Decree No. 58/2011/ND-CP on administrative penalties for violations in the postal sector

DECREE

Regulations on administrative penalties for violations in the postal sector

__________________

THE GOVERNMENT

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

Based on the Law on Posts dated June 28, 2010;

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 and levels of penalty, authority and procedures for handling administrative violations in the postal sector.

2. Administrative violations in the postal sector are intentional or negligent acts of agencies, organizations, individuals (hereinafter referred to collectively as organizations and individuals) that violate state management regulations in the postal sector without constituting a crime and according to the law must be subject to administrative penalties, including:

a) Violations of regulations on providing and using postal services;

b) Violations of regulations on investment and business in postal services;

c) Violations of regulations on quality and postal service rates;

d) Violations of regulations on public postal services;

đ) Violations of regulations on postal stamps;

e) Violations of regulations on complaints, compensation for damages; reporting systems; failure to comply with inspections and checks by competent state authorities.

Article 2. Applicability

Vietnamese organizations and individuals, foreign organizations and individuals committing administrative violations in the postal sector within the territory of Vietnam shall be punished in accordance with this Decree and other relevant provisions of the law on administrative penalties.

Article 3. Principles of Imposition of Sanctions

The principles of administrative penalties in the postal sector shall be implemented in accordance with Article 3 of the Ordinance on Handling Administrative Violations in 2002, 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 4. Statute of Limitations for Penalties

1. The statute of limitations for administrative penalties in the postal sector is one year, counted from the date the administrative violation was committed.

For violations of regulations on postal service rates or printing and issuing postal stamps, the statute of limitations for administrative penalties is two years, counted from the date the administrative violation was committed.

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

3. Beyond the time limit specified in Clause 1 of this Article, no penalty shall be imposed, but one or more remedial measures provided for in Clause 3 of Article 5 of this Decree may still be applied.

4. Within the time limits specified in Clauses 1 and 2 of this Article, if organizations and individuals commit new administrative violations in the same postal sector as previously violated or intentionally evade or obstruct the imposition of penalties, the statute of limitations for administrative penalties shall be counted from the date of the new administrative violation or from the date of termination of the act of evading or obstructing the imposition of penalties.

Article 5. Forms of administrative penalties and measures to remedy consequences

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

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

a) Revocation of the right to use licenses, confirmation documents, or notifications of postal service activities for a limited or unlimited period.

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

3. In addition to the primary and supplementary forms of administrative penalty prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals committing administrative violations may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original state altered due to the administrative violation.

b) Compel removal from the territory of Vietnam or compel re-exportation of goods, items, or means related to the administrative violation.

c) Compel destruction of harmful items affecting human health, animals, plants, or harmful cultural products.

d) Compel recovery or compel repayment of incorrect charges collected.

đ) Compel recovery of objects or means that have been disposed of.

e) Compel recovery of unlawful profits obtained due to the administrative violation.

g) Compel implementation of measures to remedy environmental pollution or disease spread caused by the administrative violation.

h) Compel cessation of actions obstructing postal service operations.

4. Foreign individuals committing administrative violations as stipulated in this Decree may also be subject to expulsion penalties. Expulsion may be applied as a primary or supplementary form of administrative penalty in specific cases.

Chapter II

ADMINISTRATIVE VIOLATIONS CONCERNING POSTAL SERVICES AND FORMS AND AMOUNTS OF PENALTIES

Section 1

VIOLATIONS OF REGULATIONS ON THE SUPPLY AND USE OF POSTAL SERVICES

Article 6. Violations of regulations on contracts for supply and use of postal services

1. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for failing to use or using incorrectly the date stamp or inaccurately recording information about the time and place of acceptance of mail on the contract or confirmation document.

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

a) The contract for supply and use of postal services, or the confirmation document of mail acceptance, records incorrectly or incompletely the contents as prescribed by law.

b) The contract for supply and use of postal services in writing does not use the Vietnamese language.

Article 7. Violations of regulations on acceptance and delivery of mail

1. A warning or a fine of between 200,000 VND and 500,000 VND shall be imposed for providing incorrect or incomplete information about mail.

2. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for unlawfully refusing to provide postal service.

3. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for one of the following acts:

a) Failure to publicly disclose or disclosing incorrectly or incompletely information related to postal services being provided at service points.

b) Failure to publicly display or displaying incorrectly or incompletely the list of prohibited items, goods, or approval conditions for postal services at service points.

c) Failure to hang signs at service points, headquarters, branches, or representative offices.

d) Failure to implement or implementing incorrectly regulations on mail delivery.

4. For violations related to the implementation of export and import procedures for mail, penalties shall be applied according to the Government's Decree on administrative penalties in the customs sector.

5. Measures to remedy consequences:

Compel cessation of actions obstructing postal service operations for violations stipulated in Clause 2 of this Article.

Article 8. Violation of provisions on items and goods not allowed to be sent, accepted, transported through postal services

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of sending, accepting, transporting, or delivering items or goods containing threats, harassment, or insults to the dignity and reputation of others.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Sending, accepting, or transporting items or goods from Vietnam to other countries that are prohibited for export under Vietnamese law or prohibited for import under the laws of the receiving country.

b) Sending, accepting, or transporting items or goods prohibited for circulation under the law.

c) Sending, accepting, or transporting items or goods prohibited for import under the law.

d) Sending, accepting, or transporting items or goods prohibited for transportation via postal services under Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of sending, accepting, transporting, or delivering items or goods containing cultural products contrary to social morals and customs of Vietnam.

4. A fine of VND 30,000,000 to VND 40,000,000 for the act of sending or accepting state secrets in documents or objects not in accordance with regulations.

5. A fine of VND 40,000,000 to VND 50,000,000 for the act of sending, accepting, transporting, or delivering items or goods causing explosions, toxic substances, radioactive materials, narcotics, pathogens for terrorism, endangering lives and property of citizens, disrupting public order and safety.

6. A fine of VND 50,000,000 to VND 70,000,000 for the act of sending, accepting, transporting, or delivering items or goods containing content inciting disruption of national security, undermining ethnic unity, and opposing the Socialist Republic of Vietnam.

7. For individuals or organizations taking advantage of postal services to send mail containing prohibited goods or smuggled goods, penalties shall be applied according to the Government Decree on administrative sanctions in commercial activities.

8. Additional forms of punishment:

a) Confiscate the objects used to commit administrative violations for violations stipulated in Clause 1; Point a, b, d Clause 2; Clause 3; Clause 5 and Clause 6 of this Article.

b) Expel foreigners committing violations stipulated in Clause 6 of this Article from the territory of the Socialist Republic of Vietnam.

9. Remedial measures:

a) Order the implementation of measures to restore environmental conditions and prevent the spread of diseases for violations stipulated in Clause 5 of this Article.

b) Order the destruction of harmful items and dangerous cultural products for violations stipulated in Clause 1; Clause 3; Clause 5 and Clause 6 of this Article.

c) Order the re-export of items and goods prohibited for import into Vietnam for violations stipulated in Point c Clause 2 of this Article.

Article 9. Violation of provisions on ensuring safety in the provision and use of postal services

1. A fine of VND 3,000,000 to VND 5,000,000 for failing to conduct inventory, prepare records, and repackage or rewrap when the envelope of the postal item is torn or damaged.

2. A fine of VND 5,000,000 to VND 10,000,000 for adding items or goods to a postal item after acceptance procedures have been completed.

3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Opening, tampering with the contents of a postal item.

b) Illegally appropriating or destroying a postal item.

c) Failing to implement or improperly implementing safety measures for people, postal items, and postal networks in business operations.

4. Additional forms of administrative punishment:

Confiscate the objects used to commit administrative violations for violations stipulated in Clause 2 of this Article.

5. Measures to remedy consequences:

Restore the original condition for violations stipulated in Point a Clause 3 of this Article.

