Decree No. 83/2011/ND-CP on administrative sanctions for violations in the telecommunications sector

DECREE

Regulations on Administrative Offenses and Penalties in the Field of Telecommunications

____________________

THE GOVERNMENT

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

Pursuant to the Law on Telecommunications dated November 23, 2009;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates administrative offenses and penalties related to telecommunications activities, including investment and operation of telecommunications services; public telecommunications services; management of telecommunications; rights and obligations of organizations and individuals participating in telecommunications activities.

2. Other administrative offenses in the field of telecommunications not provided for in this Decree shall be subject to regulations set forth in other decrees of the Government concerning administrative offenses in areas under state administration that are relevant for the imposition of penalties.

Article 2. Principles of Administrative Sanctions

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

Article 3. Time Limit for Imposing Administrative Sanctions

1. The statute of limitations for administrative offenses in the field of telecommunications is one year from the date the administrative offense was committed.

2. For individuals who have been indicted, prosecuted, or have had a case of violation in the field of telecommunications decided to be brought to trial under criminal proceedings, but subsequently have a decision to terminate investigation or terminate the case where the act has signs of administrative violations, they will be subject to administrative penalties; within three days from the date of issuing 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 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 limits specified in paragraphs 1 and 2 of this Article, no penalties will be imposed, but measures to mitigate consequences as prescribed in paragraph 3 of Article 4 of this Decree will still be applied.

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

Article 4. Forms of Administrative Penalties in the Field of Telecommunications and Measures to Mitigate 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 severity of the violation, organizations and individuals committing administrative offenses may also be subject to one or more of the following supplementary forms of punishment:

a) Revocation of licenses for a limited or unlimited period.

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

3. In addition to the primary forms of punishment and supplementary punishments prescribed in paragraphs 1 and 2 of this Article, organizations and individuals committing administrative offenses may also be subject to one or more of the following measures to mitigate consequences:

a) Compel restoration to the original condition prior to the change caused by the administrative violation;

b) Compelling removal from Vietnam or compelling re-exportation of goods, items, or means related to administrative violations in the field of telecommunications.

c) Compelling destruction of items or deletion of harmful electronic information content on telecommunications networks that are detrimental to mental health, physical health, or social customs.

d) Compelling recovery or return of improperly collected funds or recovery of confiscated items or means that have been disposed of.

đ) Compelling termination of provision or use of telecommunications services.

e) Compelling recovery of telephone numbers or blocks of numbers.

4. Foreign individuals committing administrative offenses may also be subject to expulsion. Expulsion can be applied as a primary form of punishment or supplementary punishment in specific cases.

Chapter II

VIOLATIONS OF TELECOMMUNICATIONS REGULATIONS, FORMS AND AMOUNTS OF PENALTIES

Section 1

VIOLATIONS OF TELECOMMUNICATIONS BUSINESS REGULATIONS

Article 5. Violations of provisions on telecommunications service agency and authorized transaction points

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

a) Establishing terminal equipment systems outside the agreed location in the telecommunications service agency contract or authorized transaction point contract to provide services;

b) Providing telecommunications services not in accordance with the time stipulated by local authorities;

c) Acting as a telecommunications service agency or authorized transaction point but failing to meet the conditions and standards for telecommunications service agencies or authorized transaction points.

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

a) Not signing a telecommunications service agency contract but still providing services to users or reselling telecommunications services;

b) Failing to provide necessary information related to the use of telecommunications services to service users.

3. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed for the act of providing telecommunications services to users in violation of the provisions of Article 12 of the Telecommunications Law.

Article 6. Violations of provisions on the use of telecommunications services and telecommunications subscriber numbers

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

a) Using, renting, or lending terminal equipment of subscribers, specialized telecommunications goods transported across borders for the purpose of transferring international telephone traffic to Vietnam;

b) Using telecommunications services in violation of any of the prohibited acts in telecommunications activities as provided for in Clause 3, Clause 4, Clause 5, and Clause 6 of Article 12 of the Telecommunications Law.

2. Additional forms of punishment:

a) Seizure of objects and means used to commit administrative violations as specified in Point a Clause 1 of this Article;

b) Deportation of foreign nationals who commit violations as specified in Clause 1 of this Article.

Article 7. Violations of provisions on ownership in telecommunications service business

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Failing to report to the specialized management agency for telecommunications when there is a change in the organization or individual owner exceeding the prescribed level regarding the charter capital or shares of the enterprise;

b) Failure to develop a restructuring plan for the ownership capital of telecommunications enterprises listed in the directory decided by the Prime Minister;

c) Failure to implement the deadline for restructuring the ownership capital of telecommunications enterprises listed in the directory decided by the Prime Minister.

2. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed for the act of failing to restructure ownership for telecommunications enterprises listed in the directory decided by the Prime Minister.

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

a) Holding controlling shares contrary to the provisions with respect to enterprises listed in the Directory of Enterprises Providing Services with Infrastructure Networks State-Controlled Shares;

b) Simultaneously owning at a level exceeding the prescribed level regarding the charter capital or shares in two or more different telecommunications enterprises operating telecommunications services within the scope defined by the Ministry of Information and Communications.

Article 8. Violations of investment commitment provisions

A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for the act of failing to implement investment commitments.

Article 9. Violations of competition provisions

1. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on telecommunications enterprises holding a dominant market position, telecommunications enterprises holding essential facilities that commit any of the following acts:

a) Failing to conduct separate statistics or accounting for telecommunications services occupying a controlling market share;

b) Failing to promptly provide other telecommunications enterprises with technical information about essential facilities or necessary commercial information related to the provision of services.

