Decree No. 63/2007/ND-CP on administrative penalties for violations in the field of information technology

DECREE

Provisions on administrative penalties for violations in

the field of information technology

 

 

THE GOVERNMENT

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

Pursuant to the Law on Information Technology dated June 29, 2006;

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

Considering the proposal of the Minister of Posts and Telecommunications,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of violation, forms, levels of penalty, and administrative penalty authority in the application and development of information technology (hereinafter referred to as information technology).

2. Administrative violations in the field of information technology prescribed in Chapter II of this Decree are intentional or unintentional acts of organizations or individuals violating state management regulations in the field of information technology that are not criminal offenses and must be administratively penalized according to the law.

3. Other administrative violations in the field of information technology not directly specified in this Decree shall be handled according to the provisions of the law on administrative penalties in related state management fields.

Article 2. Applicability

1. Vietnamese organizations or individuals committing administrative violations regarding information technology shall be penalized according to the provisions of this Decree.

Foreign organizations or individuals committing administrative violations regarding information technology within the territory, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Vietnam shall be subject to administrative penalties as Vietnamese organizations or individuals. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, the provisions of such international treaties shall apply.

2. Minors committing administrative violations regarding information technology shall be handled according to the provisions of point a, Clause 1, Article 6 and Article 7 of the Administrative Violation Handling Ordinance dated July 2, 2002.

Article 3. Principles of Imposition of Sanctions

1. The handling of administrative penalties for administrative violations regarding information technology must be conducted by persons with authority as stipulated in Articles 22, 23, 24, and 25 of this Decree in accordance with the law on administrative penalties.

2. All administrative violations regarding information technology, once discovered, must be immediately halted. Penalties must be carried out promptly, fairly, and thoroughly; all consequences caused by administrative violations must be remedied according to the law.

3. A single administrative violation regarding information technology shall only be penalized once. An individual committing multiple administrative violations regarding information technology shall be penalized for each act of violation. Multiple individuals jointly committing a single administrative violation regarding information technology shall each be penalized.

4. Administrative penalties for information technology violations must be based on the nature and degree of violation, the identity of the violator, and mitigating or aggravating circumstances as prescribed in Articles 8 and 9 of the Administrative Violation Handling Ordinance to determine appropriate forms, measures, and levels of penalty.

5. No administrative penalties shall be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when committing administrative violations while suffering from mental illness or other illnesses that impair cognitive function or control over behavior.

Article 4. Time Limit for Administrative Sanctions

1. The time limit for administrative sanctions concerning violations in the field of information technology is one year from the date the violation is committed.

For acts violating regulations on prices, fees, import-export, intellectual property in the field of information technology, the time limit for administrative sanctions shall be implemented according to the relevant legal normative documents.

2. In cases where an individual is indicted, prosecuted, or decided to be brought to trial under criminal procedure for violations in the field of information technology, but subsequently there is a decision to terminate the investigation or close the case due to administrative violation signs, they will be subject to administrative sanctions; within three days from the date of issuance of the decision to the competent authority to impose sanctions; in this case, the time limit for administrative sanctions is three months from the date the competent authority imposing sanctions receives the decision to terminate the investigation and the case file.

3. Beyond the time limits specified in Clauses 1 and 2 of this Article, no sanctions will be imposed, but the measures to remedy consequences as stipulated in Clause 3 of Article 5 of this Decree will still apply.

4. Within the time limits prescribed in Clauses 1 and 2 of this Article, if an organization or individual commits an administrative violation in the same field as previously violated or intentionally evades or obstructs the imposition of sanctions, the time limit for administrative sanctions will be calculated from the date of the new violation or from the date of ceasing evasion or obstruction of the sanctioning process.

Article 5. Forms of Administrative Sanctions and Measures to Remedy Consequences

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

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 administrative sanctions:

a) Revocation of license usage rights;

b) Confiscation of items and means used for committing administrative violations;

c) Expulsion of foreigners who commit administrative violations related to information technology in Vietnam.

3. In addition to the main and supplementary forms of administrative sanctions mentioned above, the violator may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original state altered by the administrative violation;

b) Compel removal from Vietnamese territory or compel re-export of information technology goods and items;

c) Compel destruction of harmful information technology items or deletion of harmful digital content affecting mental health, public morals, or containing harmful content;

d) Recovery or compel repayment of improperly occupied, collected, or spent funds or those that received preferential treatment or support;

đ) Recovery of domain names, internet addresses, network numbers.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW ON INFORMATION TECHNOLOGY, FORMS AND AMOUNTS OF SANCTIONS

VIOLATIONS OF REGULATIONS ON APPLICATIONS

Section 1

VIOLATIONS OF REGULATIONS ON THE USE OF INFORMATION TECHNOLOGY

Article 6. Violations of regulations on storage, leasing, transmission, provision, access, receipt, processing, exchange, and use of digital information

1. Warning or fine from 100,000 VND to 200,000 VND for the act of quoting the content of digital information of another organization or individual, which according to the law is allowed to quote but does not clearly indicate the source of the information.

