities, requesting designation of organizations for evaluation activities, and declaring compliance of civil cryptographic products shall be submitted directly, through the postal system, or via online public service to the Government Cryptographic Department at the address specified in Clause 6 of Article 6 of this Decree.

Article 10. Recognition of the results of the evaluation of the compliance of civil cryptographic products

1. The recognition of the results of the evaluation of the compliance of civil cryptographic products between Vietnam and other countries or regions, and between Vietnamese evaluation organizations and evaluation organizations of other countries or regions shall be carried out in accordance with the current laws on technical standards and regulations.

2. The Government Cryptographic Department assists the Minister of National Defense in reviewing and deciding on the unilateral recognition of the results of the evaluation of the compliance of civil cryptographic products by international evaluation organizations and foreign evaluation organizations for the purpose of state management in the field of civil cryptography.

Chapter IV
AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 15/2020/ND-CP OF FEBRUARY 3, 2020 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN THE POSTAL SERVICES, TELECOMMUNICATIONS, RADIO FREQUENCY ELECTRONICS, INFORMATION TECHNOLOGY AND ELECTRONIC TRANSACTIONS SECTORS AMENDED AND COMPLEMENTED BY DECREE NO. 14/2022/ND-CP OF JANUARY 27, 2022 OF THE GOVERNMENT

Article 11. Amend and supplement some provisions of Decree No. 15/2020/NĐ-CP as follows:

1. Amending and supplementing certain Points and Clauses of Article 3 as follows:

a) Amend and supplement Point a Clause 2 as follows:

"a) Revoke the right to use licenses with a term from 01 month to 24 months for the following licenses: Postal Services; Telecommunication License; Telecommunication Network Establishment License; Undersea Telecommunication Cable Installation License; Radio Frequency Usage License; Product and Service Information Security Business License; Social Network Establishment License; Game Service G1 Provision License; Public Digital Signature Certification Service License; Civil Cryptographic Product and Service Business License; Professional License;"

b) Amending and supplementing Point b Clause 2 as follows:

"b) Confiscate contraband items and means of administrative violation in the postal services, telecommunications, radio frequency, information technology, electronic transactions, and network information security sectors;"

c) Amend and supplement Point n Clause 3 as follows:

"n) Compel the re-exportation of imported network information security products, imported civil cryptographic products;"

d) Amend Point q Clause 3 as follows:

"q) Recommend the competent authority to revoke the license due to violation of legal regulations;"

đ) Supplement Points r, s, t, u after Point q Clause 3 as follows:

"r) Compel the reporting on the business situation of civil cryptographic products and services and customer information aggregation; export and import situation of civil cryptographic products;"

s) Compel the establishment, retention, and protection of customer information, product type name, quantity, and usage purpose of civil cryptographic products and services;

t) Compel the declaration of the use of civil cryptographic products not provided by enterprises licensed to operate civil cryptographic products and services;

u) Compel the provision of relevant information about encryption keys to authorized state agencies."

2. Add Articles 93a and 93b after Article 93 as follows:

"Article 93a. Violations in the field of civil cryptography business

1. Issue a warning for the act of submitting reports to the Government Cryptographic Agency on the business situation of civil cryptographic products and services and customer information aggregation late by less than 01 month compared to the prescribed deadline.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Failure to manage, store, and retain technical and technological documentation of civil cryptographic products in accordance with legal regulations on management, storage, and preservation of documentation;

b) Failure to establish, retain, and protect customer information, product type name, quantity, and usage purpose of civil cryptographic products and services;

c) Failure to submit reports or submitting reports to the Government Cryptographic Agency on the business situation of civil cryptographic products and services, export and import of civil cryptographic products, and customer information aggregation late by 01 month or more compared to the prescribed deadline.

3. Impose a fine of VND 30,000,000 to VND 40,000,000 for the act of failing to process procedures to amend and supplement the Civil Cryptographic Products and Services Business License when changing the name or legal representative.

4. Impose a fine of VND 40,000,000 to VND 50,000,000 for one of the following acts:

a) Failure to maintain one of the conditions required to obtain a Civil Cryptographic Products and Services Business License;

b) Failure to refuse to provide civil cryptographic products and services when discovering organizations or individuals violating laws on the use of civil cryptographic products and services; when discovering organizations or individuals violating commitments agreed upon regarding the use of civil cryptographic products and services provided by the enterprise;

c) Using civil cryptographic products and services not provided by enterprises licensed to operate civil cryptographic products and services without declaring to the Government Cryptographic Agency.