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on telecommunications enterprises holding a dominant market position, telecommunications enterprises holding essential facilities that use their network telecommunications and essential facility advantages to obstruct market entry, limit, or create difficulties for the provision of telecommunications services by other telecommunications enterprises.

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

a) Implementing a request for exemption according to the Competition Law but not being approved in writing by the Ministry of Information and Communications beforehand;

b) Failing to notify the specialized management agency for telecommunications before conducting economic concentration with a combined market share of 30% or more on the relevant service market.

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

a) Dominant market position telecommunications enterprises, telecommunications enterprises holding essential facilities using another enterprise's information to engage in unfair competition;

b) Dominant market position telecommunications enterprises, telecommunications enterprises holding essential facilities implementing cross-subsidization of telecommunications services to engage in unfair competition.

Section 2

VIOLATIONS OF PROVISIONS ON PUBLIC TELECOMMUNICATIONS

Article 10. Violations of provisions on providing public telecommunications services

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Not implementing or not fully implementing types of public telecommunications services as prescribed;

b) Not disclosing state funding or content supporting public telecommunications services as prescribed.

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

a) Applying the area provided with public telecommunications services not in accordance with regulations;

b) Failure to comply with the obligation to construct, review, and adjust plans for providing public telecommunications services when designated by the competent state authority.

c) Failure to implement investment projects for constructing public telecommunications service provision when designated for bidding by the competent state authority.

d) Delay in contributing financial resources to the Public Telecommunications Service Fund as prescribed by the competent state authority.

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

a) Contributing to the Vietnam Public Telecommunications Service Fund not in accordance with regulations.

b) Using subsidized capital to implement public telecommunications service policies for purposes other than those intended.

4. Measures to remedy consequences:

Compel recovery of improperly expended funds for violations stipulated in point a, Clause 2 and point b, Clause 3 of this Article.

Article 11. Violations of provisions on applying public telecommunications policies

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of incorrectly applying public telecommunications policies to the wrong subjects.

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

a) Propaganda and advertising creating misunderstandings that public telecommunications services are supported by enterprises;

b) Implementing public telecommunications policies not in accordance with regulations.

3. Measures to remedy consequences:

Compel recovery or compel repayment of improperly applied funds for violations stipulated in Clause 1 of this Article.

Section 3

VIOLATIONS OF PROVISIONS ON NETWORK ESTABLISHMENT AND TELECOMMUNICATION SERVICES PROVIDING

Article 12. Violations of provisions on providing telecommunication services

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of failing to display instructions for using services and emergency telecommunication service numbers, directory inquiry services for fixed telephone numbers.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of damaging or misusing public payphone booths.

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

a) Failure to provide necessary information related to the use of telecommunication services to users.

b) Applying standard contracts without approval from the specialized telecommunications management agency for telecommunication services that require standard contracts.

c) Failure to apply uniform standard contracts throughout the enterprise for telecommunication services that require standard contracts.

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

a) Failure to register standard service usage contracts for telecommunication services that require standard contracts.

b) Providing telecommunication services not in accordance with the license.

c) Failure to comply with regulations on reselling telecommunication services.

d) Providing basic telecommunication services or value-added telecommunication services without the consent of the telecommunication subscriber; requiring users to confirm by terminal equipment whether they agree or disagree to use basic telecommunication services or value-added telecommunication services.

5. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for the act of providing telecommunication services across borders to users within the territory of Vietnam without a business contract or commercial agreement with a Vietnamese enterprise licensed to provide international telecommunication services.

6. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for the act of installing telecommunications equipment to illegally transfer telecommunication service traffic from Vietnam to foreign countries or from foreign countries to Vietnam in any form.

7. Additional forms of administrative sanction:

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

8. Measures to remedy consequences:

a) Compel restoration to the original condition prior to the change caused by administrative violations for violations stipulated in Clause 2 of this Article.

b) Compel recovery of profits generated by administrative violations for violations stipulated in point d, Clause 4 and Clause 5 of this Article.

Article 13. Violation of provisions on not terminating service provision

A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for continuing to provide telecommunications services when there is a written notice from a competent state agency requesting termination of the contract with the telecommunications service user.

Article 14. Violations of provisions on ceasing business operations of services

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Ceasing operations of telecommunications services before notifying users and related parties or publishing on mass media for less than thirty days;

b) Ceasing business operations of telecommunications services without notifying the telecommunications service users and related parties or without publishing on mass media or failing to provide sufficient information as required;

c) Ceasing business operations of part or all of telecommunications services before the submission of notification documents to the specialized management agency for telecommunications has reached the sixty-day period;

d) Not submitting notification documents to the specialized management agency for telecommunications when ceasing business operations of part or all of licensed telecommunications services.

2. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on essential telecommunications enterprises, market-dominant telecommunications enterprises, and public telecommunications service providers that implement any of the following acts:

a) Ceasing business operations without presenting to the Ministry of Information and Communications a plan to reorganize the enterprise to ensure continued service provision to users.

b) Ceasing operations of part or all telecommunications services without written approval from the Ministry of Information and Communications.

Article 15. Violations of provisions on business communication

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of applying business communication regimes incorrectly to the objects.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of not detailing the objects, scope, usage levels, or not issuing internal business communication management regulations.

Article 16. Violations of provisions on directory inquiry assistance service

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for providing the 116 service without meeting any of the quality standards.

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

a) Not providing assistance for fixed telephone number lookup for telecommunications enterprises registered in the public telephone directory;

b) Not establishing methods for assisting with fixed telephone number lookup as prescribed;

c) Not implementing or implementing improperly the backup service 116 system;

d) Still including the name or address or other related information in the Public Telephone Directory when the subscriber has refused to register such information.