2. Fine from 200,000 VND to 500,000 VND for one of the following acts:

a) Incorrectly or incompletely identifying the list of owners of rented digital information storage space as required by the competent state agency;

b) Storing personal information of others obtained through the internet beyond the time period prescribed by law or agreed upon between both parties.

3. Fine from 500,000 VND to 2,000,000 VND for one of the following acts:

a) Quoting the content of digital information of another organization or individual without the owner's consent or contrary to the law;

b) Failing to terminate the rental of digital information storage space when self-discovered or notified by the competent state agency that the stored information is illegal;

c) Failing to terminate the provision of search tools to other organizations or individuals to digital information sources when self-discovered or notified by the competent state agency that the digital information source is illegal;

d) Collecting, processing, and using personal information of others on the internet without their consent except as provided in Clause 3 of Article 21 of the Law on Information Technology;

đ) Collecting, processing, and using personal information of others without informing them about the form, scope, location, and purpose of the collection, processing, and use of such information;

e) Using personal information of others on the internet for purposes not previously informed;

g) Failing to review, correct, or delete personal information of others stored on the internet during the collection, processing, and use of information when requested by the owner;

h) Providing or using uncorrected personal information when correction has been requested by the owner;

i) Providing or using personal information after a request for its deletion has been made by the owner;

k) Failing to store digital information records of activities on the internet as required by the competent state agency.

4. Fine from 2,000,000 VND to 5,000,000 VND for one of the following acts:

a) Unauthorized access to computers, computer networks, databases;

b) Failing to take necessary measures to prevent unauthorized access to information or remove illegal information at the request of the competent state agency when transmitting or renting digital information storage space;

c) Failing to comply with the request of the competent state agency to identify the list of owners of rented digital information storage space;

d) Failing to ensure the confidentiality of digital information of organizations or individuals renting storage space.

d) Failing to ensure the confidentiality of information of organizations and individuals renting storage space for digital information;

d) Failing to implement necessary management and technical measures to ensure that personal information is not lost, stolen, disclosed, altered, or destroyed when collecting, processing, and using another person's personal information on the internet;

e) Providing another person's personal information to a third party on the internet contrary to the provisions of the law or without their consent;

g) Obstructing the lawful right to search for, exchange, and use information on the internet;

h) Failing to restore information or access to legitimate sources of information when requested by the owner of such information;

i) Failing to monitor and supervise the digital information of other organizations and individuals as required by competent state agencies;

k) Failing to investigate acts of violating the law occurring during the transmission or storage of digital information of other organizations and individuals as required by competent state agencies.

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

a) Providing, exchanging, transmitting, storing, or using digital information with the purpose of inciting superstitious beliefs, customs, and traditions harmful to society;

b) Providing, exchanging, transmitting, storing, or using digital information with the purpose of distorting, slandering, or defaming the reputation of organizations, the dignity, personality, and reputation of individuals;

c) Providing, exchanging, transmitting, storing, or using digital information with the purpose of advertising or promoting goods or services prohibited by law;

d) Impersonating the website of another organization or individual.

6. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for the act of providing, exchanging, transmitting, storing, or using digital information to incite lewdness, obscenity, criminal behavior, and social vices.

7. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Providing, exchanging, transmitting, storing, or using digital information to oppose the Socialist Republic of Vietnam, undermining national solidarity without reaching the level of criminal prosecution;

b) Providing, exchanging, transmitting, storing, or using digital information to incite violence, promote war propaganda, hatred among ethnic groups and people of different countries without reaching the level of criminal prosecution.

8. Additional sanctions:

a) Confiscation of objects and means used to commit administrative violations as stipulated in point b, clause 3; points a and g, clause 4; clause 5; clause 6 and clause 7 of this Article;

b) Deportation of foreigners who commit violations as stipulated in clause 6 and clause 7 of this Article.

9. Remedial measures:

Obligation to remove digital information for violations as stipulated in point b, clause 2; points a, b, and c, clause 5; clause 6; clause 7 of this Article.

