VietnameseDecree No. 79/CP dated June 19, 1997 of the Government on sanctions against administra-tive violations in the domain of state management over post, telecommunications and radio frequencies
ATTRIBUTE
Decree No. 79/CP dated June 19, 1997 of the Government on sanctions against administra-tive violations in the domain of state management over post, telecommunications and radio frequencies
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 79/CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/06/1997 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation |
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THE GOVERNMENT ----- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------- |
No. 79/CP | Hanoi, June 19, 1997 |
DECREE
ON SANCTIONS AGAINST ADMINISTRA-TIVE VIOLATIONS IN THE DOMAIN OF STATE MANAGEMENT OVER POST, TELECOMMUNICATIONS AND RADIO FREQUENCIES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
At the proposal of the Director General of the General Department of Post and Telecommunications,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation:
1. Administrative violations in the domain of State management of post, telecommunications and radio frequencies (hereafter referred to as administrative violations regarding post, telecommunications and radio frequencies) are acts of intentionally or unintentionally violating the regulations on the State management of the post, telecommunications and radio frequencies by organizations and/or individuals, not seriously enough to be examined for penal liability but liable to administrative sanctions as prescribed by law.
2. Administrative violations regarding post, telecommunications and radio frequencies stipulated in this Decree include:
a/ Violations in the establishment and ensuring of the safety and smooth operation of postal networks; the provision and use of postal services; the issue, circulation, use, export and import of postage stamps;
b/ Violations in the establishment and ensuring of the safety and smooth operation of telecommunications networks; the provision and use of telecommunications services;
c/ Violations in the management and use of radio spectrum and radio wave transmitters;
d/ Violations regarding rates, charges and fees of post, telecommunications and radio frequencies;
e/ Violations regarding technological standards and network equipment; installation, inspection and regulation of equipment; and construction of specialized post and telecommunications projects.
Article 2.- Objects of application:
1. All organizations and/or individuals committing acts of administrative violation regarding post, telecommunications and radio frequencies shall be sanctioned in accordance with the provisions of this Decree and the relevant provisions of law on sanctions against administrative violations.
Foreign organizations and/or individuals committing acts of administrative violation regarding post, telecommunications and radio frequencies on the territory, exclusive economic zones or the continental shelf of Vietnam shall be sanctioned like Vietnamese organizations and/or individuals, except otherwise provided for by the international treaties which Vietnam has signed or acceded to.
2. The sanctioning of administrative violations committed by adolescents regarding post, telecommunications and radio frequencies shall comply with the provisions in Point a, Item 1, Article 5 and Article 6 of the Ordinance on the Handling of Administrative Violations.
Article 3.- Sanctioning principles:
1. Sanctions against administrative violations regarding post, telecommunications and radio frequencies shall be imposed by competent persons defined in Articles 23, 24 and 25 of this Decree and in accordance with the provisions of law.
2. Administrative violations regarding post, telecommunications and radio frequencies must be discovered promptly and stopped immediately. The sanctions must be ordered quickly and fairly. All consequences of the administrative violations must be quickly overcome as prescribed by law.
Organizations and/or individuals committing administrative violations regarding post, telecommunications and radio frequencies, that cause material losses shall have to pay compensation as prescribed by law. For a loss of up to 1,000,000 VND which cannot be settled by the two parties themselves, the person competent to sanction shall decide the level of compensation; losses of over 1,000,000 VND shall be settled according to the civil law procedures.
3. An administrative violation regarding post, telecommunications and radio frequencies shall be sanctioned only once. A person committing many administrative violations regarding post, telecommunications and radio frequencies shall be sanctioned for each violation. Many persons committing an administrative violation regarding post, telecommunications and radio frequencies shall be all sanctioned.
4. Sanctions against administrative violations regarding post, telecommunications and radio frequencies must be based on the nature and seriousness of the violations and personal record of the offender(s); and on extenuating and aggravating factors stipulated in Articles 7 and 8 of the Ordinance on the Handling of Administrative Violations in order to decide the suitable forms, measures and levels of sanction.
5. Administrative sanctions shall not be imposed in cases of emergency, legitimate self-defense, unforeseeable events or when a violation is committed by a person suffering from mental trouble or other diseases that make him/her unable to be aware of or control his/her acts.
6. The transfer of violations with criminal factors to administrative sanctions is strictly forbidden.
Article 4.- Statute of limitations for sanction:
1. The statute of limitations for sanction against an administrative violation regarding post, telecommunications and radio frequency is one year from the date the administrative violation is committed, except for cases prescribed in Items 2 and 3 of this Article.