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

a) Failing to ensure sufficient capacity or failing to ensure the correct time when providing the trunk gateway of the switch connecting to the 116 service provision system;

b) Providing incomplete or failing to ensure the correct time for the database of the 116 service.

c) Not routing calls to the service 116 system;

d) Not providing the database of fixed telephone subscribers including information about the name, address, telephone number, and other related information to the service 116 provider.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of not providing the public telephone directory free of charge to users of fixed telephone services.

Article 17. Violations of provisions on emergency telecommunications services and reporting malfunction of fixed telephone number

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to ensure the accessibility of telecommunications service users to emergency contact numbers or malfunction reporting services for fixed telephone numbers.

2. Measures to remedy consequences:

Order to restore the initial status that was changed due to administrative violations under paragraph 1 of this Article.

Article 18. Violations of provisions on changing telecommunications subscription numbers

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Not announcing or announcing incorrectly within the prescribed period on mass media before changing telecommunication subscriber numbers;

b) Not guiding telecommunication service users on how to dial after changing telecommunication subscriber numbers;

c) Failing to report to the specialized management agency for telecommunications when changing telecommunications subscription numbers.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for changing telecommunications subscription numbers not in accordance with the application for changing subscription numbers or not in accordance with the approval document of the specialized management agency for telecommunications.

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Changing telecommunications subscription numbers before receiving an approval document from the specialized management agency for telecommunications.

b) Not implementing technical measures to minimize communication disruptions before, during, and after the process of changing telecommunication subscriber numbers.

Article 19. Violations of provisions on registration, retention, and use of subscription information

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

a) Providing or using inaccurate information when concluding a telecommunications service usage contract;

b) Failing to register changes in information when there is a change in the subscriber.

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

a) Accepting documents not in accordance with regulations when registering subscription information;

b) Selling SIM cards or non-SIM terminal devices registered with another person's subscription information;

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

a) Receiving subscriber information registration without authorization as prescribed;

b) Failing to meet the conditions stipulated for the subscriber information registration point;

c) The transaction point manager failing to properly follow the procedures for receiving subscriber information registration;

d) Failing to report to the enterprise or competent authority when discovering violations during the process of registration, retention, and use of subscription information;

đ) Failing to check, update, or accurately transfer to the enterprise the subscription information registered at their transaction points;

e) Providing services to subscribers who have not provided complete or accurate subscription information as required, with less than 100 subscriptions;

g) Buying, exchanging, or using equipment capable of activating SIM cards or registering subscription information without needing to break the SIM card;

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

a) Implementing unauthorized delegation of subscriber information registration acceptance procedures;

b) Failing to train or instruct on the procedures and formalities for subscriber information registration for the registration points;

c) Failing to terminate service provision to subscribers providing inaccurate information when the enterprise discovers this independently;

d) Failing to provide subscription information upon request of the competent state management authority;

đ) Failing to terminate service provision to subscribers upon request of the competent state agency;

e) Providing services to subscribers who have not provided complete or accurate subscription information as required, with 100 to less than 300 subscriptions;

g) Failing to connect the subscription information database as requested by the competent state management authority;

h) Telecommunications service providers failing to comply with regulations on registration, retention, or use of subscription information;

5. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Accepting subscriber information provided by unauthorised transaction point managers;

b) Providing services to subscribers who have not provided complete or accurate subscription information as required, with 300 to less than 500 subscriptions;

6. A fine of from fifty million to seventy million Vietnamese dong shall be imposed for one of the following acts:

a) Failing to establish technical systems or databases to collect, retain, and manage subscriber information as prescribed;

b) Providing services to subscribers who have not provided complete or accurate subscription information as required, with 500 or more subscriptions;

7. Additional forms of administrative sanction:

a) Confiscating the objects used to commit administrative violations, except identity cards or passports (if the object is a SIM card, confiscate both the SIM card and the account within it) for violations stipulated in point b, clause 2 and points c, g, clause 3 of this Article;

b) Confiscating the proceeds obtained from committing administrative violations for violations stipulated in point b, clause 2 of this Article.

8. Measures to remedy consequences:

Order to comply with decisions of competent state management authorities for violations stipulated in clause 1, clause 2, point e, clause 3, points e, g, h, clause 4, point b, clause 5, and clause 6 of this Article.

Article 20. Violations of regulations on issuing invoices and paying service charges

1. A fine of from five million to ten million Vietnamese dong shall be imposed for the act of issuing invoices for payment of telecommunications service charges that are not fully or accurately reflected in one of the following contents:

a) The service charge and the amount payable for each type of telecommunications service;

b) The total amount payable;

c) Value-added tax.

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

a) Not providing free detailed itemized bills accompanying the invoice for telecommunications services as specified in the List of Services issued by the Ministry of Information and Communications, except where otherwise agreed;

b) Charging calls made from fixed-line telephones to emergency numbers or to the service 116 or to the service reporting malfunction of fixed-line telephone numbers;

c) Not issuing invoices for payment of service charges for postpaid telecommunications service users, except when the user pays by a prepaid card.

3. Measures to remedy consequences:

Compel recovery or compel repayment of improperly collected funds for violations stipulated in point a, Clause 2 of this Article.

SECTION 4

VIOLATIONS OF TELECOMMUNICATIONS LICENSE REGULATIONS

Article 21. Violations of telecommunications license regulations

1. A fine of from five million to ten million Vietnamese dong shall be imposed for the act of failing to present one of the following types of telecommunications licenses upon request by the competent authority:

a) Public telecommunications network establishment license;

b) Telecommunications service provision license;

c) Undersea telecommunications cable installation license;

d) Private telecommunications network establishment license;

đ) Network and telecommunications service testing license.

