Decree No. 50/2009/ND-CP supplements Article 12a of Decree No. 142/2004/ND-CP dated July 8, 2004, of the Government on administrative penalties for violations related to postal services, telecommunications, and radio frequency management.

DECREE

Supplementing Article 12a of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for violations related to postal services, telecommunications, and radio frequency spectrum management

________________________

THE GOVERNMENT

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

Pursuant to the Ordinance on Postal Services and Telecommunications dated May 25, 2002;

Pursuant to the Ordinance on Administrative Sanctions dated July 2, 2002; and the Ordinance amending and supplementing certain articles of the Ordinance on Administrative Sanctions dated April 2, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

Article 1. Supplementing Article 12a following Article 12 of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for violations related to postal services, telecommunications, and radio frequency spectrum management as follows:

"Article 12a. Penalties for violations in managing prepaid mobile phone subscriptions

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

a) Using information from identity cards, military identification cards, public security identification cards, or passports of other individuals or providing inaccurate information to register prepaid mobile phone subscription information;

b) Failing to update information when changing the owner of a prepaid mobile phone subscription.

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

a) Using information from identity cards, military identification cards, public security identification cards, or passports of another individual to register prepaid mobile phone subscription information or activate prepaid mobile phone subscriptions for others;

b) Accepting documents that are not identity cards, military identification cards, public security identification cards, or passports to register prepaid mobile phone subscription information;

c) Selling prepaid mobile phone SIM cards or prepaid mobile devices without SIM cards (non-SIM type) that have been registered with another individual's prepaid mobile phone subscription information.

3. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Accepting registration of prepaid mobile phone subscription information without authorization as prescribed;

b) The transaction point manager failing to properly follow the procedures for accepting registration of prepaid mobile phone subscription information;

c) Failing to report to the enterprise or competent authority when discovering violations during the process of registering, storing, and using prepaid mobile phone subscription information;

d) Failing to verify, update, or accurately transfer to the enterprise the prepaid mobile phone subscription information registered at their transaction points;

đ) Providing service to new prepaid mobile phone subscriptions for subscribers who provide incomplete prepaid mobile phone subscription information as prescribed, with less than 100 subscriptions.

4. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to develop a plan for managing prepaid mobile phone subscriptions;

b) Failing to issue procedures for registering prepaid mobile phone subscription information;

c) Incorrectly authorizing the acceptance of registration of prepaid mobile phone subscription information;

d) Failing to instruct transaction point managers or prepaid mobile phone subscription holders on management regulations;

đ) Providing service to new prepaid mobile phone subscriptions for subscribers who provide incomplete prepaid mobile phone subscription information as prescribed, with between 100 and less than 300 subscriptions.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Accepting prepaid mobile phone subscription information provided by unauthorized transaction point managers;

b) Failing to monitor the implementation of prepaid mobile phone subscription information registration procedures by transaction point managers as prescribed;

c) Providing service to new prepaid mobile phone subscriptions for subscribers who provide incomplete prepaid mobile phone subscription information as prescribed, with between 300 and less than 500 subscriptions;

d) Failing to terminate service for prepaid mobile phone subscription holders who provide inaccurate information when discovered by the enterprise itself;

đ) Mobile information service providers failing to properly accept registration of prepaid mobile phone subscription information.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Failing to implement or implementing a subscriber database that does not ensure the collection, updating, and storage of information as prescribed;

b) Failing to terminate authorization for transaction point managers to use identity cards, military identification cards, public security identification cards, or passports of themselves or others to declare or activate prepaid mobile phone subscriptions contrary to regulations.

c) Failing to terminate service for prepaid mobile phone subscription holders upon request of the competent state authority;

d) Failing to connect the prepaid mobile phone subscription information database with the databases of state management agencies as required when requested;

đ) Providing service to new prepaid mobile phone subscriptions for subscribers who provide incomplete prepaid mobile phone subscription information as prescribed, with 500 or more subscriptions.

7. Additional forms of administrative sanction:

Seizure of objects used to commit administrative violations (excluding identity cards, military identification cards, public security identification cards, or passports) for violations stipulated in Clause 2, Point b Clause 3, and Point đ Clause 5 of this Article.

8. Measures to remedy consequences:

Compelling compliance with decisions of competent state authorities for violations stipulated in Clause 1, Point a, b Clause 2, Point đ Clause 3, Points a, b, d, đ Clause 4, Points b, c, đ Clause 5, and Clause 6 of this Article."

Article 2. This Decree takes effect from July 15, 2009.

Article 3. The Minister of Information and Communications shall guide the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and relevant organizations and individuals are responsible for enforcing this Decree.