Article 10. Violations concerning security guarantees in the supply and use of postal services

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

a) Impersonating another person when using postal services;

b) Suspending, temporarily suspending transportation, delivery of mail, inspecting, handling mail, or requesting information on the use of postal services contrary to regulations affecting the quality of postal services.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Inspecting, handling mail, or requesting information on the use of postal services contrary to the law;

b) Suspending, temporarily suspending transportation, delivery of mail contrary to the law.

c) Disclosing information on the use of postal services contrary to the law;

d) Failing to suspend transportation, delivery of mail or failing to notify relevant state authorities to handle when discovering mail violating regulations on items or goods not allowed to be sent, accepted, or transported through the postal network.

3. A fine of VND 15,000,000 to VND 20,000,000 for the act of exploiting the suspension, temporary suspension of transportation, delivery of mail, inspection, handling of mail, or requesting information on the use of postal services causing damage to the interests of the State, rights and legitimate interests of organizations and individuals providing and using postal services.

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

a) Failing to cooperate with competent state agencies to implement the suspension, temporary suspension of transportation, delivery of mail, inspection, handling of mail, or provision of information on the use of postal services as prescribed by law;

b) Obstructing lawful postal activities.

5. Measures to remedy consequences:

Order to terminate the situation obstructing postal activities for violations stipulated in Clause 1; Point a, b Clause 2 and Point b Clause 4 of this Article.

Article 11. Violations concerning changes in the name, address of the recipient; forwarding, returning, withdrawing mail; undelivered mail

1. Warning or a fine of VND 200,000 to VND 500,000 for the act of not implementing or improperly implementing regulations on changing the name, address of the recipient or withdrawing mail.

2. A fine of VND 500,000 to VND 1,000,000 for the act of charging return fees for basic letters up to 500 grams when they cannot be delivered.

3. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for one of the following acts:

a) Failing to implement or improperly implementing the forwarding of mail to a new address when the mail has not been delivered to the recipient's address and when the user of postal services informs the postal service provider of the change in the recipient's address;

b) Failing to implement or improperly implementing the request of the sender regarding the return of mail to the sender when it cannot be delivered to the recipient;

c) Failing to handle or improperly handling undelivered mail according to the provisions of the law.

4. Measures to remedy consequences:

Order to refund incorrectly collected fees for violations stipulated in Clause 2 of this Article.

Article 12. Violations concerning the postal network serving Party, State, defense, and security agencies

1. A fine of VND 5,000,000 to VND 10,000,000 for the act of unlawfully refusing to provide postal services to Party, State, defense, and security agencies.

2. A fine of VND 10,000,000 to VND 15,000,000 for the act of organizing the operation of the postal network serving Party, State, defense, and security agencies contrary to the provisions of the law.

3. A fine of VND 15,000,000 to VND 20,000,000 for the act of connecting the postal network serving Party, State, defense, and security agencies with other postal networks outside the public postal network.

4. Additional forms of administrative punishment:

Revocation of the postal license indefinitely for violations stipulated in Clause 2, Clause 3 of this Article.

5. Measures to remedy consequences:

Order to terminate the situation obstructing postal activities for violations stipulated in Clause 1 of this Article.

Article 13. Violation of competition regulations in postal activities.

1. A fine of from VND 10,000,000 to VND 20,000,000 for promotional activities in any form that violate the regulations on exclusive postal services.

2. A fine of from VND 20,000,000 to VND 30,000,000 for providing postal services that violate the scope of exclusive postal services.

3. For other administrative violations related to competition in the postal sector, the provisions of the Government Decree on penalties for administrative violations in the field of competition shall apply.

4. Additional forms of administrative punishment:

Revocation of the right to use the license indefinitely for repeated offenses as stipulated in Clause 1 and Clause 2 of this Article.

Section 2

VIOLATIONS OF INVESTMENT AND BUSINESS REGULATIONS FOR POSTAL SERVICES

Article 14. Violations of investment regulations in the postal sector.

For violations of investment regulations in the postal sector, the provisions of the Government Decree on penalties for administrative violations in the field of planning and investment shall apply.

Article 15. Violations of postal service licenses.

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failure to request reissue when the postal service license is lost or damaged and cannot be used.

b) Failure to comply with or comply improperly with the regulations on notifying the competent state agency about changes in the legal representative, headquarters address; service quality indicators; service supply and usage contracts; relevant regulations on complaints and compensation compared to the most recent application for a postal service license.

c) Failure to return the postal service license to the competent state agency upon decision to revoke.