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

a) Repairing, erasing, or altering the content of the license;

b) Engaging in fraudulent behavior or providing false information to obtain one of the licenses mentioned in Clause 1 of this Article;

c) Exceeding one month from the date of loss, damage, burning, or destruction of a telecommunications license as stipulated in Clause 1 of this Article but the licensed organization does not submit an application for reissue;

d) Exceeding two years from the effective date of Decree No. 25/2011/NĐ-CP dated April 6, 2011 detailing and guiding implementation of certain provisions of the Telecommunications Law, enterprises already granted telecommunications licenses have not completed procedures to apply for issuance, change of licenses according to the guidance of the Ministry of Information and Communications.

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for the act of establishing a private telecommunications network or testing networks and telecommunications services without a license or renting, lending, leasing, borrowing a license.

4. A fine of from seventy million to one hundred million Vietnamese dong shall be imposed for the act of not having a license or renting, lending, leasing, borrowing a license for one of the following cases:

a) Establishing a public telecommunications network;

b) Providing telecommunications services;

c) Installing undersea telecommunications cables.

5. Measures to remedy consequences:

Compel termination of network establishment, cable installation, or compel cessation of service provision for violations stipulated in Clause 3 and Clause 4 of this Article.

Article 22. Violations of regulations on publication and changes in license content

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to announce or announcing incompletely the content of a telecommunication service business license;

b) Failure to publish or publish incompletely the content of amendments, supplements, or extensions of telecommunications service business licenses;

c) Publishing the content of telecommunications service business licenses inaccurately or not publishing sufficiently in at least three consecutive issues of newspapers;

d) Publishing the content of amendments, supplements, or extensions of telecommunications service business licenses inaccurately or not publishing sufficiently in at least three consecutive issues of newspapers.

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

a) Changing the main office address without notification or notification not within the prescribed time limit to the licensing authority;

b) Changing the name of the enterprise, the scope of telecommunications network establishment, the scope of telecommunications service provision, the type of service already licensed, or other information without completing procedures to request amendments or supplements to the telecommunications service business license content;

c) Changing the name of the licensed entity or the list of members of the network, network configuration, or the scope of network operation, or the type of service provided without completing procedures to request amendments or supplements to the private telecommunications network establishment license content;

d) Failing to comply with the provisions of the telecommunications license.

3. A fine of from fifty million to seventy million Vietnamese dong shall be imposed for the act of changing the name of the licensed entity or information about the installed cable route without completing procedures to request amendments or supplements to the undersea telecommunications cable installation license content.

4. A fine of from seventy million to one hundred million Vietnamese dong shall be imposed for the act of failing to fulfill commitments made by the telecommunications license issuing organization to the licensing authority.

Article 23. Violations of regulations on the installation of submarine telecommunications cables

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

a) Providing incomplete or inaccurate information related to the cable route to the specialized management agency for telecommunications;

b) Not complying with the inspection and supervision of the competent state agency when surveying, installing, maintaining, or repairing the cable route in Vietnam's territorial waters;

c) Not complying with the guidance of the competent state agency when surveying, installing, maintaining, or repairing the cable route in Vietnam's territorial waters;

d) Conducting activities other than surveying, installing, maintaining, or repairing the telecommunications cable route in Vietnam's territorial waters;

đ) Surveying, installing, maintaining, or repairing the telecommunications cable route without permission from the competent state agency as prescribed by law;

2. Additional forms of punishment:

Revocation of the license usage rights for one month for violations stipulated in points b, c, d of Clause 1 of this Article.

3. Measures to remedy consequences:

Compel restoration to the original condition altered due to administrative violation for violations stipulated in point d of Clause 1 of this Article.

Article 24. Violations of regulations on conditions for issuing licenses to establish private telecommunications networks

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Providing services to organizations or individuals who are not members of the private telecommunications network;

b) Establishing a private telecommunications network not in accordance with the provisions of the license.

2. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for using a private telecommunications network for business purposes.

3. Additional forms of punishment:

Confiscation of the proceeds obtained from the administrative violation for violations stipulated in Clause 2 of this Article.

Article 25. Violations of regulations on fees and charges

Acts of violation concerning fees, charges, and communication service operation fees in the field of telecommunications shall be applied according to the Government Decree stipulating administrative penalties in the field of fees and charges.

MỤC 5

VIOLATIONS OF REGULATIONS ON CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE

Article 26. Violations of regulations on connection of public telecommunications networks

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Telecommunications enterprises holding essential facilities do not publicly announce the model connection agreement;

b) Telecommunications enterprises do not meet the required connection capacity according to the overall planning for network and service development and the connection agreement;

c) Telecommunications enterprises failing to ensure the quality of connection.

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on telecommunications enterprises holding essential means that have not registered with the specialized management agency for telecommunications for model connection agreements.

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

a) Telecommunications enterprises holding essential means failing to establish interconnection tariffs in accordance with the regulations;

b) Telecommunications enterprises limiting, refusing, arbitrarily stopping, or causing difficulties for the connection between telecommunications networks or the provision of services by other telecommunications enterprises;

c) Not allowing connection despite technical feasibility on the telecommunications network;

d) Failing to ensure timely or transparent connection;

đ) Discriminating in connection;

e) Telecommunications enterprises holding essential means establishing interconnection tariffs based on discrimination among types of services;

g) Failing to implement decisions resolving connection disputes made by the specialized management agency for telecommunications;

h) Connecting telecommunications networks not in accordance with regulations.

Article 27. Violation of provisions on connection to private telecommunications networks

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Not implementing the provisions on connecting dedicated telecommunications networks to public telecommunications networks correctly;

b) Connecting a private telecommunications network to a public telecommunications network without ensuring technical standards and specifications as prescribed;

c) Connecting dedicated telecommunications networks to public telecommunications networks but not signing a connection contract;

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for directly connecting dedicated telecommunications networks with each other without written permission from the Ministry of Information and Communications.

