Decree No. 55/2010/ND-CP amending and supplementing certain articles of Decree No. 142/2004/ND-CP dated July 8, 2004 of the Government on administrative penalties for violations in postal services, telecommunications, and radio frequency management.

Article 1. Amending and supplementing Articles 6, 7, 9, and 10 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:

1. Article 6 shall be amended and supplemented as follows:

"Article 6. Administrative penalties for violations concerning public postal network operations and delivery services
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Not posting opening hours for service at postal transaction counters, service points;
b) Not hanging signs at postal transaction counters, service points, headquarters of enterprises, branch offices, representative offices;
c) Not providing publicly or providing inaccurately or incompletely information related to services provided at postal transaction counters, service points;
d) Not opening or opening postal transaction counters, service points outside the posted hours;
đ) Not posting or posting insufficiently information about collection times and frequencies on public mailboxes;
e) Not opening public mailboxes according to the posted times and frequencies.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Using specialized postal transport means to transport goods or carry passengers contrary to regulations or using postal equipment, transaction counters, service points not in accordance with regulations;
b) Using colors and symbols on specialized postal transport means, public mailboxes not in accordance with registered models with competent state management agencies;
c) Vietnam Post not complying with postal code regulations of the Ministry of Information and Communications;
d) Illegally relocating equipment and facilities of the public postal network;
đ) Operating delivery services without confirmation from competent state management agencies;
e) Not notifying competent state management agencies when changing service contracts, rates, service quality, or liability limits for compensation;
g) Not self-declaring service quality standards as required;
h) Not installing or improperly installing centralized mailboxes in buildings with five or more independent addresses.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Closing or opening postal transaction counters, border gate postal counters without decisions from the Ministry of Information and Communications;
b) Altering, damaging, or rendering ineffective equipment and facilities of the public postal network;
c) Establishing and operating a dedicated postal network contrary to regulations of competent state management agencies;
d) Vietnam Post not prioritizing the transportation and handling of dedicated postal network bags and packages;
đ) Illegally using the term "Vietnam Post".
4. Measures to remedy consequences:
a) Order restoration to the original condition prior to the violation causing changes as stipulated in point d, Clause 2 and points a, b, Clause 3 of this Article;

b) Order compliance with decisions and regulations of competent state management agencies for violations as stipulated in point b, h, Clause 2 of this Article."

2. Article 7 shall be amended and supplemented as follows:

"Article 7. Administrative penalties for ensuring safety of postal networks and delivery services
1. Fine from VND 500,000 to VND 1,000,000 for using the date stamp of postal counters or service points incorrectly with respect to service provision time and location.
2. Fine from VND 1,000,000 to VND 3,000,000 for delayed delivery of letters, parcels, packages to service users.
3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Inspecting mailbags, letters, parcels, packages illegally during transit;
b) Searching and seizing mailbags, letters, parcels, packages illegally.
4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Delaying, refusing, or taking other actions to evade implementation of decisions by competent state management agencies regarding mobilization of means and equipment for transporting official documents and serving urgent information needs without reaching criminal prosecution levels;
b) Illegally obstructing exploitation and transportation of mailbags, letters, parcels, packages;
c) Failing to implement security measures in postal and delivery services.
5. Fine from VND 10,000,000 to VND 20,000,000 for businesses failing to apply security measures in postal and delivery services.
6. Fine from VND 20,000,000 to VND 30,000,000 for businesses failing to cooperate and meet necessary conditions for competent state management agencies to conduct operational measures as prescribed.
7. Fine from VND 30,000,000 to VND 50,000,000 for Vietnam Post failing to apply security measures for information protection when transporting and handling dedicated postal network bags and packages.
8. Measures to remedy consequences:
a) Order restoration to the original condition prior to the violation causing changes as stipulated in Clause 3 of this Article;
b) Order cessation of activities hindering postal and delivery services due to administrative violations as stipulated in point b, Clause 4 of this Article;

c) Order compliance with decisions and regulations of competent state management agencies for violations as stipulated in point a, c, Clause 4, Clause 5, Clause 6, and Clause 7 of this Article."

