Decree No. 51/2011/ND-CP on administrative sanctions for violations in the field of radio frequency spectrum

DECREE

Rules on administrative penalties for violations in the field of radio frequency spectrum

______________________

THE GOVERNMENT

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

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002;

The Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of violation, forms, levels of administrative penalties, and the authority to impose administrative penalties regarding radio frequency spectrum, radio equipment, satellite orbits, and radiofrequency electromagnetic safety, electromagnetic compatibility (hereinafter referred to as the radio frequency spectrum field).

2. An administrative violation in the field of radio frequency spectrum is an intentional or negligent act by an individual, agency, or organization (hereinafter collectively referred to as individuals or organizations) that violates state management regulations in the field of radio frequency spectrum without constituting a crime and according to the law must be subject to administrative penalties.

Article 2. Principles of Penalties

The principles of imposing administrative penalties in the field of radio frequency spectrum shall be implemented in accordance with Article 3 of the Ordinance on Handling Administrative Violations, Article 3 and Article 4 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations in 2002 and the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008.

Article 3. Time Limit for Imposing Administrative Sanctions

1. The statute of limitations for administrative penalties in the field of radio frequency spectrum is one year, counted from the date the administrative violation was committed.

For violations concerning fees and charges, the statute of limitations for administrative penalties is two years, counted from the date the administrative violation was committed.

2. For individuals who have been indicted, prosecuted, or have a decision to bring a case of violation in the field of radio frequency spectrum to trial under criminal procedure, but subsequently have a decision to terminate the investigation or terminate the case where the violation has signs of an administrative violation, they will be subject to administrative penalties; within three days from the date of issuing the decision to terminate the investigation or terminate the case, the person issuing the decision must send the decision to the competent authority to impose penalties; in this case, the statute of limitations for administrative penalties is three months, counted from the date the competent authority to impose penalties receives the decision to terminate and the case file.

3. Beyond the time limits specified in paragraphs 1 and 2 of this Article, no penalties will be imposed, but the measures to remedy consequences prescribed in paragraph 3 of Article 4 of this Decree will still be applied.

4. Within the time limit prescribed in paragraphs 1 and 2 of this Article, if an individual or organization commits a new administrative violation in the same field as previously violated or intentionally evades or obstructs the imposition of penalties, the statute of limitations for administrative penalties will be calculated from the date of committing the new administrative violation or from the date of ceasing the evasion or obstruction of the imposition of penalties.

Article 4. Forms of Administrative Penalties in the Field of Radio Frequency Spectrum and Measures to Remedy Consequences

1. For each act of administrative violation, the violator must bear one of the following main forms of penalty:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, the violator may also be subject to one or more of the following supplementary forms of penalty:

a) Revocation of the license to use radio frequencies and radio equipment, the license to use radio frequencies and satellite orbits, the license to use frequency bands, and the radio operator certificate for a period of one to three months or indefinitely;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of penalty and supplementary penalties prescribed in paragraphs 1 and 2 of this Article, the violator may also be subject to one or more of the following measures to remedy consequences:

a) Collection of radio frequency usage fees during the period of using the frequency without a license;

b) Compulsion to pay into the State budget the amount obtained from the implementation of the administrative violation;

c) Compulsion to comply with the provisions of the law or the competent authority;

d) Compulsion to cease renting or lending radio equipment;

đ) Compulsion to recall, compel recycling, compel re-exportation, compel cessation of use, compel change of purpose of use of radio frequencies, radio equipment, electrical equipment, electronic equipment;

e) Compulsion to compensate for losses, compel restoration to the original condition;

g) Compulsion to cease cooperation with foreign organizations using radio frequency spectrum, satellite orbits;

h) Compulsion to recall files, documents, equipment, evidence, means of transportation that have been concealed.