3. Measures to remedy consequences:

Order to restore the initial state that was altered due to administrative violations under Clause 2 of this Article.

Article 28. Violation of provisions on sharing telecommunications infrastructure

1. A fine of from VND 10,000,000 to VND 20,000,000 for the act of implementing telecommunications infrastructure sharing without a contract.

2. A fine of from VND 50,000,000 to VND 70,000,000 for the act of failing to implement or delaying implementation of decisions by specialized management agencies regarding telecommunications infrastructure sharing.

PART 6

VIOLATIONS OF TELECOMMUNICATIONS RESOURCES PROVISIONS

Article 29. Violations of provisions on allocation, use, and return of telecommunications number resources, Internet resources

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failure to report plans or usage status of telecommunications number resources;

b) Failure to return telecommunications number resources, Internet resources when no longer needed or when ceasing telecommunications service operations;

c) Providing national domain name registration and maintenance services ".vn" when not being a ".vn" domain registrar or lacking an agency agreement to provide such services from a ".vn" domain registrar.

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

a) Using telecommunications number resources in violation of regulations;

b) Failing to implement or improperly implementing planning and management regulations for telecommunications number resources, Internet resources.

3. A fine of from VND 30,000,000 to VND 50,000,000 for the act of using telecommunications number resources before allocation by competent state authorities.

4. Measures to remedy consequences:

Order to recover telecommunications number resources for violations stipulated in Clause 3 of this Article.

Article 30. Violations of provisions on transfer of telecommunications number resources, Internet resources

1. A fine of from VND 10,000,000 to VND 20,000,000 for the act of transferring or accepting transfer of Internet resources allocated through auction without the consent of the Ministry of Information and Communications.

2. A fine of from VND 20,000,000 to VND 30,000,000 for the act of transferring or accepting transfer of telecommunications number resources allocated through auction without the consent of the Ministry of Information and Communications.

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Transferring telecommunications number blocks by organizations or individuals allocated without going through auction;

b) Transferring national domain names ".vn" designated for Party and State agencies or other types of domains prohibited from transfer according to regulations of the Ministry of Information and Communications;

c) Transferring rights to use telecommunications number resources or Internet resources despite the transferring entity or individual not having legitimate rights to use them;

d) Transferring rights to use telecommunications number resources or Internet resources but the receiving entity or individual is not permitted to operate or does not meet investment or exploitation conditions for those telecommunications number resources or Internet resources.

4. Measures to remedy consequences:

Order to recover telecommunications number resources, Internet resources for violations stipulated in Clauses 1, 2, and 3 of this Article.

Section 7

VIOLATIONS OF PROVISIONS ON QUALITY MANAGEMENT, PRICING, AND PROMOTION OF TELECOMMUNICATIONS SERVICES

Article 31. Violations of provisions on the quality of telecommunications equipment

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Erasing, altering conformity certification papers;

b) Selling telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards without conformity certification or without declaration of conformity or without conformity marks.

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

a) Producing, importing telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards but not obtaining conformity certification before putting them into circulation on the market;

b) Producing, importing telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards but not declaring conformity before putting them into circulation on the market;

c) Producing, importing telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards but not using conformity marks before putting them into circulation on the market;

d) Connecting to public telecommunications networks telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards without conformity certification or without declaration of conformity or without conformity marks;

đ) Providing, using passive telecommunications infrastructure, connecting telecommunications networks without declaring conformity;

3. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of producing, importing, or circulating on the market telecommunications equipment listed in the Catalogue of Equipment Capable of Causing Safety Hazards but with quality not conforming to technical standards that have been certified or declared.

4. Measures to remedy consequences:

Order the recall of telecommunications equipment circulating on the market; order the change of purpose of use, recycling, or re-exportation of imported telecommunications equipment violating the provisions of Clause 3 of this Article.

Article 32. Violations of provisions on the quality of telecommunications networks and services

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Declaring the quality of telecommunications networks and services listed in the Catalogue of Telecommunications Networks and Services Required to be Quality Managed not in accordance with the prescribed deadlines;

b) Publishing the quality declaration on the enterprise's electronic news site or posting it at transaction points not in accordance with the Quality Declaration of telecommunications networks and services and the List of Service Quality Indicators in the quality declaration dossier submitted to the competent state management agency;

c) Not declaring the quality of telecommunications services according to voluntary standards applicable to telecommunications networks and services not listed in the Catalogue of Telecommunications Networks and Services Required to be Quality Managed;

d) Not storing or storing inadequately the documents and data results of quality inspection and control conducted by the enterprise in accordance with regulations.

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

a) Not declaring the quality of telecommunications networks or services listed in the Catalogue of Telecommunications Networks and Services Required to be Quality Managed;

b) Not uploading the Quality Declaration of telecommunications networks and services and the List of Quality Indicators of telecommunications networks and services to the enterprise's electronic news site or not posting them at transaction points of the enterprise for telecommunications networks and services listed in the Catalogue of Telecommunications Networks and Services Required to be Quality Managed;

c) Not re-declaring the quality of telecommunications networks and services when there are changes in technical standards or when there are changes related to the previously declared contents;

d) Not providing, providing inadequately, or providing inaccurately documents and data for inspection, examination, and quality testing of telecommunications networks and services;

đ) Not inspecting and controlling the quality or inspecting and controlling the quality not in accordance with regulations for telecommunications networks and services listed in the Catalogue of Telecommunications Networks and Services Required to be Quality Managed;

e) Providing services with lower quality than prescribed or lower than the declared quality.