2. For an administrative violation regarding rates, charges and fees of post, telecommunications and radio frequencies; the construction of specialized post and telecommunications projects; the installation, inspection and regulation of post and telecommunications equipment; export and import of postage stamps; or production of fake postage stamps, the statute of limitations for sanction shall be two years from the date the violation is committed.
3. With regard to an individual who is litigated, prosecuted or subject to a court decision to bring his/her case to trial according to the criminal procedures, if there is a decision to suspend the investigation or trial, he/she shall be sanctioned administratively, provided that his/her act shows signs of an administrative violation; the statute of limitations for sanction against the administrative violation in this case shall be 3 months from the date when the decision on suspension is issued.
4. Past the time-limits mentioned in Items 1 and 2 of this Article, administrative sanction shall not be imposed but measures prescribed in Points a, b and d, Item 3, Article 5 of this Decree may apply.
5. Within the time-limits prescribed in Items 1, 2 and 3 of this Article if the sanctioned organization and/or individual commits a new administrative violation or deliberately evades or obstructs the sanction, the statute of limitations for sanction shall be counted from the time the new violation is committed or when the act of evading or obstructing the sanction stops.
Article 5.- Forms of sanction:
1. For each administrative violation, the violating organization and/or individual shall be subject to one of the following forms of main sanction:
a/ Warning;
b/ Fine.
2. Depending on the nature and seriousness of the violation, the individual and/or organization committing an administrative violation shall be subject to one or more forms of additional sanction:
a/ Revocation of the right to use the permit;
b/ Confiscation of material evidences and means used for the administrative violation.
3. In addition to the above-said main sanction and additional sanction, the violating individual and/or organization may also be subject to one or more than one of the following measures:
a/ Forcible restoration of the original state that has been altered due to the administrative violation or forcible dismantlement of the illegally built structures;
b/ Forcible implementation of measures to overcome pollution of the living environment and the spread of epidemics caused by the administrative violation;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by the administrative violation;
d/ Forcible destruction of objects harmful to the peoples health and noxious cultural products.
4. The main sanction and additional sanction and measures applicable to each act of administrative violation regarding post, telecommunications and radio frequencies are detailed in Chapter II of this Decree.
Additional sanctions and measures shall be applied only together with main sanction, except when it is necessary to apply measures stipulated in Points a, b and d, Item 3 of this Article and when the statute of limitations for sanction has expired.
5. When a fine is applied, the concrete amount of fine for administrative violation regarding post, telecommunications and radio frequencies shall be the average in the fine bracket corresponding to such act as defined in this Decree; if the violation involves extenuating factors, the amount of fine may be reduced but must not be lower than the minimum in the fine bracket; if the violation involves aggravating factors, the amount of fine may be increased but must not exceed the maximum in the fine bracket.
Chapter II
VIOLATIONS REGARDING POST, TELECOMMUNICATIONS AND RADIO FREQUENCY; FORMS AND LEVELS OF SANCTION
Section I: VIOLATIONS IN THE ESTABLISHMENT OF POSTAL NETWORKS AND THE ASSURANCE OF ITS SAFETY AND SMOOTH OPERATION; PROVISION AND USE OF POSTAL SERVICES; EXPORT AND IMPORT OF POSTAGE STAMPS; FORMS AND LEVELS OF SANCTION
Article 6.- Sanctions against violations in the establishment of postal networks:
1. Warning or a fine of 50,000 VND to 200,000 VND for failing to fill the procedures for renewing the permit for the establishment of postal networks when the permit is lost or damaged.
2. A fine of 500,000 VND to 2,000,000 VND for using specialized postal transport means to carry goods or people in contravention of the regulations of the competent State agency or using other specialized postal equipment not in line with the prescribed purpose.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Setting up postal networks not prescribed in the permit;
b/ Closing, opening inter-provincial and international mailing lines, including the closing or opening of external post offices and customs control post stations without decision by the competent State agency;
c/ Amending, tampering with the permit for the establishment of postal network(s);
d/ Using an expired permit to establish postal network(s).
4. A fine of 20,000,000 VND to 30,000,000 VND for setting up postal networks without permit from the competent State agency.
5. Additional sanctions against violations defined in this Article:
Confiscation of material evidences and means used to commit administrative violations described in Item 4.