Article 7. Violations of regulations on the application of information technology in the activities of state agencies

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for any of the following acts:

a) Failing to provide complete information as prescribed in clause 2, Article 28 of the Law on Information Technology on the electronic information page;

b) Failing to establish or apply internal rules to ensure information security.

a) Incorrectly or incompletely identifying the list of owners of rented digital information storage space as required by the competent state agency;

a) Failing to apply procedures for managing computer system security, including solutions to prevent and detect early unauthorized access to computer networks or data storage devices;

b) Failing to issue or apply regulations on sharing digital information to ensure synchronized and smooth use of information for management, operation, coordination of work, and other information between state agencies;

3. A fine of VND 500,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Failing to provide information serving public interest and administrative procedures on the internet as prescribed by law;

b) Failing to ensure the accuracy and completeness of information and documents exchanged, provided, or solicited on the internet;

c) Failing to announce or failing to announce fully on mass media the contents of activities on the internet as prescribed in clause 1, Article 27 of the Law on Information Technology;

d) Failing to ensure that systems providing information, public services, and soliciting opinions on the internet operate both during working hours and outside working hours, or failing to notify according to regulations when there is a system failure;

đ) Failing to implement or failing to have contingency plans regarding infrastructure to provide essential information and services as prescribed by competent state agencies;

e) Failing to post information as prescribed in clause 2, Article 28 of the Law on Information Technology on the electronic information page;

g) Failing to store information about shared solutions and products, content, and results of implemented information technology application projects in the national database, databases of ministries, sectors, and localities as prescribed by law;

h) Failing to regularly copy transmitted data for storage as prescribed by competent state agencies.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of failing to apply authentication technologies, access management mechanisms, and activity log mechanisms to manage and check network access.

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

a) Posting inaccurate information as prescribed in clause 2, Article 28 of the Law on Information Technology on the electronic information page;

b) Failing to establish electronic forms to serve the exchange, provision, and solicitation of information from organizations and individuals on the internet.

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

a) Purchasing software programs but failing to implement applications;

b) Purchasing software programs with similar or nearly similar functions causing waste;

c) Failing to implement quotas, unit prices, standards, and regulations in purchasing information technology products.

7. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Failing to implement measures to ensure security and safety for the application of information technology as prescribed by law.

b) Charge fees when providing the information as prescribed in Clause 2, Article 28 of the Law on Information Technology.

8. Measures to remedy consequences:

a) Compel repayment of the wrongly spent amount for violations as stipulated in Clause 6 of this Article;

b) Recover the wrongly collected amount for violations as stipulated in Point b, Clause 7 of this Article.

Article 8. Violations of regulations on the application of information technology in commerce

1. Fine from VND 200,000 to VND 500,000 for one of the following acts:

a) Failing to provide complete relevant information as prescribed in Clause 2, Article 9 of the Law on Information Technology when conducting business on the internet;

b) Providing incomplete information about goods, services, transaction conditions, dispute resolution procedures, and compensation on an e-commerce website;

c) Announcing incomplete information about situations where consumers have the right to cancel or modify agreements on an e-commerce website;

d) Providing incomplete information for contract formation as prescribed in Clause 1, Article 31 of the Law on Information Technology except where the parties have agreed otherwise.

2. Fine from VND 500,000 to VND 2,000,000 for one of the following acts:

a) Failing to publicly announce relevant information as prescribed in Clause 2, Article 9 of the Law on Information Technology when conducting business on the internet;

b) Failing to provide information about goods, services, transaction conditions, dispute resolution procedures, and compensation on an e-commerce website;

c) Failing to announce situations where consumers have the right to cancel or modify agreements on an e-commerce website;

d) Failing to provide information for contract formation as prescribed in Clause 1, Article 31 of the Law on Information Technology except where the parties have agreed otherwise.

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

a) Violating legal provisions on conditions, procedures, and formalities for payment on the internet;

b) Failing to ensure that consumers can store and reproduce information about contract conditions.

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

a) Illegally obstructing the establishment of e-commerce websites by organizations or individuals;

b) Impersonating information, providing false information to defraud buyers or sellers through the internet;

c) Providing false information as prescribed in Clause 2, Article 9 of the Law on Information Technology when conducting business on the internet;

d) Providing false information about goods, services, transaction conditions, dispute resolution procedures, compensation, or secure and convenient payment methods on an e-commerce website.

5. Additional forms of punishment:

Confiscate objects and means used to commit administrative violations as prescribed in Point a, Clause 4 of this Article.

6. Measures to remedy consequences:

Recover the unjust gains from the violation as prescribed in Point b, Clause 4 of this Article.