Article 33. Violations of provisions on inspection of telecommunications equipment

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of repairing, erasing, or altering the certificate of inspection of network equipment, billing measurement devices, and radio stations.

2. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Using network equipment, billing measurement devices, and radio stations that have been inspected but the certificate of inspection has expired.

b) Putting into operation telecommunications equipment listed in the "List of Telecommunications Equipment Required to Be Inspected" without undergoing inspection.

c) Not complying with telecommunications technical standards and specifications for network equipment, billing measurement devices, and radio stations.

d) Putting into use radio stations listed in the "List of Radio Stations Required to Be Inspected for Electromagnetic Safety" without undergoing inspection.

Article 34. Violations of provisions on telecommunications service charges

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Failing to notify the specialized management agency of telecommunications of the telecommunications service charges.

b) Applying service charges before registering with the specialized management agency of telecommunications.

c) Failing to register service charges with the specialized management agency of telecommunications.

d) Setting incorrect telecommunications service charges.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Providing telecommunications services at rates significantly lower than the average market rates as prescribed by the Ministry of Information and Communications;

b) A dominant telecommunications enterprise applying telecommunications service charges lower than the cost.

3. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for cross-subsidizing between telecommunications services when determining charges.

4. Measures to remedy consequences:

Obligation to return profits obtained from violations stipulated in point d, Clause 1, Article 34.

Article 35. Violations of provisions on promotions

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of trading specialized telecommunications goods without signing a contract with a telecommunications enterprise.

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

a) Not being a telecommunications enterprise or not being hired by a telecommunications enterprise but conducting promotions for telecommunications services.

b) Not being a telecommunications enterprise or not being hired by a telecommunications enterprise but conducting promotions for specialized telecommunications goods.

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

a) Giving SIM cards containing telecommunications subscription numbers or giving mobile phones pre-installed with telecommunications subscription numbers to customers who have not registered for trial service;

b) Providing trial telecommunications services to customers who have not registered for a trial period.

c) Providing trial telecommunications services for customers to try without payment when the trial period has ended or the service has been provided to the market for more than twelve months.

d) The duration of providing trial telecommunications services exceeding thirty-one days.

đ) Providing trial telecommunications services for customers to try without payment having a total value exceeding VND 100,000.

e) The total time implementing discount promotion programs for a brand of telecommunications service, a brand of specialized telecommunications goods, promotional programs providing telecommunications services, selling specialized telecommunications goods accompanied by participation in promotional programs with a chance element exceeding the regulations of the Ministry of Information and Communications.

g) The material value used for promotion for a unit of telecommunications service or specialized telecommunications goods or the total value of specialized telecommunications services or goods used for promotion exceeding the regulations of the Ministry of Information and Communications.

h) Giving away specialized telecommunications goods or telecommunications services without accompanying the purchase or provision of goods or services.

i) Selling goods or providing services accompanied by SIM purchase vouchers containing a telecommunications subscriber number or mobile phone purchase vouchers pre-installed with a telecommunications subscriber number or prepaid card purchase vouchers.

k) Service usage vouchers becoming valid before the customer uses at least the minimum communication time, information volume, or information package recorded in the service usage voucher.

l) Applying frequent customer programs incorrectly to customers.

m) Failing to announce or register with competent state authorities when implementing promotional programs for telecommunications services or specialized telecommunications goods.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for promoting by reducing telecommunications service charges or the sale price of specialized telecommunications goods regulated by the State; promoting by reducing telecommunications service charges or the sale price of specialized telecommunications goods below the minimum level for telecommunications services or specialized telecommunications goods regulated by the State's price range or minimum price.

PART 8

VIOLATIONS OF PROVISIONS ON TELECOMMUNICATION FACILITIES

Article 36. Violations of provisions on planning for passive telecommunication facilities

1. A fine of from five million to ten million dong shall be imposed on the act of not prioritizing the provision of public telecommunications service points at railway stations, bus terminals, seaports, airports, border gates, and other public places.

2. A fine of from ten million to twenty million dong shall be imposed on the act of not prioritizing space, land surface, underground land, and seabed for public telecommunication facilities.

3. A fine of from twenty million to thirty million dong shall be imposed on the act of not implementing a project to invest in important telecommunication facilities related to national security or providing public telecommunications service points after being approved by the competent state agency and allocated land.

4. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Telecommunications enterprises do not develop technical infrastructure planning for passive telecommunications at the local level;

b) Telecommunications enterprises do not cooperate or contribute funds to implement undergrounding, and beautify telecommunications cable routes.

Article 37. Violations of provisions on designing, constructing, and using telecommunications works

1. A fine of from thirty million to fifty million dong shall be imposed on any of the following acts:

a) Organizations or individuals investing in constructing multi-user buildings (residential buildings, office buildings, hotels) do not design or install telecommunications cable systems and access points within the building;

b) Organizations or individuals investing in constructing high-rise multi-user buildings (residential buildings, office buildings, hotels), public construction projects do not allocate space for telecommunications enterprises to install antennas on the roof of the building, install receiving and transmitting equipment within the building, within public construction projects;

c) There is no technical infrastructure for passive telecommunications when preparing the basic design for transportation infrastructure systems, energy supply, public lighting, water supply, drainage, and other technical infrastructure projects;

d) Restricting users from freely choosing telecommunications enterprises or limiting competition in establishing networks and providing telecommunications services by telecommunications enterprises in buildings, public construction projects, transportation projects, industrial zones, export processing zones, high-tech zones, urban areas.

2. A fine of from fifty million to seventy million dong shall be imposed on the investor of transportation projects, industrial zones, export processing zones, high-tech zones, urban areas who does not allocate space for telecommunications enterprises to construct technical infrastructure for passive telecommunications.