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

a) Providing postal services not in accordance with the contents of the postal service license.

b) Erasing or altering the contents within the postal service license.

c) Failure to request amendments or supplements to the postal service license when there are changes in its contents.

d) Failure to ensure the minimum capital as prescribed by law.

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

a) Renting or lending out the postal service license.

b) Transferring the postal service license in violation of the law.

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

a) Providing letter services with a receiving address up to 2 kg without a postal service license.

b) Buying, selling, or pledging the postal service license.

5. A fine of from VND 30,000,000 to VND 40,000,000 for providing false or intentionally misleading information to obtain a postal service license.

6. A fine of from VND 40,000,000 to VND 50,000,000 for providing postal services not in accordance with the contents of the postal service license, causing serious consequences to the interests of the State, the rights and legitimate interests of organizations and individuals.

7. Additional forms of administrative sanction:

Revocation of the right to use the license indefinitely for violations as stipulated in Point b Clause 2 and Point b Clause 4 of this Article.

8. Measures to remedy consequences:

Compulsory recovery of illegal profits obtained for violations as stipulated in Clause 3 and Point b Clause 4 of this Article.

Article 16. Violations of notification regulations for postal activities.

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failure to request reissue when the confirmation document for notification of postal activities is lost or damaged and cannot be used.

b) Failure to comply with or comply improperly with the regulations on notifying the competent state agency about postal activities when changing the notified content compared to the application for confirmation of notification of postal activities.

c) Failure to return the confirmation document for notification of postal activities upon decision to revoke.

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

a) Providing letter services without a receiving address up to 2 kg, letters over 2 kg, and package and parcel services without a confirmation document for notification of postal activities from the competent state agency.

b) Erasing or altering the confirmation document for notification of postal activities.

c) Establishing a branch or representative office for a foreign service provider without a confirmation document for notification of postal activities from the competent state agency.

3. A fine of from VND 10,000,000 to VND 20,000,000 for establishing a representative office or branch for a foreign postal service provider; accepting franchise rights in the postal sector from abroad in Vietnam without a confirmation document for notification of postal activities from the competent state agency.

4. Additional forms of administrative punishment:

Revocation of the right to use the confirmation document for notification of postal activities indefinitely for violations as stipulated in Point b Clause 2 of this Article.

Article 17. Violations concerning contracts in postal activities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Delivering or receiving agency services without an agency contract or an expired agency contract;

b) Delivering agency services without a postal license or notification of postal activity according to regulations.

2. A fine of from 5,000,000 VND to 10,000,000 VND for providing postal services not in accordance with the type of service stipulated in the agency contract.

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

a) Accepting trademark licensing in the postal sector from abroad into Vietnam without a licensing contract;

b) Acting as a representative for foreign postal service providers without a representation contract.

4. Additional forms of administrative punishment:

Suspension of the right to use the notification of postal activity for 60 days for violations stipulated in Clause 3 of this Article.

Section 3

VIOLATIONS OF POSTAL SERVICE QUALITY AND RATES

Article 18. Violations concerning postal service quality

1. A fine of from 3,000,000 VND to 5,000,000 VND for failing to disclose or disclosing incorrectly the quality of postal services as prescribed by law.

2. A fine of from 5,000,000 VND to 10,000,000 VND for failing to publicly provide or providing incorrectly the quality table of services at service points.

3. A fine of from 10,000,000 VND to 15,000,000 VND for providing postal services of lower quality than disclosed.

4. Additional forms of administrative punishment:

Suspension of the right to use the postal license and notification of postal activity for 60 days for violations stipulated in Clause 3 of this Article.

Article 19. Violations concerning postal service rates

1. A fine of from 10,000,000 VND to 20,000,000 VND for setting postal service rates beyond authority.

2. A fine of from 20,000,000 VND to 30,000,000 VND for failing to develop and submit to competent state agencies the pricing plan for postal services as prescribed by the State.