4. Meeting one of the following criteria:

"Article 9. Administrative penalties for providing and using postal services and delivery services
1. Warning or fine from VND 200,000 to VND 500,000 for any of the following acts:
a) Failing to apply for renewal procedures when the service delivery permit for postal letter services or the testing permit for postal letter services, as well as other services on the public postal network, are lost, damaged to the extent that the contents are no longer legible, or have expired;
b) Declaring the dispatch form incorrectly with respect to the contents of postal items, parcels, consignments, packages of goods;
c) Damaging letters, postal items, parcels, consignments, packages of goods belonging to service users;
d) Sending items, goods within letters, publications, educational materials intended for the blind;
đ) Sending letters within parcels, consignments, packages of goods.
2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:
a) Adding or substituting items, goods within postal items, parcels, consignments, packages of goods after completing the receipt and dispatch procedures;
b) Illegally obstructing the provision and use of postal services and courier services;
c) Illegally refusing to provide postal services and courier services;
d) Sending Vietnamese currency, negotiable instruments with a value equivalent to Vietnamese currency or foreign exchange, negotiable instruments with a value equivalent to foreign currency within letters, postal items, parcels, consignments, packages of goods within the country or from Vietnam to abroad;
đ) Sending Vietnamese currency, negotiable instruments with a value equivalent to Vietnamese currency or foreign exchange, negotiable instruments with a value equivalent to foreign currency within letters, postal items, parcels, consignments, packages of goods from abroad into Vietnam.
3. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Causing loss of letters, postal items, parcels, consignments, packages of goods belonging to service users;
b) Sending or receiving items, goods prohibited from importation into the recipient country according to the regulations of those countries within letters, postal items, parcels, consignments, packages of goods from Vietnam to abroad;
c) Not announcing solutions and measures for undeliverable letters, postal items, parcels, consignments, packages of goods;
d) Not establishing and posting complaint resolution procedures or resolving complaints and compensating damages in accordance with regulations;
đ) Not organizing the delivery of letters weighing up to 500 grams under universal postal service to the designated address as prescribed;
e) Not handling or improperly handling unclaimed letters, postal items, parcels in accordance with regulations;
g) Sending or receiving items, goods containing substances that cause unsanitary conditions, environmental pollution within letters, postal items, parcels, consignments, packages of goods.
4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:
a) Not using the Vietnamese language in contracts for the provision and use of services;
b) Signing contracts for the provision and use of services not in accordance with prescribed content;
5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Providing or failing to provide public postal services in accordance with regulations;
b) Not complying with national technical standards for public postal services as prescribed;
c) Providing postal letter delivery services not in accordance with the postal letter service provision permit;
d) Sending or receiving items, goods contained in postal items, parcels, consignments, packages of goods listed as conditional for sending without complying with the requirements stipulated by law;
đ) Using postal services or courier services for the purpose of threatening, harassing, or insulting others' dignity and reputation;
e) Acting as an agent for postal services or postal letter delivery services not in accordance with the type of service agreed upon in the contract with the service provider company;
g) Acting as an agent for foreign courier organizations without confirmation of registration as an agent by the Ministry of Information and Communications.
6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Providing postal letter delivery services or testing services without a postal letter service provision permit or a testing permit;
b) Buying, selling, transferring, leasing, lending, renting, borrowing, or repairing a postal letter service provision permit or a testing permit;
c) Sending or receiving items, goods contained in letters, postal items, parcels, consignments, packages of goods that are prohibited from circulation, export, or import in Vietnam;
d) Providing services within the scope of regulated industries without a permit or approval from the competent state management agency.
7. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of sending or receiving items, goods that cause fire, explosion, danger, or harmful cultural products within letters, postal items, parcels, consignments, packages of goods.
8. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of using postal services or courier services for the purpose of disseminating propaganda against the Socialist Republic of Vietnam, disrupting public order and social security without reaching the level of criminal prosecution.
9. Acts of using postal items, parcels, consignments, packages of goods to engage in the sale of prohibited goods, smuggled goods, goods prohibited from export or import shall be subject to the Government's Decree on Administrative Penalties in Commercial Activities for punishment.
10. Additional forms of punishment:
a) Seizing the objects of administrative violations for violations specified in points b Clause 1; point a, đ Clause 2; point b, c Clause 6; Clause 7 and Clause 8 of this Article;
b) Compelling foreigners who commit violations specified in Clause 8 of this Article to leave the territory of the Socialist Republic of Vietnam;
11. Remedial measures:
a) Compelling the application of measures to eliminate environmental pollution and the spread of diseases caused by administrative violations for violations specified in point g Clause 3; point d Clause 5 of this Article;
b) Compelling the destruction of harmful items affecting human health, animals, and plants, and harmful cultural products caused by administrative violations for violations specified in point g Clause 3; point d Clause 5; Clause 7 and Clause 8 of this Article;
c) Compelling compliance with the provisions and permits of the Ministry of Information and Communications for violations specified in points c, d, đ, e Clause 3, Clause 4, points a, b, c, g Clause 5 of this Article;

4. Article 10 shall be amended and supplemented as follows:

"Article 10. Administrative penalties for the management and use of postal stamps
1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:
a) Using counterfeit postal stamps, used postal stamps, postal stamps printed on books, newspapers, magazines, or other publications to pay postage;
b) Selling postal stamps within their issuance period at prices other than those indicated on the stamp, except for postal stamps that have been canceled.
2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Circulating postal stamps without a decision on issuance or postal stamps that have been decided to be withdrawn by competent state management agencies;
b) Printing images of postal stamps on promotional publications without using sample stamps (postal stamps with the word specimen), canceled postal stamps, postal stamps crossed out in the corner, or postal stamps with the price crossed out on the face of the stamp;
c) Collecting prohibited circulating postal stamps for propaganda purposes;
d) Trading, storing, or collecting postal stamps containing unhealthy or inappropriate content contrary to Vietnamese customs and traditions.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Importing postal stamps not in accordance with regulations;
b) Printing postal stamps not in accordance with decisions of the Ministry of Information and Communications;
c) Failing to implement the withdrawal and disposal of postal stamps that have exceeded their issuance period on the public postal network; postal stamps that have been suspended or discontinued;
d) Using or reproducing part or all of approved postal stamp samples without permission in writing from the Ministry of Information and Communications.
4. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following acts:
a) Producing, storing, or selling counterfeit postal stamps;
b) Trading or storing prohibited circulating postal stamps;
c) Printing postal stamps without a decision from the Ministry of Information and Communications;
d) Printing postal stamps that do not ensure security as prescribed by the State.
5. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for trading, storing, or collecting postal stamps containing inciting or hate-inducing content among ethnic groups.
6. Additional forms of administrative penalty: Confiscation of property and means used to commit administrative violations for violations stipulated in point a Clause 1, Clause 2, points a, b, d Clause 3, Clause 4, and Clause 5 of this Article.
7. Measures to remedy consequences:
a) Compel the recovery of the difference in money caused by administrative violations for violations stipulated in point b Clause 1 of this Article;

b) Compel compliance with the provisions of competent state management agencies for violations stipulated in point b Clause 2 and points c, d Clause 3 of this Article."

Article 2. This Decree takes effect from July 15, 2010.

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