Chapter II

VIOLATIONS OF THE RADIO FREQUENCY SPECTRUM FIELD, FORMS AND LEVELS OF PENALTIES

Section 1

VIOLATIONS OF REGULATIONS ON LICENSES AND USE OF RADIO FREQUENCY SPECTRUM

Article 5. Violation of regulations on permits

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for the act of not declaring or not processing procedures to reissue a permit within a maximum of 15 days from the date of change of name of the individual or organization granted the permit or loss or damage of the permit for one of the following types of permits:

a) Permit for using frequency and radio equipment for amateur radio stations;

b) Permit for using frequency and radio equipment for radio stations installed on fishing vessels;

c) Permit for using frequency and radio equipment for communication radio stations with fishing vessels.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of not declaring or not processing procedures to reissue a permit within a maximum of 15 days from the date of change of name of the individual or organization granted the permit or loss or damage of the permit for one of the following permits:

a) Permit for using frequency and radio equipment for wireless broadcasting stations;

b) Permit for using frequency and radio equipment for radio equipment used for technology demonstration at exhibitions, trade fairs.

3. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of not declaring or not processing procedures to reissue a permit within a maximum of 15 days from the date of change of name of the individual or organization granted the permit or loss or damage of the permit for one of the following permits:

a) Permit for using frequency and radio equipment for internal radio communication networks;

b) Permit for using frequency and radio equipment for private telecommunications networks using mobile service frequencies.

4. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not declaring or not processing procedures to reissue a permit after 15 days from the date of change of name of the individual or organization granted the permit or loss or damage of the permit for one of the following permits:

a) Permit for using frequency and radio equipment for microwave transmission lines;

b) Permit for using frequency and radio equipment for broadcasting and television transmitting equipment;

c) Permit for using frequency and radio equipment for ship stations;

d) Permit for using frequency and radio equipment for earth satellite stations;

đ) Permit for using frequency and radio equipment for fixed stations, shore stations, single units, and other cases.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not declaring or not processing procedures to reissue a permit after 15 days from the date of change of name of the individual or organization granted the permit or loss or damage of the permit for one of the following permits:

a) Band permit;

b) Permit for using frequency and satellite orbit.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of repairing, erasing, altering the content of the permit or declaring false information to obtain or extend or amend or supplement one of the permits mentioned in Clause 1, 2, 3, 4, and 5 of this Article.

7. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of declaring false information to participate in auctioning, examination for the right to use radio frequency or to obtain a permit for using frequency and satellite orbit.

8. Additional forms of punishment:

Suspension of the right to use the permit for a period of from one month to three months or indefinitely for violations stipulated in Clause 6 and Clause 7 of this Article.

Article 6. Violations of regulations on the use of frequency bands and radio equipment

1. A fine of VND 500,000 to VND 1,000,000 per device shall be imposed for any of the following acts:

a) Installing the antenna of a radio wave transmitting device at a wrong location or placing a radio wave transmitting device at a wrong location specified in the license for using frequency bands and radio equipment within the province or centrally governed city.

b) Using the device contrary to the provisions in the license regarding: call sign or identification, operating hours, antenna specifications, transmission method, standard system, purpose of use, communication object;

c) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by law for devices with power not exceeding 150 watts.

2. A fine of VND 1,000,000 to VND 2,000,000 per device shall be imposed for any of the following acts:

a) Installing the antenna of a radio wave transmitting device at a wrong location or placing a radio wave transmitting device at a wrong location specified in the license for using frequency bands and radio equipment outside the province or centrally governed city;

b) Using the service contrary to the provisions in the license;

c) Using frequency bands and radio wave transmitting devices with power not exceeding 150 watts without a license;

d) Using frequency bands and radio wave transmitting devices with power not exceeding 150 watts when there is a decision to suspend or terminate operations by the competent state agency;

đ) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by Vietnamese law for devices with power exceeding 150 watts but not exceeding 1 kilowatt;

e) Using frequency bands not in accordance with the frequencies specified in the license for using frequency bands and radio wave transmitting devices for devices with power not exceeding 150 watts.

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

a) Using frequency bands and radio wave transmitting devices with power exceeding 150 watts but not exceeding 500 watts without a license;

b) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by Vietnamese law for devices with power exceeding 1 kilowatt but not exceeding 5 kilowatts;

c) Using frequency bands and radio wave transmitting devices with power exceeding 150 watts but not exceeding 500 watts when there is a decision to suspend or terminate operations by the competent state agency;

d) Using frequency bands not in accordance with the frequencies specified in the license for using frequency bands and radio wave transmitting devices for devices with power exceeding 150 watts but not exceeding 500 watts.