3. For other violations in the field of postal service rates, penalties shall be applied according to the Government Decree on administrative penalties in the price sector.

4. Additional forms of administrative punishment:

Suspension of the right to use the postal license and notification of postal activity for 30 days for violations stipulated in Clause 1 and Clause 2 of this Article.

Section 4

VIOLATIONS OF PUBLIC POSTAL ACTIVITIES

Article 20. Violations concerning public postal networks

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

a) Failing to allocate locations in urban areas or concentrated residential areas for designated enterprises to install public mailboxes;

b) Failing to install or installing improperly centralized mailboxes in high-rise buildings or office towers;

c) Failing to install or installing improperly public mailboxes in urban areas or concentrated residential areas;

d) Failing to allocate locations or organize for users of postal services in high-rise buildings or office towers to install centralized mailboxes.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Failing to inspect, repair, maintain, or protect works belonging to the public postal network;

b) Failing to install public mailboxes to accept basic letters as prescribed.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Damaging public postal works;

b) Using specialized transportation means improperly.

4. Measures to remedy consequences:

Compel restoration to the original condition for violations stipulated in Point a, Clause 3 of this Article.

Article 21. Violations concerning the provision of public postal services

1. A fine of from five million to ten million dong for the act of unlawfully refusing to provide public postal services.

2. A fine of from ten million to fifteen million dong for the act of providing public postal services incorrectly or incompletely according to the list and scope decided by competent state agencies.

3. A fine of from fifteen million to twenty million dong for any of the following acts:

a) Not separately tracking public postal services and exclusive postal services.

b) Not reporting or reporting inaccurately the results of providing public postal services to the competent state agency on postal matters.

4. A fine of from twenty million to thirty million dong for the act of using revenue from exclusive postal services to subsidize losses from providing competitive services below cost.

5. Measures to remedy consequences:

Order to terminate the situation obstructing postal activities for violations stipulated in Clause 1 of this Article.

Section 5

VIOLATIONS CONCERNING POSTAGE STAMPS

Article 22. Violations concerning the use of postage stamps to prepay postal service charges

1. A fine of from one million to three million dong for the act of using postage stamps not issued by the competent state agency on postal matters or Vietnamese postage stamps with cancellation marks or prohibited Vietnamese postage stamps or damaged Vietnamese postage stamps to prepay postal service charges.

2. A fine of from three million to five million dong for the act of using foreign postage stamps to prepay domestic postal service charges and international postal service charges from Vietnam to foreign countries.

Article 23. Violations concerning the use of postage stamps for business, exchange, propaganda, display

1. A fine of from three million to five million dong for the act of circulating Vietnamese postage stamps without a decision on issuance by the competent state agency on postal matters.

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

a) Engaging in business, exchange, display, propaganda of postage stamps containing content, images, symbols, signs that are inconsistent with social morals and Vietnamese customs;

b) Selling Vietnamese postage stamps on the public postal network during the supply period at a price other than the printed price, except for cancelled postage stamps;

c) Selling expired special Vietnamese postage stamps on the public postal network, except when purchased back.

3. A fine of from ten million to twenty million dong for the act of engaging in business, exchange, display, propaganda of foreign postage stamps with content and origin inconsistent with the notification of postal agencies of World Postal Union member states and stamp collecting associations.

4. A fine of from twenty million to thirty million dong for the act of engaging in business, exchange, display, propaganda of postage stamps subject to recall.

5. A fine of from thirty million to fifty million dong for the act of engaging in business, exchange, display, propaganda of counterfeit postage stamps.

6. A fine of from fifty million to seventy million dong for the act of engaging in business, exchange, display, propaganda of postage stamps containing content, images, symbols, signs that incite hatred among ethnic groups, races, religions; oppose the Socialist Republic of Vietnam.

7. Additional forms of administrative sanction:

a) Confiscation of contraband for violations stipulated in Clause 1, Point a Clause 2, Clause 3, 4, 5 and Clause 6 of this Article;

b) Expel foreigners committing violations stipulated in Clause 6 of this Article from the territory of the Socialist Republic of Vietnam.