Article 9. Violations of regulations on the provision and use of confidential information and materials on the internet

1. Fine from VND 2,000,000 to VND 5,000,000 for disclosing on the internet commercial secrets or personal secrets contrary to the provisions of the law.

2. Fine from VND 5,000,000 to VND 10,000,000 for disclosing on the internet state secrets, military secrets, security secrets, economic secrets, foreign affairs secrets, and other secrets at the secret level as defined by law.

3. Fine from VND 40,000,000 to VND 60,000,000 for disclosing on the internet state secrets, military secrets, security secrets, economic secrets, foreign affairs secrets, and other secrets at the top-secret level as defined by law.

4. Additional forms of administrative punishment:

Confiscate objects and means used to commit administrative violations as prescribed in Clauses 1, 2, and 3 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON DEVELOPMENT

 INFORMATION TECHNOLOGY

Article 10. Violations of regulations on research and development of information technology

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts of unlawfully obstructing or restricting the transfer of research and development results and information technology products.

2. Other administrative violations concerning scientific and technological activities in the field of information technology shall be applied in accordance with the Government Decree stipulating administrative penalties for violations in scientific and technological activities.

3. Additional forms of punishment:

Seizure of contraband goods and means of transport shall apply to violations prescribed in Clause 1 of this Article.

Article 11. Violations of regulations on standards and quality of information technology products and services

Administrative violations concerning standards and quality of information technology products and services shall be applied in accordance with the Government Decree stipulating administrative penalties in the field of measurement and product quality.

Article 12. Violations of regulations on the development of human resources in information technology

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for unlawful obstruction of organizations and individuals establishing training institutions for information technology human resources.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for unlawful obstruction of cooperation in training information technology human resources between training institutions and domestic and foreign enterprises operating in the information technology sector.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for issuing certificates and diplomas in information technology contrary to legal provisions.

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for fraudulent acts to obtain benefits in training information technology human resources.

5. Additional forms of punishment:

Seizure of contraband goods and means of transport shall apply to violations prescribed in Clause 1, Clause 2, and Clause 3 of this Article.

6. Measures to remedy consequences:

Compulsory repayment of subsidized funds shall apply to violations prescribed in Clause 4 of this Article.

Article 13. Violations of regulations on the development of the information technology industry

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Failure to apply software valuation methods issued by competent state agencies in implementing information technology application and development projects using budget funds;

b) Transfer or assignment of key information technology product development technologies and solutions without the consent or contrary to the regulations of competent state agencies when state investment has been made;

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

a) Providing false information to participate in key information technology product research and production;

b) Unlawfully obstructing or restricting domestic and foreign organizations and individuals from investing in and constructing concentrated information technology zones according to government planning;

c) Unlawfully obstructing or restricting venture investments in the information technology industry, development and provision of low-cost digital equipment.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Fraudulent acts to obtain benefits and preferences in developing the information technology industry, software industry, and content industry;

b) Fraudulent acts to obtain preferential policies of the State for organizations and individuals investing and operating in concentrated information technology zones or high-tech zones;

c) Unauthorized appropriation of royalty portions not entitled to for key information technology products in which the individual participated in research, development, and production with state investment;

d) Failure to remit revenue generated from business operations of key information technology products with state investment as prescribed.

4. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for theft of technology, solutions, and copyrights of key information technology products with state investment.

5. Additional forms of punishment:

Seizure of contraband goods and means of transport shall apply to violations prescribed at point b and point c of Clause 2 and Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compulsory repayment of subsidized support funds shall apply to violations prescribed at point a and point b of Clause 3 of this Article;

b) Recovery of the amount appropriated shall apply to violations prescribed at point c and point d of Clause 3 of this Article.

Article 14. Acts violating provisions on the development of information technology services

1. A fine of from twenty million to forty million dong shall be imposed for acts of fraud or forgery to obtain preferential treatment for certain types of information technology services.

2. Measures to remedy consequences:

The violator shall be ordered to return the preferential funds in cases of violation as stipulated in Clause 1 of this Article.

Section 3

VIOLATIONS OF PROVISIONS ON MEASURES TO ENSURE THE APPLICATION AND DEVELOPMENT OF INFORMATION TECHNOLOGY

Article 15. Acts violating provisions on infrastructure serving the application and development of information technology

1. A fine of from two million to five million dong shall be imposed for any of the following acts:

a) Illegally obstructing the installation of public internet access points at post offices, communal cultural postal stations, railway stations, bus stations, seaports, airports, border gates, residential areas, hospitals, schools, supermarkets, cultural and sports centers;

b) Damaging public internet access points.