Article 38. Violations of provisions on the common use of technical infrastructure

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Illegally obstructing the installation of telecommunications cables along roads, streets, sidewalks, bridges, and other traffic routes;

b) Illegally obstructing the installation of telecommunications cables on utility poles in areas where it is not possible to lay them underground or construct separate cable suspension poles;

c) Illegally obstructing the installation of telecommunications cables and equipment in underground public works, underground transportation works, underground key technical works, underground parts of ground-level construction works, underground power lines, cable, pipeline technical works, trenches, and technical tunnels.

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

a) The investor of technical infrastructure does not design or construct technical infrastructure allowing shared use for installing telecommunications cables and equipment in accordance with the approved passive telecommunications infrastructure plan;

b) The rental price for technical infrastructure for public use to install telecommunications cables and equipment is not based on cost.

3. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for failing to comply with regulations on the common use of passive telecommunications technical infrastructure.

4. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed for failing to implement regulations on the common use of passive telecommunications technical infrastructure.

PART 9

VIOLATIONS OF PROVISIONS ON SAFEGUARDING THE SECURITY OF TELECOMMUNICATION INFRASTRUCTURE AND INFORMATION SECURITY

Article 39. Violations of provisions on disclosure of private information content

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of illegally disclosing the private information content of telecommunications service users.

2. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of buying, selling, or illegally exchanging private information of telecommunications service users.

3. Measures to remedy consequences:

Order the recovery of profits gained from violations under paragraph 2 of this Article.

Article 40. Violations of provisions on transmitting information over telecommunications networks

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of taking advantage of telecommunications activities to commit one of the following acts:

a) Inciting superstitious beliefs and customs that undermine national traditions and customs;

b) Threatening, harassing, insulting, defaming, slandering the reputation of organizations, or the dignity, personality, and reputation of individuals;

c) Advertising or promoting goods or services prohibited by law.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of stealing, eavesdropping on information on telecommunications networks; stealing and using illegally passwords, encryption keys, or private information of organizations or individuals; illegally preventing access to information of organizations or individuals.

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Taking advantage of telecommunications activities to incite violence, obscenity, immorality, crime, social evils, superstitions;

b) Sending, disseminating spam messages;

c) Providing services with fortune-telling, superstitious, or gambling-related information; information containing gambling content or to serve gambling purposes.

4. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for the act of taking advantage of telecommunications activities to oppose the Socialist Republic of Vietnam; endangering national security, public order, and safety; undermining national unity; spreading propaganda for war of aggression, hatred, and conflicts among ethnic groups, religions without reaching the level of criminal prosecution.

5. Measures to remedy consequences:

a) Order the cessation of use of services or provision of services for violations stipulated in paragraphs 1, 2, 3, and 4 of this Article.

b) Order the recovery of profits gained from violations under paragraph 3 of this Article.

c) Order the cancellation of telephone numbers or blocks of numbers for violations stipulated in paragraph 3 of this Article.

Article 41. Penalties for violations concerning the safeguarding of telecommunications infrastructure security and information security

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of damaging optical cables, copper cables, antennas, or equipment of the transmission, switching system, and other telecommunications devices within the loop network.

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

a) Damaging optical cables, antennas, or equipment of the transmission, switching system, and other telecommunications devices of domestic long-distance public telecommunications networks, international public telecommunications networks, public fixed satellite telecommunications networks, public mobile satellite telecommunications networks, public maritime radio communications networks;

b) Illegally accessing public telecommunications networks, dedicated telecommunications networks, specialized telecommunications networks, or other telecommunications subscriber lines.

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

a) Damaging optical cables, antennas, or equipment of the transmission, switching system, and other telecommunications devices of the national telecommunications trunk network;

b) Delaying or failing to comply with decisions to mobilize part or all of telecommunications infrastructure, public telecommunications networks, dedicated telecommunications networks for serving security and defense tasks in emergency situations as prescribed by law without reaching the level of criminal prosecution;

c) Destroying databases, software, hardware, or equipment of telecommunications networks without reaching the level of criminal prosecution;

d) Failing to comply with regulations on safeguarding telecommunications infrastructure security or information security;

đ) Failing to implement measures to ensure the security of telecommunications infrastructure and information security;

e) Destroying, damaging, or ruining telecommunications facilities or using telecommunications networks, equipment, hardware, or software to cause interference or disruption to telecommunications infrastructure operations;

g) Failing to develop plans and apply measures to ensure the security of telecommunications infrastructure and information security as prescribed;

h) Failing to establish procedures and regulations to coordinate with police, military, and self-defense forces to ensure the security of telecommunications infrastructure and information security;

i) Failing to invest in and install systems to serve information security work at the enterprise side as prescribed;

k) Failing to allocate land, network access points, gateways, and technical conditions necessary for information security tasks as required by the Ministry of Information and Communications;

l) Failing to immediately terminate the provision or use of services in cases where telecommunications networks or services are used or exploited to engage in activities that infringe upon national security or public order and safety.

4. Additional forms of administrative punishment:

Revoke the license indefinitely for violations stipulated in point b of paragraph 3 of this Article.

5. Measures to remedy consequences:

Order restoration to the original condition before the administrative violation occurred for violations stipulated in paragraph 1; point a of paragraph 2; points a, c, e of paragraph 3 of this Article.

PART 10

VIOLATIONS OF REGULATIONS ON DISPUTES AND COMPLAINTS; REPORTING SYSTEM; FAILURE TO COMPLY WITH INSPECTION AND AUDIT BY COMPETENT STATE AUTHORITIES

Article 42. Violations of regulations on dispute resolution and complaints handling

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

a) Not publicly posting the complaint resolution process related to telecommunications services at transaction points;

b) Resolving complaints related to telecommunications services not in accordance with prescribed time limits.