8. Measures to remedy consequences:

Compulsory recovery of illegal profits obtained for violations stipulated in Clause 2, 3, 4, 5 and Clause 6 of this Article.

Article 24. Violations concerning postal stamp management regulations

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

a) Printing Vietnamese postal stamps on publications without using specimen stamps marked with the word "specimen" or canceled stamps, except when printing enlarged versions many times larger in the form of posters or billboards;

b) Failing to store or improperly storing Vietnamese postal stamps or design sample files for Vietnamese postal stamps as prescribed.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Printing Vietnamese postal stamps not in accordance with the decision of the competent state agency regarding postal services.

b) Providing false information to obtain import permit for postal stamps;

c) Importing postal stamps not in accordance with the provisions of the import permit for postal stamps;

d) Using an expired postal stamp import permit.

3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:

a) Using, copying part or all of approved Vietnamese postal stamp samples without permission from the competent state agency regarding postal services;

b) Failing to recall and dispose of expired special postal stamps as prescribed by the competent state management agency regarding postal services;

c) Importing postal stamps without an import permit from the competent state agency regarding postal services as prescribed by law.

4. A fine of between 30,000,000 VND and 40,000,000 VND shall be imposed for printing Vietnamese postal stamps without a decision from the competent state agency regarding postal services.

5. Additional forms of punishment:

a) Revoking the right to use the postal stamp import permit indefinitely for violations stipulated in point b and d, Clause 2 of this Article;

b) Confiscating the contraband for violations stipulated in point a, Clause 2, point a, Clause 3 and Article 4 of this Article.

6. Measures to remedy consequences:

Compelling re-exportation of postal stamps for violations stipulated in point c and d, Clause 2, point c, Clause 3 of this Article.

Chapter 6

VIOLATIONS OF REGULATIONS ON COMPLAINTS AND DAMAGE COMPENSATION; REPORTING SYSTEM; ENFORCEMENT OF INSPECTION AND AUDIT BY COMPETENT STATE AGENCIES

Article 25. Violations of regulations on complaints and damage compensation in the provision and use of postal services

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for refusing to accept and resolve legitimate complaints.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Resolving complaints outside the prescribed time limit;

b) Failing to refund service fees already paid when the full journey time announced is not met.

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

a) Failing to issue procedures for resolving complaints related to postal services;

b) Failing to compensate for damages or compensating for damages not in accordance with the law.

4. A fine of between 5,000,000 VND and 10,000,000 VND shall be imposed for failing to consider and resolve complaints or failing to report the results of complaint resolution as required by the competent state agency.

5. Measures to remedy consequences:

Compelling refund of service fees for violations stipulated in point b, Clause 2 of this Article.

Article 26. Violations of reporting system regulations

1. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for late reporting up to 15 days beyond the prescribed period or as required by the competent state agency.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for incomplete reporting as prescribed or as required by the competent state agency.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Failing to implement the reporting system or reporting late more than 15 days beyond the prescribed period or as required by the competent state agency;

b) Reporting inaccurately as prescribed or as required by the competent state agency.

Article 27. Acts of non-compliance with inspection and supervision by state agencies authorized to do so

1. A fine of from VND 1,000,000 to VND 3,000,000 for acts of providing incomplete documents, papers, and certificates related to the requirements of authorized inspectors and supervisors.

2. A fine of from VND 3,000,000 to VND 5,000,000 for acts of not providing, not declaring, or declaring inaccurately about contents related to inspection and supervision.

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

a) Obstructing inspection and supervision by staff or state agencies when performing their duties;

b) Providing inaccurate data and documents for inspection work.

4. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Disposing of evidence or means of violation being inspected, supervised, or temporarily detained;

b) Removing seals on evidence or means of violation that are sealed or temporarily detained without authorization.

5. A fine of from VND 15,000,000 to VND 20,000,000 for acts of delaying or evading compliance with administrative decisions on inspection issued by authorized persons.