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

a) Using frequency bands and radio wave transmitting devices with power exceeding 500 watts but not exceeding 1 kilowatt without a license;

b) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by Vietnamese law for devices with power exceeding 5 kilowatts but not exceeding 10 kilowatts;

c) Using frequency bands and radio wave transmitting devices with power exceeding 500 watts but not exceeding 1 kilowatt when there is a decision to suspend or terminate operations by the competent state agency;

d) Using frequency bands not in accordance with the frequencies specified in the license for using frequency bands and radio wave transmitting devices for devices with power exceeding 500 watts but not exceeding 1 kilowatt.

5. A fine of VND 10,000,000 to VND 20,000,000 per device shall be imposed for any of the following acts:

a) Using frequency bands and radio equipment with power exceeding 1 kilowatt but not exceeding 5 kilowatts without a license;

b) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by Vietnamese law for devices with power exceeding 10 kilowatts but not exceeding 20 kilowatts;

c) Using frequency bands and radio wave transmitting devices with power exceeding 1 kilowatt but not exceeding 5 kilowatts when there is a decision to suspend or terminate operations by the competent state agency;

d) Using frequency bands not in accordance with the frequencies specified in the license for using frequency bands and radio wave transmitting devices for devices with power exceeding 1 kilowatt but not exceeding 5 kilowatts.

6. A fine of VND 20,000,000 to VND 30,000,000 per device shall be imposed for any of the following acts:

a) Using frequency bands and radio wave transmitting devices with power exceeding 5 kilowatts but not exceeding 10 kilowatts without a license;

b) Transmitting beyond the power specified in the license for using frequency bands and radio wave transmitting devices or failing to meet other technical standards prescribed by Vietnamese law for devices with power exceeding 20 kilowatts;

c) Using frequency bands and radio wave transmitting devices with power exceeding 5 kilowatts when there is a decision to suspend or terminate operations by the competent state agency;

d) Using frequency bands not in accordance with the frequencies specified in the license for using frequency bands and radio wave transmitting devices for devices with power exceeding 5 kilowatts.

7. A fine of VND 30,000,000 to VND 40,000,000 per device shall be imposed for the act of using earth satellites contrary to the provisions in the license.

8. A fine of VND 40,000,000 to VND 50,000,000 per device shall be imposed for any of the following acts:

a) Using frequency bands and satellite orbits, satellite radio communication equipment not in accordance with the provisions in the license;

b) Failing to comply with the provisions on communication information when aircraft or ships of Vietnam or foreign countries enter, leave, or stay at Vietnamese airports or seaports;

c) Using frequencies outside the bandwidth limits granted by the license.

d) Having a maximum emission level outside the frequency band exceeding the permitted level specified in the Frequency Band Usage Permit;

đ) Having a maximum emission level outside the coverage area exceeding the permitted level specified in the Frequency Band Usage Permit;

e) Using radio frequencies designated for emergency, safety, search and rescue, disaster relief, national defense, and security purposes incorrectly or contrary to regulations;

g) Operating a satellite earth station without a Frequency and Radio Equipment Usage Permit.

9. Imposing a fine of from VND 50,000,000 to VND 70,000,000 per device for any of the following violations:

a) Using frequencies or satellite orbits without a permit;

b) Using radio equipment with power greater than 10 kW without a permit;

10. Imposing a fine of from VND 70,000,000 to VND 100,000,000 per device for the violation of using a frequency band without a permit.

11. Additional forms of punishment:

a) Revoking the usage permit rights for a period of from one month to three months for the violation stipulated in points c, d, đ, e, Clause 8;

b) Seizing the objects and means used to commit the violations stipulated in point c, Clause 2; point a, Clause 3; point a, Clause 4; point a, Clause 5; point a, Clause 6; Clause 7; Clause 9; Clause 10 of this Article.

12. Measures to remedy consequences:

Recovering the frequency usage fee during the period of unauthorized frequency usage for the violations stipulated in point c, Clause 2; point a, Clause 3; point a, Clause 4; point a, Clause 5; point a, Clause 6; Clause 9; Clause 10 of this Article.