5. Impose a fine of VND 50,000,000 to VND 60,000,000 for one of the following acts:

a) Providing inaccurate information to obtain a Civil Cryptographic Products and Services Business License;

b) Operating civil cryptographic products and services not in accordance with the content recorded on the Civil Cryptographic Products and Services Business License;

c) Refusing to provide necessary information related to encryption keys to authorized state agencies when requested.

6. The penalty for operating civil cryptographic products and services without a Civil Cryptographic Products and Services Business License is stipulated as follows:

a) Imposing a fine of VND 50,000,000 to VND 60,000,000 in cases where the value of infringing goods is under VND 50,000,000;

b) Imposing a fine of VND 60,000,000 to VND 80,000,000 in cases where the value of infringing goods is from VND 50,000,000 to under VND 100,000,000;

c) Imposing a fine of VND 80,000,000 to VND 100,000,000 in cases where the value of infringing goods is from VND 100,000,000 to under VND 150,000,000;

d) Imposing a fine of VND 100,000,000 to VND 120,000,000 in cases where the value of infringing goods is from VND 150,000,000 to under VND 200,000,000;

đ) Imposing a fine of VND 120,000,000 to VND 140,000,000 in cases where the value of infringing goods is from VND 200,000,000 to under VND 250,000,000;

e) Imposing a fine of VND 140,000,000 to VND 160,000,000 in cases where the value of infringing goods is from VND 250,000,000 to under VND 300,000,000;

g) Imposing a fine of VND 160,000,000 to VND 180,000,000 in cases where the value of infringing goods is VND 300,000,000 or more.

7. Impose a fine of VND 80,000,000 to VND 100,000,000 for one of the following acts:

a) Failure to cooperate or create favorable conditions for state agencies to carry out investigative measures when requested;

b) Failure to temporarily suspend or cease providing civil cryptographic products and services to ensure national defense, security, public order, and social safety when requested by state agencies.

8. Impose a fine of VND 100,000,000 to VND 120,000,000 for the act of operating civil cryptographic products and services where the target and purpose of using civil cryptographic products harm national defense, security, public order, and social safety.

9. Additional forms of punishment:

a) Revoke the right to use the Civil Cryptographic Products and Services Business License for 03 months to 06 months for violations specified in Point b Clause 4 of this Article;

b) Temporarily suspend the operation of civil cryptographic products and services business for 03 months to 06 months for violations specified in Clause 7 of this Article;

c) Confiscate contraband items and means to implement violations specified in Clauses 6 and 8 of this Article.

10. Measures to address consequences:

a) Compel reporting on the business situation of civil cryptographic products and services and customer information aggregation for the act of failing to submit reports as prescribed in point c, clause 2, Article this;

b) Compel establishment, retention, and safeguarding of customer information, type name, quantity, and purpose of use of civil cryptographic products and services for the act of violating the provisions as prescribed in point b, clause 2, Article this;

c) Compel declaration of the use of civil cryptographic products and services not provided by a business licensed to operate such products and services for the act of violating the provisions as prescribed in point c, clause 4, Article this;

d) Compel provision of information related to encryption keys to competent state agencies for the act of violating the provisions as prescribed in point c, clause 5, Article this;

đ) Compel return of unlawful profits obtained from implementing the acts of violation as prescribed in point b, clause 4, points a and b, clause 5, clause 6, point b, clause 7, clause 8, Article this.

Article 93b. Violation of regulations on export and import of civil cryptographic products

1. Warning penalty for the act of submitting reports to the Government Official Communication Agency on the situation of exporting and importing civil cryptographic products late by less than one month compared to the prescribed deadline.

2. Fine from VND 20,000,000 to VND 30,000,000 for the act of failing to submit reports or submitting reports to the Government Official Communication Agency on the situation of exporting and importing civil cryptographic products late by one month or more compared to the prescribed deadline.

3. Fine from VND 30,000,000 to VND 40,000,000 for the act of failing to maintain one of the conditions required to obtain an Export and Import Permit for Civil Cryptographic Products, except for the condition prescribed in point c, clause 2, Article 34 of the Cybersecurity Law.

4. Fine from VND 40,000,000 to VND 50,000,000 for the act of exporting and importing civil cryptographic products not in accordance with the contents recorded on the Export and Import Permit for Civil Cryptographic Products.