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

a) Illegally obstructing or restricting organizations and individuals from accessing and using information in national databases, those of ministries, sectors, and localities;

b) Obstructing the use of databases by their owners when reproducing, distributing, promoting, transmitting, or providing content that constitutes such databases;

c) Destroying, blocking, or distorting business databases.

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

a) Infringing upon the rights and legitimate interests of database owners;

b) Destroying infrastructure serving public interest;

c) Destroying organizational or business infrastructure;

d) Destroying, blocking, or distorting databases of ministries, sectors, and localities.

4. A fine of from twenty million to forty million dong shall be imposed for any of the following acts:

a) Destroying infrastructure serving state agencies;

b) Destroying, blocking, or distorting national databases;

c) Delaying, refusing, or engaging in other acts aimed at evading the implementation of decisions by competent state authorities regarding the mobilization of part or all of the infrastructure to prioritize service for the application of information technology in emergency situations as specified in Clause 1 of Article 14 of the Law on Information Technology.

5. A fine of from seventy million to one hundred million dong shall be imposed for destroying national infrastructure without reaching the level of criminal prosecution.

6. Additional forms of punishment:

a) Confiscation of objects and means used to commit administrative violations as stipulated in Point a Clause 1; Clause 2; Points b, c, d Clause 3; Points a, b Clause 4; Clause 5 of this Article;

b) Deportation of foreign nationals committing violations as stipulated in Point c Clause 2; Points b, c, d Clause 3; Points a, b Clause 4; Clause 5 of this Article.

7. Measures to remedy consequences:

The violator shall be ordered to restore the original condition altered due to administrative violations as stipulated in Point b Clause 1; Point d Clause 2; Points b, c, d Clause 3; Points a, b Clause 4; Clause 5 of this Article.

Article 16. Acts violating provisions on investment in the field of information technology

1. A fine of from forty million to sixty million dong shall be imposed for any of the following acts:

a) Using state budget funds and other sources for investment, construction, and operation and maintenance of infrastructure serving state agencies contrary to legal regulations;

b) Using investment capital and financial support mechanisms provided by the State for building and using infrastructure serving public interest and narrowing the digital divide contrary to legal regulations;

c) Using state funds for constructing and maintaining national, ministry, sector, and local databases contrary to legal regulations.

2. A fine of from seventy million to one hundred million dong shall be imposed for fraudulent acts to obtain investment and financial benefits and other advantages intended for organizations and individuals operating in the application and development of information technology in remote, mountainous, ethnic minority, economically disadvantaged, and extremely disadvantaged areas for activities in other fields.

3. Other administrative violations related to investment in the field of information technology shall be applied according to the Government's Decree stipulating administrative penalties in the field of planning and investment.

4. Measures to remedy consequences:

a) Recovery of improperly spent funds for violations as stipulated in Clause 1 of this Article;

b) Ordering the return of supported and preferential funds for violations as stipulated in Clause 2 of this Article.

Article 17. Violations of intellectual property regulations in the field of information technology

1. A fine of from two million to five million dong shall be imposed for any of the following acts:

a) Storing copies of protected works for the transmission process although the information transmission has been completed;

b) Using illegal software installation codes.

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

a) Falsely declaring information about software products to participate in competitions;

b) Not disclosing the entire or part of the original software program that was used to develop another software program, except for the original software developed by the author himself/herself to create another software program.

3. Other administrative violations concerning copyright for computer programs and data collections shall be applied according to the Government Decree stipulating administrative penalties for copyright and related rights violations.

4. Other administrative violations concerning industrial property rights in the field of information technology shall be applied according to the Government Decree stipulating administrative penalties for industrial property rights violations.

5. Additional forms of punishment:

Seize objects and means used to commit administrative violations as specified in point b, Clause 1, Article 17 herein.

Article 18. Violations of regulations on protecting rights, legitimate interests, and supporting users of information technology products and services

1. A fine of from two million to five million dong shall be imposed for any of the following acts:

a) Concealing one's own name or impersonating the name of another organization or individual when sending information over the network;

b) Sending advertising information over the network without ensuring consumers' ability to refuse such advertising information through the network;

c) Continuing to send advertising information over the network to consumers despite their notification of disagreement to receive such information;

d) Distributing contact addresses on the network without the consent of the address owner.