6. Measures to remedy consequences:

a) Compelling the recovery of disposed evidence or means of violation as stipulated in point a, Clause 4 of this Article;

b) Compelling restoration to the original condition as altered by the violation as stipulated in point b, Clause 4 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTY

Article 28. Authority to impose administrative penalties of the Inspection Agency for Information and Communications

1. Information and Communications Inspectors performing official duties have authority.

a) To issue warnings;

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

c) Confiscating means of violation used for administrative offenses up to VND 2,000,000 in value;

d) Applying measures to mitigate consequences as provided for in points a, c, and g, Clause 3, Article 5 of this Decree;

đ) Implementing rights as provided for in point 2, Clause 19, Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008 and Clause 2, Article 48 of the Administrative Violation Handling Ordinance 2002.

2. The Chief Inspector of the Department of Information and Communications has authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses and notifications of postal service activities within their jurisdiction;

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

đ) Applying measures to mitigate consequences as provided for in points a, c, d, đ, e, g, and h, Clause 3, Article 5 of this Decree;

e) Implementing rights as provided for in point 1, Clause 19, Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

3. The Chief Inspector of the Ministry of Information and Communications has authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Revoking the right to use licenses and notifications of postal service activities within their jurisdiction;

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

đ) Applying measures to mitigate consequences as provided for in points a, c, d, đ, e, g, and h, Clause 3, Article 5 of this Decree;

e) Implementing rights as provided for in point l, Clause 19, Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

Article 29. Authority to impose penalties of other specialized inspections

Within the scope of state management authorized by the Government, Inspectors and Chiefs of Inspection Agencies of other specialized inspection bodies have authority to impose penalties for administrative violations in the postal sector under their state management.

Article 30. Authority to impose penalties of People's Committees at all levels

Chairpersons of People's Committees at all levels have the authority to impose penalties according to the authority stipulated in Clauses 4 and 5, Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008 and Article 30 of the Administrative Violation Handling Ordinance 2002 within their jurisdiction for administrative violations concerning postal services as prescribed in this Decree.

Article 31. Competence to impose administrative penalties of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, Competition Management Authority, and Market Management Authority.

The People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, Competition Management Authority, and Market Management Authority have the authority to impose administrative penalties according to the competence prescribed in Clauses 6, 7, 8, 9, 11, and 15 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008 and Article 37 of the Ordinance on Handling Administrative Violations 2002 for acts of administrative violations related directly to their respective fields as stipulated in this Decree.

Article 32. Delimitation of Competence to Impose Administrative Penalties

1. In cases where an administrative violation falls within the competence to impose penalties of multiple entities, the penalty shall be imposed by the entity that first takes charge of the case.

2. The competence to impose administrative penalties as provided for in Articles 28, 29, 30, and 31 of this Decree applies to each individual act of administrative violation. In cases involving fines, the competence to impose penalties is determined based on the maximum amount of the fine prescribed for each specific act of violation.

3. In cases where an individual commits multiple acts of administrative violation, the competence to impose penalties 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 2008.

Article 33. Procedures for Imposing Administrative Penalties and Enforcing Decisions on Administrative Penalties.

1. The procedures for imposing administrative penalties shall be carried out in accordance with the Ordinance on Handling Administrative Violations and Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

2. The application of coercive measures to enforce decisions on administrative penalties shall be implemented 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 decisions on administrative penalties and Clause 27, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

3. All cases of administrative violations subject to penalties must be recorded in files and retained fully at the penalizing authority for the duration prescribed by law.

Article 34. Forms of Inspection Records and Decision Forms Used in Imposing Administrative Penalties in the Postal Sector.

Attached to this Decree are Appendices containing forms of inspection records and decision forms used in imposing administrative penalties in the postal sector.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect from September 1, 2011, and replaces Section 1, Chapter II, Decree No. 142/2004/NĐ-CP dated July 8, 2004 on Administrative Penalties for Postal Services, Telecommunications, and Radio Frequency Usage, and Decree No. 55/2010/NĐ-CP dated May 24, 2010 amending and supplementing certain provisions of Decree No. 142/2004/NĐ-CP dated July 8, 2004 on Administrative Penalties for Postal Services, Telecommunications, and Radio Frequency Usage.

Article 36. Responsibility for Implementation

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