5. Impose a fine of VND 50,000,000 to VND 60,000,000 for one of the following acts:

a) Providing inaccurate information to obtain an Export and Import Permit for Civil Cryptographic Products;

b) Failing to cooperate or create favorable conditions for competent state agencies to implement operational measures when requested.

6. Fine from VND 60,000,000 to VND 80,000,000 for the act of exporting and importing civil cryptographic products without an Export and Import Permit for Civil Cryptographic Products.

7. Impose a fine of VND 80,000,000 to VND 100,000,000 for one of the following acts:

a) Failing to temporarily suspend or cease exporting and importing civil cryptographic products to ensure national defense, security, public order, and social safety upon request of competent state agencies;

b) Exporting and importing civil cryptographic products where the object and purpose of using such products harm national defense, security, public order, and social safety.

8. Additional forms of punishment:

Confiscate the objects and means used to commit the violations prescribed in clause 7, Article this.

9. Remedial measures:

a) Compel reporting on the situation of exporting and importing civil cryptographic products for the act of failing to submit reports as prescribed in clause 2, Article this;

b) Compel return of unlawful profits obtained from committing the violations as prescribed in clause 4, point a, clause 5, clauses 6 and 7, Article this;

c) Compel re-export of imported civil cryptographic products for the act of violating the provisions as prescribed in clause 4, point a, clause 5, and clause 6, Article this."

3. Amend and supplement Article 114 as follows:

"Article 114. Inspection Authority to Impose Administrative Sanctions

1. Inspectors of Ministries and agencies at the ministerial level assigned to perform inspection and supervision tasks within the scope of state management of Ministries and agencies at the ministerial level shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 8,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The heads of inspection teams of the following agencies: Radiation and Nuclear Safety Administration, Vietnam Maritime and Inland Waterways Administration, Vietnam Civil Aviation Administration, provincial-level public security organs; heads of inspection teams at military regions and the Command of Hanoi Capital City shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. Heads of inspection of the Radiation and Nuclear Safety Administration; Heads of inspection of the Vietnam Maritime and Inland Waterways Administration; Heads of inspection of the Vietnam Civil Aviation Administration; Heads of defense inspection of military regions; Heads of defense inspection of the Command of Hanoi Capital City; Heads of inspection of the State Bank regional branch; Heads of inspection of provincial-level public security organs assigned to perform inspection and supervision tasks within the scope of state management of Ministries and agencies at the ministerial level shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 160,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 64,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To revoke the right to use licenses or certificates of practice for a limited period or suspend operations for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

4. Heads of inspection of Ministries and agencies at the ministerial level; Heads of inspection teams at the Ministry and agency at the ministerial level level assigned to perform inspection and supervision tasks within the scope of state management of Ministries and agencies at the ministerial level; Heads of agencies responsible for specialized and sectoral state management shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations."

4. Supplement Article 114a after Article 114 as follows:

"Article 114a. Inspection Authority to Impose Administrative Sanctions of the Secretariat Inspection, Head of the Government Secretariat

1. Inspectors of the Government Secretariat shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations concerning civil cryptography in the field of network security;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. Heads of inspection teams of the Government Secretariat shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations concerning civil cryptography in the field of network security;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. Heads of Secretariat Inspection shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 160,000,000 for administrative violations concerning civil cryptography in the field of network security;

c) To revoke the right to use licenses or suspend operations for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

4. Heads of the Government Secretariat shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations concerning civil cryptography in the field of network security;

c) To revoke the right to use licenses or suspend operations for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations."

5. Amend and supplement Articles 115, 116, 117, 118, 119, 119a, 120, and 121 as follows:

"Article 115. Competence to Impose Penalties of the Chairpersons of People's Committees at All Levels

1. The Chairperson of the People's Committee of communes, wards, and special administrative-economic zones directly under provincial-level People's Committees (hereinafter referred to collectively as commune level) shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee of provinces and centrally-administered cities (hereinafter referred to collectively as provincial level) shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

Article 116. Competence to Impose Penalties of the People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 8,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The head of the Mobile Police Company has the right:

a) To issue warnings;

b) To impose fines up to VND 40,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 16,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