Article 7. Violations of the provisions on the transfer of frequency usage rights

1. Imposing a fine of from VND 30,000,000 to VND 50,000,000 for any of the following violations:

a) Transferring frequency usage rights without the written consent of the Ministry of Information and Communications;

b) Falsely declaring information about the transfer application to obtain frequency usage rights.

2. Measures to remedy consequences:

Compelling the payment of the proceeds obtained from the administrative violation stipulated in point a, Clause 1 of this Article into the state budget.

Article 8. Violations of the provisions on leasing and borrowing radio equipment

1. Imposing a fine of from VND 500,000 to VND 1,000,000 for the failure to fully complete one of the following contents in the lease or loan agreement for radio equipment:

a) The name, address, contact phone number (or other communication method) of the lessee or borrower;

b) The number of the frequency and radio equipment usage permit;

c) The frequency used;

d) Contact time;

đ) Lease or loan term;

e) Date of delivery of the radio equipment.

2. Imposing a fine of from VND 1,000,000 to VND 2,000,000 for failing to amend or supplement the contents of the lease or loan agreement when there is a change in the frequency and radio equipment usage permit.

3. Imposing a fine of from VND 2,000,000 to VND 5,000,000 for any of the following violations:

a) Not preparing a lease or loan record for radio equipment;

b) Not retaining a certified copy of the identity card or passport still valid of the individual lessee or borrower; or a certified copy of the decision establishing or business registration certificate or investment certificate of the organizational lessee or borrower; or a certified copy of the radio operator's certificate of the lessee or borrower; or the lease or loan agreement for radio equipment;

c) Not submitting the lease or loan record to the Radio Frequency Management Center or submitting it but delivering the radio equipment within five days after submission.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Falsely declaring information to lease or borrow radio equipment;

b) Leasing or lending radio equipment to an entity not specified in Clause 1, Article 19 of the Radio Frequency Law.

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

a) Not terminating the lease or loan agreement for radio equipment when the parties no longer need to lease or borrow or when the lessor or borrower violates the law and has their license revoked or operations suspended;

b) Not canceling the lease or loan agreement for radio equipment within seven days from receiving the authority's request to cancel;

c) Canceling the lease or loan agreement for radio equipment but not notifying the Regional Radio Frequency Center in writing.

6. Measures to remedy consequences:

a) Compelling compliance with the legal provisions for the violations stipulated in Clauses 1, 2, and 3 of this Article;

b) Compelling the termination of leasing or lending radio equipment for the violations stipulated in Clause 4 and point a, b, Clause 5 of this Article.

Article 9. Violations concerning the common use of radio frequencies

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Engaging in conversations outside the scope of work purposes, not in accordance with the intended objects, or not in accordance with the purpose of use specified in the license;

b) Establishing a call when the radio frequency channel is busy unless it relates to emergency rescue or human safety;

c) Using incorrect call signs or identification signals, or failing to use call signs or identification signals as prescribed in the frequency usage and radio equipment license;

d) Continuous communication time exceeding five minutes;

đ) Failing to transmit call signs at the beginning or end of each call.

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

a) Switching to a backup frequency when the designated frequency is not interfered with or is not being used by another individual or organization;

b) Intentionally receiving or using information obtained from other radio stations sharing the same radio frequency.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to use the encryption code assigned by the Radio Frequency Management Department when using encrypted signals.

4. Measures to remedy consequences:

The violator must comply with the provisions of the law regarding the violation stipulated in Clause 3 of this Article.

Article 10. Violations concerning the provision and use of radio frequency equipment without a license

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for using equipment listed in the Catalogue of Radio Equipment Not Requiring Licenses but not complying with technical conditions and operational requirements for exempted radio equipment.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for producing, importing, or circulating equipment listed in the Catalogue of Radio Equipment Not Requiring Licenses but not declaring or ensuring that the equipment meets technical conditions and operational requirements.

3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for producing or importing equipment listed in the Catalogue of Radio Equipment Not Requiring Licenses but not conforming to published parameters and standards.

4. Measures to remedy consequences:

The violator must comply with the provisions of the law regarding the violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 11. Violations concerning fees and charges

Violations concerning fees and charges in the field of radio frequencies shall be handled according to the Government Decree stipulating administrative penalties for violations related to fees and charges.