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

a) Creating and installing computer viruses, harmful software, or harmful code to carry out one of the acts prescribed in Article 71 of the Law on Information Technology;

b) Illegally preventing access to other organizations' or individuals' information on the network;

c) Cracking, stealing, using passwords, encryption keys, and information of other organizations or individuals on the network;

d) Failing to implement or take preventive measures against children accessing inappropriate information on the network when providing services, as prescribed by law;

đ) Producing or providing information technology products and services containing content detrimental to children without warning signs;

e) Producing or providing information technology products and services contrary to ethics and national customs;

g) Illegally testing intrusion into information systems;

h) Illegally accessing the data transmission process or information;

i) Using persons without valid certificates in information technology issued by authorized state agencies to manage information technology equipment systems.

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

a) Spreading computer viruses, harmful software, or harmful code to carry out one of the acts prescribed in Article 71 of the Law on Information Technology;

b) Illegally accessing, modifying, or deleting contents of other organizations' or individuals' information on the network;

c) Conducting denial-of-service attacks (DOS, DDOS) or other actions hindering the operation of service provision of information systems;

d) Gambling, organizing gambling, prostitution brokerage, fraud, terrorism on the network.

4. A fine of from twenty million to forty million dong shall be imposed for any of the following acts:

a) Improperly applying the preferential policy targets for disabled persons participating in information technology education and training programs;

b) Impersonating or cheating in providing information to benefit from the preferential policy targets for disabled persons participating in information technology education and training programs;

c) Improperly applying the tax, credit, and other preferential targets for activities researching and developing tools and applications to enhance disabled persons' ability to access and use information and knowledge through computers and information infrastructure;

d) Providing false information to benefit from tax, credit, and other preferential policies for activities researching and developing tools and applications to enhance disabled persons' ability to access and use information and knowledge through computers and information infrastructure;

đ) Improperly applying the preferential tax, credit, and other preferential targets for activities producing, supplying information technology, equipment, services, and digital content applications meeting the special needs of disabled persons;

e) Providing false information to benefit from the preferential tax, credit, and other preferential policies for activities producing, supplying information technology, equipment, services, and digital content applications meeting the special needs of disabled persons.

5. Additional forms of punishment:

a) Confiscate objects and means used to commit administrative violations as specified in points a, c, d, Clause 1; points a, b, c, e, h, Clause 2; Clause 3 of this Article;

b) Deport foreign nationals committing violations as specified in points a, d, Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order restoration to the original condition altered due to administrative violations as specified in point b, Clause 2; points a, b, c, Clause 3 of this Article;

b) Order destruction of information technology products and services as specified in point e, Clause 2 of this Article;

c) Order repayment of preferential funds and support as specified in Clause 4 of this Article.

Article 19. Violations concerning domain names, Internet addresses, and network identifiers

1. A fine of from VND 500,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Providing inaccurate information to register for using the national domain name “.vn”;

b) Transferring, leasing, or reselling Internet Protocol (IP) addresses and Autonomous System Numbers (ASNs), or buying and selling the national domain name “.vn” in violation of regulations.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for establishing an electronic information website without using the national domain name “.vn” without notification or with inaccurate notification, or changing information without notifying the Ministry of Posts and Telecommunications.

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

a) Not using the national domain name “.vn” on electronic information websites for political and social organizations and press agencies publishing in Vietnam;

b) Not using the national domain name “.vn” or not placing servers in Vietnam for Party and State agencies;

c) Creating illegal links or using measures to seize, control, or manipulate legitimate domain names of other organizations or individuals.

4. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Using measures that cause damage, stop operation, or abnormal operation of national domain name server systems;

b) Destroying or altering the database of national domain names.

5. Additional forms of punishment:

a) Confiscation of property and means used to commit administrative violations as stipulated in point c, Clause 3; Clause 4 of this Article;

b) Deportation of foreign nationals who commit violations as stipulated in point c, Clause 3; Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel restoration to the original state altered due to violations as stipulated in point c, Clause 3; Clause 4 of this Article;

b) Revocation of domain names, addresses, and Internet network identifiers for violations as stipulated in Clause 1 of this Article.

 

 

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…temporary

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

Article 20. Violations concerning reporting regulations

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for any of the following acts:

a) Failure to retain contents, documents, and data for reports as required by competent authorities for the prescribed period;

b) Late reporting on quality, products, services, or research and development, production, and marketing activities of key information technology products within fifteen days from the date specified by competent state authorities;

c) Late reporting on business operations when participating in information technology industrial activities as prescribed;

2. Fine from VND 500,000 to VND 2,000,000 for one of the following acts:

a) Failure to report to competent authorities on quality, products, and services as required by law;

b) Failure to report to competent state authorities on research and development, production, and marketing activities of key information technology products in which they participate;

c) Failure to report on business operations when participating in information technology industrial activities as prescribed;

d) Failure to submit other types of reports on information technology as required by the Ministry of Posts and Telecommunications;

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

a) Reporting inaccurately on quality, products, and services of information technology to competent authorities;

b) Reporting inaccurately on research and development, production, and marketing activities of key information technology products in which they participate;

c) Reporting inaccurately on business operations when participating in information technology industrial activities as prescribed.