3. The Head of Police Station, the Head of Border Gate Police Station, the Head of Industrial Zone Police Station, the Head of Mobile Police Battalion Unit, the Head of Station, and the Team Leader shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 60,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 24,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Head of Police Station at the commune level; the Head of International Airport Border Gate Police Station; the Head of Business Units under the Department of Internal Security; the Head of Business Units under the Department of Internal Political Security; the Head of Business Units under the Department of Traffic Police; the Head of Business Units under the Cybersecurity and High-Tech Crime Prevention Department; the Head of Business Units under the Immigration Management Department; the Head of Business Units under the National Data Center; the Head of Mobile Police Regiment Unit; the Head of Provincial Police Departments including the Heads of Internal Security Department, Internal Political Security Department, Administrative Order Management Police Department, Social Order Crime Investigation Department, Corruption, Economy, Smuggling, Environment Crime Investigation Department, Traffic Police Department, Mobile Police Department, Cybersecurity and High-Tech Crime Prevention Department, Economic Security Department, Foreign Security Department shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 160,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 64,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

5. The Head of the Immigration Management Department under the Provincial Police Department shall have the authority to impose penalties as prescribed in Clause 4 of this Article and the authority to decide on applying the expulsion penalty form.

6. The provincial public security director have the right to:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply the expulsion penalty form;

e) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

7. The Directors of the Department of Internal Political Security, the Department of Economic Security, the Department of Administrative Order Management, the Department of Social Order Crime Investigation, the Department of Corruption, Economy, Smuggling, and Environmental Crime Investigation, the Department of Traffic Police, the Department of Cybersecurity and High-Tech Crime Prevention, the Department of Internal Security, the Commander of Mobile Police Force, and the Director of the National Data Center shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

8. The Director of the Immigration Management Department shall have the authority to impose penalties as prescribed in Clause 7 of this Article and the authority to decide on applying the expulsion penalty form.

Article 117. Competence to impose penalties of the Border Guard Force

1. Border Guard soldiers performing official duties have the right:

a) To issue warnings;

b) To impose fines up to VND 10,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and network security; to impose fines up to VND 4,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 8,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

3. The team leader of the Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime have the right to:

a) To issue warnings;

b) To impose fines up to VND 30,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and network security; to impose fines up to VND 12,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The border post commander, the maritime squadron commander, the commander-in-chief of the Border Guard Command at the port gate have the right to:

a) To issue warnings;

b) To impose fines up to VND 60,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 24,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

5. The Commander of the Special Task Force against Drugs and Crime under the Anti-Drug and Crime Department of the Border Guard Command has the right:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

6. The Commander of the Border Guard Command; the Commander of the Border Guard Flotilla; the Director of the Anti-Drug and Crime Department under the Border Guard Command have the right:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 118. Competence to impose penalties of the Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 10,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and network security; to impose fines up to VND 4,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 8,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) To impose fines up to VND 40,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 16,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to VND 60,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 24,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated at points a, c, d, đ, e, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

5. The Commander of the Coast Guard Flotilla; the Commander of the Reconnaissance Unit; the Commander of the Special Task Force against Drug Crimes under the Vietnam Coast Guard have the right:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated at points a, c, d, đ, e, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

6. The Commander of the Coast Guard Zone; the Director of the Operations and Legal Affairs Department under the Vietnam Coast Guard have the right:

a) To issue warnings;

b) To impose fines up to VND 160,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 64,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

7. The commander of the Vietnam Coast Guard have the right to:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 119. Competence of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000 for administrative violations in the fields of telecommunications, radio frequency, information technology, and network security; impose fines up to VND 8,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Head of the Market Management Team under the Market Management Sub-Department under the Department of Industry and Trade has the right:

a) To issue warnings;

b) To impose fines up to VND 60,000,000 for administrative violations in the fields of telecommunications, radio frequencies, information technology, and cyber security; impose fines up to VND 24,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. The Director of the Market Management Sub-Department; the Head of the Market Management Operations Department under the Domestic Market Management and Development Department have the right:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequencies, and information technology; to impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Domestic Market Management and Development Department has the right:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 119a. Competence of Customs

1. Customs officials performing official duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 10,000,000 for administrative violations in the fields of telecommunications, radio frequencies, and information technology; to impose fines up to VND 4,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Head of the Customs Office at the port/outside the port; the Head of the Post Clearance and Post-Clearance Inspection Team; the Head of the Clearance Team; the Head of the Customs Control Team under the Customs Sub-Department; the Head of the Anti-Smuggling Control Team under the Anti-Smuggling Investigation Sub-Department; the Head of the Post-Clearance Inspection Area Team under the Post-Clearance Inspection Sub-Department have the right:

a) To issue warnings;