Article 12. Violations concerning radio operator certificates

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Operating radio equipment within business areas requiring a radio operator certificate but lacking a suitable certificate issued by the competent authority;

b) Providing false information for obtaining a radio operator certificate.

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

a) Using personnel without a radio operator certificate or using personnel with unsuitable radio operator certificates to operate radio equipment within business areas requiring such certificates;

b) Counterfeiting, erasing, or altering radio operator certificates to operate radio equipment within business areas requiring such certificates.

3. Additional forms of punishment:

The right to use the radio operator certificate shall be revoked for violations stipulated in point b of Clause 1 and point b of Clause 2 of this Article.

4. Measures to remedy consequences:

The violator must comply with the provisions of the law or the competent authority regarding the violations stipulated in Clause 1 and Clause 2 of this Article.

Article 13. Violation of regulations on the use of frequencies and radio equipment in emergency situations

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Using frequencies and radio equipment not specified in the license to call for rescue but failing to notify the specialized management agency within a maximum of 15 days after the end of the emergency event;

b) Issuing emergency alarms when people and vehicles are still in a safe condition without taking corrective measures immediately thereafter.

2. Measures to remedy consequences:

Compel compliance with the provisions of the law regarding violations stipulated in Clause 1 of this Article.

Article 14. Violation of regulations on frequency planning for radio services

1. Imposing a fine of from VND 10,000,000 to VND 20,000,000 on the act of producing or importing for use or circulation on the market radio equipment, radio wave application equipment that does not comply with the frequency planning for radio services of Vietnam.

2. Measures to remedy consequences:

Compel the recall, compel recycling, compel re-export of radio equipment for acts of production, importation violating administrative regulations stipulated in Clause 1 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON RADIO EMISSION QUALITY, RADIO FREQUENCY RADIATION SAFETY, AND ELECTRONIC INTERFERENCE RESISTANCE

Article 15. Violation of regulations on radio emission quality

1. Imposing a fine of from VND 200,000 to VND 500,000 on the act of selling radio equipment listed in the Catalogue of radio equipment capable of causing harmful interference that must be certified and announced as compliant but lacks certification, announcement, or conformity mark.

2. Imposing a fine of from VND 10,000,000 to VND 15,000,000 on the act of producing or importing radio equipment listed in the Catalogue of radio equipment capable of causing harmful interference that must be certified and announced as compliant before being put into circulation on the market but failing to carry out one of the following activities:

a) Certification as compliant;

b) Announcement as compliant;

c) Use of the conformity mark.

3. Imposing a fine of from VND 25,000,000 to VND 30,000,000 on the act of producing or importing radio equipment listed in the Catalogue of radio equipment capable of causing harmful interference that must be certified and announced as compliant but having quality not conforming to the corresponding technical standards already certified.

4. Measures to remedy consequences:

a) Compel compliance with the provisions of the law regarding violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compel the recall of radio equipment circulating on the market; compel change of purpose of use; recycle or re-export imported radio equipment violating the provisions of Clause 3 of this Article.

Article 16. Violation of regulations on safety from radio frequency radiation

1. Imposing a fine of from VND 2,000,000 to VND 5,000,000 on one of the following acts:

a) Selling equipment listed in the Catalogue of radio equipment, radio wave application equipment capable of causing loss of safety from radio frequency radiation that must be certified and announced as compliant but lacking certification, announcement, or conformity mark;

b) Failing to comply with regulations on ensuring safety from radio frequency radiation when using radio stations, radio equipment, radio wave application equipment.

2. Imposing a fine of from VND 10,000,000 to VND 15,000,000 on the act of producing or importing equipment listed in the Catalogue of radio equipment, radio wave application equipment capable of causing loss of safety from radio frequency radiation before putting it into circulation on the market or using it but failing to carry out one of the following activities:

a) Certification as compliant;

b) Announcement as compliant;

c) Use of the conformity mark.

3. Imposing a fine of from VND 25,000,000 to VND 30,000,000 on the act of putting into use a radio station listed in the Catalogue of radio stations required to undergo mandatory inspection for safety from radio frequency radiation but failing to carry out such inspection.