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

a) Not resolving customer complaints in accordance with the provisions of the law;

b) Not issuing a complaint resolution process related to telecommunications services.

3. A fine of from VND 10,000,000 to VND 20,000,000 for the act of not considering and resolving complaints or not reporting the results of complaint resolution as required by competent state management authorities.

Article 43. Violations of regulations on the reporting system

1. A fine of from VND 1,000,000 to VND 2,000,000 for the act of late reporting up to 15 days as prescribed or as required by competent state authorities.

2. A fine of from VND 2,000,000 to VND 5,000,000 for the act of incomplete reporting as prescribed or as required by competent state authorities.

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

a) Not implementing the reporting system or reporting late more than 15 days as prescribed or as required by competent state authorities;

b) Reporting inaccurately as prescribed or as required by competent state authorities;

c) Not providing online access to the content and data of reports to information retrieval devices as required by competent state authorities.

Article 44. Acts obstructing or opposing state officials in performing inspection and audit duties

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

a) Not providing or providing insufficiently complete relevant documents, papers, and certificates as requested by authorized inspectors and auditors;

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

c) Concealing case files, evidence, means, and equipment that violate regulations.

2. A fine of from VND 2,000,000 to VND 5,000,000 for acts obstructing state officials in performing inspection and audit duties while on duty.

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

a) Disposing of evidence under investigation or temporarily seized;

b) Unauthorized removal of seals on evidence under seal or temporarily seized;

c) Creating or falsifying case files, documents, and data for reporting as requested.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Delaying or evading execution of inspection decisions;

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

5. Additional forms of punishment:

Revocation of license usage rights for one to three months for violations stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

Compulsory recovery of disposed-of evidence for violations stipulated in point a of Clause 3 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 45. Competent authority to impose administrative penalties for specialized telecommunications inspections

1. Telecommunications inspection officers, persons assigned to perform specialized telecommunications inspections while on duty have the authority:

a) To issue warnings;

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

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) To apply measures to remedy consequences as provided for in points a and c of Clause 3, Article 4 of this Decree;

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

2. Heads of Telecommunications Inspection Departments, heads of agencies assigned to perform specialized telecommunications inspection functions have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses and professional certificates;

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

đ) To apply measures to remedy consequences as provided for in points a, c, d, đ, e of Clause 3, Article 4 of this Decree;

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

3. Heads of Telecommunications Ministry Inspection Departments have the authority:

a) To issue warnings;

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

c) Revoke the right to use licenses within their authority;

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

đ) To apply measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree;

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

4. Telecommunications inspection officers, persons assigned to perform specialized telecommunications inspections, Heads of Telecommunications Inspection Departments, heads of agencies assigned to perform specialized telecommunications inspection functions, Heads of Telecommunications Ministry Inspection Departments have the authority to impose administrative penalties for telecommunications offenses, fees, and telecommunications operation fees.

Article 46. Competence to impose penalties of other specialized inspection agencies

Within the scope of state management authority prescribed by the Government, inspectors and heads of other specialized inspection agencies have the competence to impose penalties on administrative violations in the telecommunications sector within their respective areas of state management.

Article 47. Competence to impose penalties of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the authority to impose penalties according to the competences prescribed in Clauses 4, 5 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008 and Article 30 of the Ordinance on Handling Administrative Violations 2002 within the territorial jurisdiction under their management for administrative violations related to telecommunications as stipulated in this Decree.

Article 48. Competence to impose penalties of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Administration, Market Management Agencies, Competition Management Agencies

The People's Public Security, Border Guard, Coast Guard, Customs, Tax Administration, Competition Management Agencies, Market Management Agencies have the authority to impose penalties according to the competences prescribed in Clauses 6, 7, 8, 9, 11 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008 and Article 37 of the Ordinance on Handling Administrative Violations 2002 for administrative violations related to telecommunications directly under their management as stipulated in this Decree.

Article 49. Delimitation of Competence to Impose Penalties for Administrative Violations

1. In cases where an administrative violation falls within the competence to impose penalties of several persons, the penalty shall be imposed by the first person to take charge of the case.

2. The competence to impose penalties of those persons prescribed in Articles 45, 46, 47, and 48 of this Decree applies to each individual 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 violation.

3. In cases where a person commits multiple administrative violations and is subject to penalties, the competence to impose penalties is determined according to the principle prescribed in Point 3, Clause 17 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008.

Article 50. Procedures for Imposing Penalties for Administrative Violations and Enforcing Penalty Decisions

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

2. The application of coercive measures to enforce decisions on penalties for administrative violations is carried out in accordance with Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government detailing the procedures for applying coercive measures to enforce decisions on penalties for administrative violations and Clause 27 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008.

3. All cases of administrative violations that are subject to penalties must be recorded in files and kept complete at the penalizing agency for the period prescribed by law.

Article 51. Models of minutes and decisions to be used in administrative penalties in the telecommunications sector

Attached to this Decree are the Appendices containing models of minutes and decisions to be used in administrative penalties in the telecommunications sector.

Chapter IV

IMPLEMENTING PROVISIONS

Article 52. Effective date

This Decree takes effect from December 1, 2011, and abolishes Section 2, Section 4, Section 5, and Section 6 of Chapter II of Decree No. 142/2004/NĐ-CP dated July 8, 2004 on administrative penalties for postal services, telecommunications, and radio frequency management, and Decree No. 50/2009/NĐ-CP dated May 25, 2009 supplementing Point 12a of Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal services, telecommunications, and radio frequency management.

Article 53. Implementation Responsibility

The Minister of Information and Communications, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.