b) To impose fines up to VND 60,000,000 for administrative violations in the fields of telecommunications, radio frequencies, and information technology; to impose fines up to VND 24,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. The Director of the Anti-Smuggling Investigation Sub-Department; the Director of the Post-Clearance Inspection Sub-Department; the Director of the Customs Sub-Department have the right:

a) To issue warnings;

b) To impose fines up to VND 100,000,000 for administrative violations in the fields of telecommunications, radio frequencies, and information technology; to impose fines up to VND 40,000,000 for administrative violations in the fields of postal services and electronic transactions;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Customs Department has the right:

a) To issue warnings;

b) To impose fines up to the maximum limit for administrative violations in the fields of telecommunications, radio frequency, information technology, network security, postal services, and electronic transactions;

c) To confiscate objects and means of administrative violations;

d) To revoke the right to use licenses and certificates of practice for a period of time or suspend operations for a period of time;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 120. Determination of Competence

1. The Chairperson of People's Committees at all levels shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree, except for those violations specified in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, according to the competence prescribed in Article 115 of this Decree and their assigned functions, tasks, powers.

2. The person authorized to impose administrative penalties of the People's Public Security shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in Articles 5, 6, 7, 8, 9, 10, 11, 12, and 13; Clauses 1, 2, 3, 4, 5, 6, and 8, Article 14; Clauses 1, 2, and 3, Article 15; Clauses 1, 2, 3, and 4, Article 16; Article 17; Clause 1, Article 18; Clauses 2 and 3, Article 19; Articles 20 and 21; Clauses 1 and 2, Article 23; Clause 1, Article 24; Clauses 1, 2, 3, 4, and 5, Article 25; Clauses 1, 2, and 3, Article 26; Clause 1, Article 27; Articles 28, 29, 30, 31, and 32; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12, Article 33; Clauses 1, 2, and 3, Article 34; Articles 35, 36, 37, 38, 39, 40, and 41; Clauses 1, 2, 3, and 4, Article 42; Clause 1, Article 43; Articles 44, 45, 46, and 47; Clauses 1 and 2, Article 48; Clause 1, Article 49; Articles 50 and 51; Clauses 1 and 2, Article 52; Articles 53 and 54; Clauses 1, 2, and 3, Article 55; Articles 56 and 57; Clauses 1, 2, 3, 4, 5, and 6, Article 58; Clause 1, Article 59; Articles 61, 62, and 63; Clauses 1, 2, and 4, Article 64; Articles 65, 66, 67, 69, 70, 71, 72, and 73; Clauses 1, 2, 3, and 4, Article 74; Articles 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 93a, and 93b; Clauses 1, 2, 3, 4, 5, and 6, Article 94; Clauses 1, 2, and 3, Article 95; Clauses 1, 2, 3, and 4, Article 96; Articles 98, 99, 100, 101, and 102; Clauses 1, 2, 3, 4, 5, and 6, Article 103; Clauses 1, 2, 3, 4, and 5, Article 104; Articles 105 and 106; Clauses 1, 2, 3, and 4, Article 107; Clause 1, Article 108; Clauses 1, 2, 3, and 4, Article 109; Clause 1, Article 110; Clauses 1, 2, and 3, Article 111; Clauses 1 and 2, Article 112; and Article 113 of this Decree, according to the competence prescribed in Article 116 of this Decree and their assigned functions, tasks, powers.

The Head of the Provincial Immigration Management Department, the Director of the Provincial Public Security, and the Director of the National Immigration Management Department shall have the authority to impose administrative penalties and decide on the application of the expulsion penalty form prescribed in this Decree.

3. The person authorized to impose administrative penalties of the Border Guard shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree, except for those violations specified in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 2, Article 51; Clauses 2 and 4, Article 64; Article 67; Clauses 2 and 3, Article 68; Clauses 2 and 3, Article 69; Clauses 2 and 3, Article 70; Clause 3, Article 77; and Article 80, according to the competence prescribed in Article 117 of this Decree within their management scope and assigned functions, tasks, powers.

4. The person authorized to impose administrative penalties of the Coast Guard shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree, except for those violations specified in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 2, Article 51; Clauses 2 and 4, Article 64; Article 67; Clauses 2 and 3, Article 68; Clauses 2 and 3, Article 69; Clauses 2 and 3, Article 70; Clause 3, Article 77; and Article 80, according to the competence prescribed in Article 118 of this Decree and their assigned functions, tasks, powers.