4. Measures to remedy consequences:

Compel the recall, compel cessation of use of radio equipment, radio wave application equipment for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 17. Violation of provisions on electromagnetic compatibility management

1. Imposing a fine of from VND 2,000,000 to VND 5,000,000 on one of the following acts:

a) Selling electrical and electronic equipment emitting radio waves listed in the Catalogue of Equipment Capable of Causing Safety Hazards Due to Electromagnetic Incompatibility prescribed in Clause 3 or Clause 4 of Article 15 of the Radio Frequency Law but without conformity certification, without declaration of conformity, or without conformity mark;

b) Failure to comply with electromagnetic compatibility management regulations when using electrical and electronic equipment emitting radio waves.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of producing or importing electrical and electronic equipment emitting radio waves listed in the Catalogue of Equipment Capable of Causing Safety Hazards Due to Electromagnetic Incompatibility prescribed in Clause 3 or Clause 4 of Article 15 of the Radio Frequency Law before being put into circulation on the market but not performing any of the following activities:

a) Certification as compliant;

b) Announcement as compliant;

c) Use of the conformity mark.

3. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed on the act of producing or importing electrical and electronic equipment emitting radio waves listed in the Catalogue of Equipment Capable of Causing Safety Hazards Due to Electromagnetic Incompatibility prescribed in Clause 3 or Clause 4 of Article 15 of the Radio Frequency Law but having quality that does not meet the technical standards corresponding to those certified.

4. Measures to remedy consequences:

a) Compel compliance with the provisions of the law regarding violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compel the recall of electrical and electronic equipment circulating on the market; compel a change in purpose of use, recycling, or re-exporting imported electrical and electronic equipment violating the provisions of Clause 3 of this Article.

Section 3

VIOLATIONS OF PROVISIONS ON THE HANDLING OF HARMFUL INTERFERENCE

Article 18. Violations of provisions on causing harmful interference

1. Warning or a fine of from VND 500,000 to VND 1,000,000 per device or harmful interference source for failing to comply with technical standards as prescribed by laws on electromagnetic compatibility (EMC) management for radio communication devices, radio wave application devices, and radio-emitting devices causing harmful interference to:

a) Public telecommunications networks, private telecommunications networks, and specialized telecommunications networks;

b) Broadcasting channels, television frequencies, or other radio reception/transmission frequencies.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of using radio transmission equipment that does not ensure technical standards or is not used in accordance with the regulations of competent state agencies, causing harmful interference to private telecommunications networks, specialized telecommunications networks, or broadcasting channels, television frequencies, or other radio reception/transmission frequencies within the province or centrally governed city.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of using radio transmission equipment not in accordance with the license or not in accordance with the regulations of competent state agencies, causing harmful interference to:

a) Domestic and international public fixed telecommunications networks;

b) Private telecommunications networks, specialized telecommunications networks, or broadcasting channels, television frequencies, or other radio reception/transmission frequencies nationwide;

c) Public mobile telecommunications networks, public satellite fixed telecommunications networks, public satellite mobile telecommunications networks, and public maritime radio communications networks.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on the act of using radio transmission equipment not in accordance with the license or not in accordance with the regulations of competent state agencies, causing harmful interference to:

a) National trunk telecommunications systems;

b) Private telecommunications networks, specialized telecommunications networks, or national and international broadcasting channels, television frequencies, or other radio reception/transmission frequencies;

c) National and international calling, monitoring, rescue, distress, safety information, and standard signal frequencies.

5. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on any of the following acts:

a) Using radio transmission equipment intentionally causing harmful interference to obstruct the operation of other radio communication networks and systems;

b) Using radio transmission equipment causing harmful interference but not implementing the technical measures required by the competent state management agency to mitigate interference;

c) Not applying measures as prescribed or as required by the competent authority to handle harmful interference.

6. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed on one of the following acts:

a) Using harmful interference equipment for radio navigation, safety, search and rescue, disaster relief, defense, and security operations when there has been a request from the competent state agency to stop using such equipment;

b) Damaging radio communication infrastructure or unlawfully obstructing the construction of lawful radio communication infrastructure.

7. Additional forms of administrative sanction:

Seize the objects and means used to commit administrative violations as stipulated in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compel compliance with the provisions of the law on electromagnetic compatibility (EMC) management for the violations specified in Clause 1 of this Article;

b) Compel compensation for damages or restoration to the original condition due to the implementation of the violation as stipulated in point b of Clause 6 of this Article.