Article 21. Acts obstructing or opposing state officials performing inspection and supervision tasks in the field of information technology

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

a) Refusing to present relevant documents, papers, or certificates upon request of authorized inspectors or supervisors;

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

2. A fine from VND 500,000 to VND 2,000,000 shall be imposed for acts obstructing the inspection and supervision activities of state officials while performing their duties.

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

a) Disposing of evidence of violations being inspected or temporarily detained;

b) Unauthorized removal of seals on evidence of violations being sealed or temporarily detained.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Section 1

AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS

Article 22. Authority to impose administrative sanctions of specialized inspection bodies for postal services, telecommunications, and information technology

1. Specialized inspectors for postal services, telecommunications, and information technology who are performing official duties have the authority:

a) To issue warnings;

b) To impose fines up to VND 200,000;

c) To confiscate objects or means used for administrative violations with a value up to VND 2,000,000;

d) To apply measures to remedy consequences as stipulated at points a, c, d, đ of Clause 3, Article 5 of this Decree;

đ) To exercise rights prescribed in Clause 2, Article 46 and Clause 2, Article 48 of the Administrative Violation Handling Ordinance;

2. The Chief Inspector of the Postal and Telecommunications Department has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use licenses within his/her jurisdiction;

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

đ) To apply measures to remedy consequences as stipulated at points a, c, d, đ of Clause 3, Article 5 of this Decree;

e) To exercise rights prescribed in Clause 1, Article 46 of the Administrative Violation Handling Ordinance.

3. The Chief Inspector of the Ministry of Postal Services and Telecommunications has the authority:

a) To issue warnings;

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

c) To revoke the right to use licenses within his/her jurisdiction;

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

đ) To apply measures to remedy consequences as stipulated at points a, c, d, đ of Clause 3, Article 5 of this Decree;

e) To exercise rights prescribed in Clause 1, Article 46 of the Administrative Violation Handling Ordinance.

Article 23. Authority to impose sanctions of other specialized inspection bodies

Within the scope of state management as prescribed by the Government, inspectors and Chief Inspectors of other specialized inspection agencies have the authority to impose sanctions for administrative violations in the field of information technology as prescribed for specialized inspection bodies for postal services, telecommunications, and information technology in this Decree.

Article 24. Authority to impose sanctions of People's Committees at all levels

Chairpersons of People's Committees at all levels have the authority to impose sanctions according to the authority prescribed in Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance within their respective jurisdictions for administrative violations concerning information technology as prescribed in this Decree.

Article 25. Authority to impose sanctions of the Public Security Force, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management Agencies

Agencies of the Public Security Force, Customs, Border Guard, Coast Guard, Tax Authorities, and Market Management Agencies have the authority to impose sanctions according to the authority prescribed in Articles 31, 32, 33, 34, 36, and 37 of the Administrative Violation Handling Ordinance for administrative violations concerning information technology directly related to their respective fields as prescribed in this Decree.

Article 26. Determination of authority to impose administrative sanctions

1. In cases where administrative violations fall under the authority to impose sanctions of multiple persons, the person who first takes charge shall impose the sanction.

2. The authority to impose sanctions prescribed in Articles 22, 23, 24, and 25 of this Decree applies to each individual administrative violation. In cases involving fines, the authority to impose sanctions 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 authority to impose sanctions is determined according to the principle prescribed in Clause 3, Article 42 of the Administrative Violation Handling Ordinance.

Section 2

PROCEDURES FOR IMPOSING SANCTIONS

Article 27. Procedures for Applying Principal Sanctions

1. When discovering administrative violations related to information technology, the authorized sanctioning authority must immediately issue an order to cease the administrative violation.

2. In cases where administrative sanctions are imposed in the form of a warning or a fine up to VND 100,000, the authorized sanctioning authority must issue an on-the-spot decision according to the simplified procedure stipulated in Article 54 of the Administrative Violation Handling Ordinance.

3. In cases where administrative sanctions are imposed in the form of a fine exceeding VND 100,000, the authorized sanctioning authority must promptly prepare an administrative violation record according to the provisions of Article 55 of the Administrative Violation Handling Ordinance. If the person preparing the record does not have the authority to impose administrative sanctions or lacks such authority, they must promptly send the record and related files to the competent level to issue a sanctioning decision.