5. The person authorized to impose administrative penalties of Customs shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in Articles 5, 6, 7, 8, 9, 10, and 11; Clauses 1 and 2, Point b, Clause 3, Article 12; Article 13; Clauses 1, 2, 3, 4, 5, 6, and 7, Article 14; Article 15; Clauses 1, 2, 3, and 4, Article 16; Article 17; Clause 1, Article 18; Clause 1, Article 19; Articles 20 and 21; Clause 1, Article 22; Article 23; Clause 1, Article 24; Clauses 1, 2, 3, 4, 5, 7, and 8, Article 25; Clauses 1, 2, and 3, Points a, b, c, đ, and e, Clause 4; Points a and b, Clause 5; Point a, Clause 6, Article 26; Articles 27, 28, 29, 30, 31, and 32; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12, Article 33; Articles 34, 35, 36, 37, 38, 39, 40, and 41; Clauses 1 and 2, Points c, d, and đ, Clause 3; Point c, Clause 4; Points b and c, Clause 5, Article 42; Articles 43, 44, 45, 46, and 47; Clause 1, Point đ, Clause 2; Clause 3, Article 48; Articles 49 and 50; Clauses 1 and 3, Article 51; Articles 52, 53, 54, 55, 56, 57, and 58; Clause 1, Points b and c, Clause 2, Article 59; Points b and c, Clause 1, Article 60; Clauses 1 and 2, Point b, Clause 3; Clause 4, Article 62; Articles 63, 64, 65, and 66; Clause 1, Article 68; Clauses 1 and 4, Article 69; Clause 1, Article 70; Articles 71, 72, 73, and 74; Clause 1, Article 75; Article 76; Clauses 1 and 2, Article 77; Articles 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 93a, 93b, and 94; Clauses 1, 2, and 3, Article 95; Clauses 1, 2, 3, and 4, Article 96; Articles 98, 99, 100, 101, 102, and 103; Clauses 1, 2, 3, 4, and 5, Article 104; Articles 105 and 106; Chapters VI and VII of this Decree, according to the competence prescribed in Article 119a of this Decree and their assigned functions, tasks, powers.

6. The person authorized to impose administrative penalties of Inspection shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree, except for those violations specified in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, according to the competence prescribed in Article 114 of this Decree and their assigned functions, tasks, powers.

7. The person authorized to impose administrative penalties of Market Management shall have the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree, except for those violations specified in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, according to the competence prescribed in Article 119 of this Decree and their assigned functions, tasks, powers.

8. The coordination among agencies when imposing administrative penalties in the fields of postal services, telecommunications, radio frequency, information technology, cybersecurity, and electronic transactions shall be carried out in accordance with Article 52 of the Law on Handling Administrative Violations.

Article 121. Competence to draw up administrative violation records

The positions specified in Articles 114, 114a, 115, 116, 117, 118, 119, and 119a of this Decree, civil servants, public officials, members of the People's Army, People's Public Security Force, personnel engaged in confidential work performing their duties, tasks, and powers assigned in the fields of postal services, telecommunications, radio frequency, information technology, cybersecurity, and electronic transactions have the right to draw up administrative violation records in accordance with the provisions."

Chapter V
IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Decree takes effect from September 9, 2025.

2. Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products shall cease to be effective from the date this Decree takes effect.

Article 13. Transitional Provisions

1. Civilian cryptographic product and service businesses that have been granted a Business License for Civilian Cryptographic Products and Services in accordance with Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products, if they still have validity periods, do not need to reapply for a Business License for Civilian Cryptographic Products and Services. Within thirty days before the license expires, the enterprise must apply for a new license in accordance with this Decree.

2. Export and import licenses for civilian cryptographic products issued to enterprises prior to the date this Decree takes effect, where the product name matches the description of goods in the List of Goods for Export and Import of Vietnam, shall continue to implement customs procedures within the validity period indicated on the License. Customs authorities shall base their determination of HS codes and implementation of clearance procedures on the List of Goods for Export and Import of Vietnam, the Export and Import Licenses for Civilian Cryptographic Products already issued, and the actual exported and imported goods in accordance with the regulations.

3. Applications for new issuance, amendment, supplementation, reissuance, and extension received by the General Office for Official Communications at the time of Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the business of civilian cryptographic products and services and the export and import of civilian cryptographic products, which remain valid but have not yet been resolved, shall continue to follow the procedures, formalities, and documents stipulated in those Decrees.

4. Applications for new issuance, amendment, supplementation, reissuance, and extension received by the General Office for Official Communications from the date this Decree takes effect shall follow the procedures, formalities, and documents stipulated in this Decree.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.