Section 4

VIOLATIONS OF PROVISIONS ON REGISTRATION AND INTERNATIONAL COOPERATION ON RADIO FREQUENCIES, SATELLITE ORBITS

Article 19. Violations of international registration regulations for radio frequency and satellite orbit

1. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on the act of not processing procedures as prescribed for international registration and coordination of radio frequencies and satellite orbits in the following cases:

a) Using frequencies and radio equipment that can cause harmful interference to another country's radio services;

b) Using radio frequencies for international radio communication systems;

c) Using radio frequencies allocated by an international organization to other countries;

d) Using radio frequencies in one of the cases where international coordination must be carried out according to international agreements or treaties to which Vietnam is a party.

2. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed on the act of declaring false information in the application for registration of radio frequencies and satellite orbits or the application for registration of radio frequencies.

3. Additional forms of punishment:

Revocation of the right to use the license for radio frequencies and satellite orbits for a period of from 01 to 03 months for violations stipulated in Clause 2 of this Article.

4. Measures to remedy consequences:

Order cessation of the use of radio frequencies and equipment for violations stipulated in Clause 1 of this Article.

Article 20. Violations of international coordination regulations

1. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on the act of not participating in coordination of radio frequencies and satellite orbits or radio frequencies with the frequency management agencies of other countries as prescribed by law.

2. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed on the act of coordinating with foreign organizations using radio frequencies and satellite orbits without permission from the Ministry of Information and Communications.

3. Measures to remedy consequences:

Order cessation of coordination with foreign organizations using radio frequencies and satellite orbits when committing violations stipulated in Clause 2 of this Article.

Section 5

VIOLATIONS OF REPORTING REGULATIONS AND FAILURE TO COMPLY WITH INSPECTION AND CONTROL BY COMPETENT STATE AUTHORITIES

Article 21. Violations of reporting regulations

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on the act of late reporting up to 15 days compared to the provisions or as required by competent state authorities.

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

a) Reporting incompletely as prescribed or as required by competent state authorities;

b) Late reporting more than 15 days compared to the provisions or as required by competent state authorities.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Failure to implement the reporting system as prescribed or as required by competent state authorities;

b) Reporting falsely as prescribed or as required by competent state authorities.

4. Measures to remedy consequences:

Order compliance with the provisions for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 22. Acts obstructing or opposing officials or state agencies in performing their inspection and supervision duties

1. A warning or a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on one of the following acts:

a) Not providing or providing incomplete relevant documents, papers, and certificates as requested by authorized inspectors and supervisors;

b) Not declaring or declaring inaccurately about matters related to inspection and supervision;

c) Concealing evidence, contraband items, means, and equipment;

d) Illegally obstructing the inspection and supervision activities of authorized personnel performing their duties;

e) Making statements or actions that insult, threaten, or defame the dignity and reputation of those performing their duties but not to the extent of criminal prosecution.

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

a) Disposing of evidence, documents, and equipment related to the content of inspection and supervision or disposing of contraband items and means being temporarily detained;

b) Unauthorized removal of seals on contraband items and means being sealed or temporarily detained;

c) Creating or forging documents, data, and reports as required.

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

a) Delaying or evading the execution of inspection decisions;

b) Not cooperating with specialized frequency management agencies to identify or handle interference sources.

4. Additional forms of administrative punishment:

a) Revocation of the right to use licenses for a period of from 01 to 03 months for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article;

b) Confiscation of contraband items and means used to commit administrative violations stipulated in Clause 2 of this Article.

5. Measures to remedy consequences:

Order recovery of disposed documents, evidence, equipment, contraband items, and means for violations stipulated in point a of Clause 2 of this Article.