4. The sanctioning decision and fine procedures shall be carried out according to the provisions of Articles 56 and 57 of the Administrative Violation Handling Ordinance.

5. Organizations and individuals fined must pay the fine according to the provisions of Article 58 of the Administrative Violation Handling Ordinance.

Article 28. Procedures for Revoking License Usage Rights

The procedures for revoking license usage rights related to information technology shall be carried out according to the provisions of Article 59 of the Administrative Violation Handling Ordinance.

Article 29. Procedures for Confiscating and Handling Evidence and Means Used in Administrative Violations

1. When applying the confiscation of evidence and means used in administrative violations related to information technology, the authorized sanctioning authority must prepare a record according to the provisions of Article 60 of the Administrative Violation Handling Ordinance.

2. The handling of evidence and means used in administrative violations related to information technology shall be carried out according to the provisions of Article 61 of the Administrative Violation Handling Ordinance.

Article 30. Enforcement of Sanction Decisions

1. Organizations and individuals subject to administrative sanctions must enforce the sanction decision within ten days from the date of receiving the decision, except when otherwise provided by law. This period shall be clearly stated in the sanction decision. Beyond this period, if organizations and individuals subject to sanctions do not voluntarily comply, the authorized sanctioning authority may apply coercive measures to enforce compliance.

2. The suspension of enforcement of fine decisions shall be carried out according to the provisions of Article 65 of the Administrative Violation Handling Ordinance.

3. The statute of limitations for enforcing administrative sanction decisions shall be carried out according to the provisions of Article 69 of the Administrative Violation Handling Ordinance.

4. The sanction decision must be delivered to the organization or individual subject to sanctions or notified to them to come and collect it. If, after one year, the sanction decision cannot be delivered to the organization or individual due to their failure to collect it, their unidentifiable address, or other objective reasons, the authority issuing the sanction decision shall issue a decision to suspend the enforcement of sanctions but still apply the remedial measures recorded in the sanction decision.

Article 31. Application of Coercive Measures to Enforce Sanction Decisions

1. The enforcement of coercive measures to enforce administrative sanction decisions related to information technology shall be carried out according to the provisions of Article 66 of the Administrative Violation Handling Ordinance.

2. The authority to issue coercive measures and organize their implementation shall be carried out according to the provisions of Article 67 of the Administrative Violation Handling Ordinance.

3. The procedures for applying coercive measures to enforce administrative sanction decisions shall be carried out according to the provisions of Government Decree No. 37/2005/NĐ-CP dated March 18, 2005, stipulating the procedures for applying coercive measures to enforce administrative sanction decisions.

Article 32. Provisions on transferring case files of violations with signs of criminal offenses for prosecution

When examining a violation to decide on punishment, if it is found that the violation has signs of a criminal offense, the competent authority must immediately transfer the file to the competent criminal procedure agency as prescribed in Article 62 of the Ordinance on Handling Administrative Violations.

Chapter IV

COMPLAINTS, REPORTS, AND VIOLATION HANDLING

Article 33. Complaints, reports, and resolution of complaints and reports

1. Organizations and individuals subject to administrative penalties for information technology violations or their legitimate representatives have the right to appeal against the penalty decision of the competent authority. During the time awaiting the resolution of the complaint from the competent authority, the organization or individual subject to the penalty must still comply with the penalty decision except in cases where demolition of construction works is required.

2. Citizens have the right to report to agencies, organizations, or individuals with competence about administrative violations related to information technology according to the provisions of the law on complaints and reports.

3. Citizens have the right to report to agencies, organizations, or individuals with competence about unlawful acts of those authorized to impose administrative penalties for information technology violations.

4. Competence, procedures, processes, deadlines for complaints, reports, and resolution of complaints and reports; administrative litigation shall be implemented in accordance with the provisions of the law on complaints and reports and the Ordinance on Procedures for Resolving Administrative Cases.

Article 34. Handling of Violations

1. If the person authorized to impose administrative penalties in the field of information technology engages in harassment, tolerance, cover-up, failure to impose penalties, untimely imposition of penalties, incorrect imposition of penalties, or imposition of penalties beyond the prescribed competence, they will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

2. If the person subject to administrative penalties in the field of information technology obstructs or resists public officials performing their duties, they will be subject to administrative penalties or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 36. Responsibility for Implementation

The Minister of Posts and Telecommunications shall guide the implementation of this Decree. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government are responsible for implementing this Decree./.