Chapter III

COMPETENT AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Article 23. Competence to impose administrative penalties of specialized inspection in radio frequency spectrum

1. Specialized telecommunications inspectors, persons assigned to perform specialized inspections in radio frequency spectrum while performing their duties have the competence:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects and means used for administrative violations up to a value of 2,000,000 VND;

d) Apply measures to remedy consequences as stipulated at points a and c, Clause 3, Article 4 of this Decree;

đ) Carry out the rights prescribed at point 2, Clause 19, Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008 and Clause 2, Article 48 of the Ordinance on Handling Administrative Violations 2002;

2. Heads of specialized telecommunications inspection departments, heads of agencies assigned to perform specialized inspection functions in radio frequency spectrum have the competence:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Suspend the right to use licenses and certificates;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply measures to remedy consequences as stipulated at points a, c, d, Clause 3, Article 4 of this Decree;

e) Carry out the rights prescribed at point 1, Clause 19, Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008;

3. Heads of specialized telecommunications inspection departments have the competence:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Suspend the right to use licenses and certificates within their competence;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply measures to remedy consequences as stipulated at points a, c, d, Clause 3, Article 4 of this Decree;

e) Carry out the rights prescribed at point 1, Clause 19, Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008;

4. Specialized telecommunications inspectors, persons assigned to perform specialized inspections in radio frequency spectrum, Heads of specialized telecommunications inspection departments, heads of agencies assigned to perform specialized inspection functions in radio frequency spectrum, Heads of specialized telecommunications inspection departments have the competence to impose administrative penalties regarding radio frequencies, radio frequency usage fees according to the provisions of the law.

Article 24. Competence to impose penalties of other specialized inspections

Within the scope of state management authority defined by the Government, Inspectors and Heads of other specialized inspection agencies have the competence to impose penalties for administrative violations in managing and using radio frequency spectrum within their respective fields of state management.

Article 25. Competence to impose penalties of People's Committees at all levels

Chairpersons of People's Committees at all levels have the competence to impose penalties according to the competences prescribed at Clauses 4 and 5, Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008 and Article 30 of the Ordinance on Handling Administrative Violations 2002 amended by the Ordinance amending certain articles of the Ordinance on Handling Administrative Violations 2008 within the territory under their management for administrative violations concerning radio frequency spectrum as prescribed in this Decree.

Article 26. Competence to impose penalties of Public Security Forces, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management Agencies

Public Security Forces, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management Agencies have the competence to impose penalties according to the competences prescribed at Clauses 6, 7, 8, 9, 11, Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008 and Article 37 of the Ordinance on Handling Administrative Violations 2002 for administrative violations concerning radio frequency spectrum directly related to their respective fields of management as prescribed in this Decree.

Article 27. Allocation of Administrative Offense Penalty Authority

1. In cases where an administrative offense falls under the penalty authority of multiple individuals, the penalty shall be carried out by the first individual to handle the case.

2. The penalty authority of those persons specified in Articles 23, 24, 25, and 26 of this Decree applies to a single administrative violation. In cases involving fines, the penalty authority is determined based on the maximum amount of the fine prescribed for each specific violation.

3. In cases where a person commits multiple administrative violations, the penalty authority is determined according to the principle set forth in Point 3, Clause 17, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations in 2008.

Article 28. Procedures for Imposing Administrative Penalties and Enforcing Penalty Decisions

1. The procedures for imposing administrative penalties are governed by the Ordinance on Handling Administrative Violations in 2002, the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations in 2008, and Decree No. 128/2008/NĐ-CP dated December 16, 2008, of the Government detailing the implementation of certain provisions of the two Ordinances mentioned above.

2. The application of coercive measures to enforce administrative penalty decisions is carried out in accordance with Decree No. 37/2005/NĐ-CP dated March 18, 2005, of the Government on the procedures for applying coercive measures to enforce administrative penalty decisions and Clause 27, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations in 2008.

3. All administrative violation cases subject to penalties must be documented in files and retained fully at the penalty enforcement agency for the duration prescribed by law.

Article 29. Sample Records and Decisions Used in Administrative Penalty Cases in the Radio Frequency Spectrum Field

Attached to this Decree are Appendices containing sample records and decisions used in administrative penalty cases in the radio frequency spectrum field.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Decree takes effect from September 1, 2011, and abolishes Section 3, Chapter II of Decree No. 142/2004/NĐ-CP dated July 8, 2004, of the Government concerning administrative penalties for postal services, telecommunications, and radio frequency spectrum.

Article 31. Responsibility for Implementation

The Minister of Information and Communications, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.