Article 7.- Sanctions against violations in ensuring the safety and smooth operation of post networks:
1. Warning or a fine of 50,000 VND to 200,000 VND for one of the following acts:
a/ Moving, changing the position of installed post boxes or damaging, making them useless;
b/ Failing to post or improperly posting notices on the opening time at the post offices and service locations;
c/ Failing to open or opening not according to the prescribed time the post offices and service places.
2. A fine of 500,000 VND to 2,000,000 VND for one of the following acts:
a/ Failing to properly use the date seal of the post office, seals of post-bags, mails and parcels as prescribed;
b/ Illegally retaining, damaging others mails (except letters) and parcels.
3. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:
a/ Illegally inspecting mails or parcels during the transportation;
b/ Damaging or losing mails, parcels or press during transportation;
c/ Using a fake date seal, fake seals of post-bags, mails and parcels of post offices.
4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Delaying, refusing or committing other acts to evade the implementation of decision issued by the competent State agency on the mobilization of means and equipment to ensure the transport of documents and official dispatches to serve communication needs in urgent situation but not seriously enough to be examined for penal liability;
b/ Obstructing, blocking the mail business and the transport of mails and parcels.
5. A fine of 20,000,000 VND to 50,000,000 VND for failing to abide by the regulations on the protection of special post-bags or confidential State documents sent by mail.
6. Additional sanctions and measures applicable to violations defined in this Article:
a/ Confiscation of material evidences and means used to commit administrative violations described in Point a, Item 1; and Point c, Item 3;
b/ Forcible restoration of the original state which has been altered due to administrative violations described in Point a, Item 1; and Point a, Item 3;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by violations described in Point a, Item 1; Point b, Item 2; and Point a, Item 3 if the parties fail to reach an agreement thereon.
Article 8.- Sanctions against violations in the provision and use of postal services:
1. Warning or a fine of 50,000 VND to 200,000 VND for failing to make declaration to fill the permit re-issue procedures if the permit for postal services provision and use is lost or damaged.
2. A fine of 300,000 VND to 1,000,000 VND for one of the following acts:
a/ Using postal services to threaten, disturb or hurt the dignity and honor of other persons but not seriously enough to be examined for penal liability;
b/ Adding, changing objects or goods in mails or parcels after the completion of receiving procedures;
c/ Declaring the contents of mails or parcels not in accordance with the inventory;
d/ Obstructing or illegally refusing the provision of postal services;
e/ Illegally leasing, lending or sharing with others the subscribed P.O. box;
f/ Sending or accepting in mails or parcels unhygienic objects or goods that cause environmental pollution.
3. A fine of 1,000,000 VND to 3,000,000 VND for sending or accepting mails or in parcels sent abroad objects or goods which are banned by foreign countries that have established postal relations with Vietnam.
4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Providing postal services not prescribed in the permit granted by the competent State agency;
b/ Acting as agents for foreign organizations to provide postal services for business purpose in contravention of prescriptions in the permit granted by the competent State agency;
c/ Opening or closing postal services at home and abroad not in accordance with the regulations of the competent State agency;
d/ Amending, tampering with business licenses for the provision of postal services;
e/ Sending or accepting in mails or parcels sent abroad objects or goods which are on the list of objects and goods subject to conditional dispatch without meeting the requirements set by the competent State agency.
5. A fine of 10,000,000 VND to 20,000,000 VND for one of the following acts:
a/ Providing postal services without permission from the competent State agency;
b/ Acting as agents for foreign organizations to provide postal services for business purpose without permission from the competent State agency;
c/ Closing or opening postal services at home and with foreign countries without decision of the competent State agency;
d/ Using an expired business license for the provision of postal services;
e/ Leasing, lending or hiring or borrowing the business license for the provision of postal services;
f/ Providing services in delivering letters abroad or from overseas into Vietnam without permission from the competent State agency;
g/ Sending or accepting in parcels objects or goods that are banned from circulation by the State of Vietnam.
6. A fine of 50,000,000 VND to 100,000,000 VND for sending or agreeing to send imflammable, explosives or objects harmful to the peoples health or likely to spread epidemics.
7. Forms of additional sanction and measures applicable to acts of violations described in this Article:
a/ Indefinite revocation of the right to use permit for violations described in Point e, Item 5;
b/ Confiscation of material evidences of the administrative violation described in Item 3; Item 4; Points a, b, c, d, e and g, Item 5; and Item 6;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by the violation described in Point f, Item 2; Point e, Item 4, if the involved parties fail to reach an agreement thereon;
d/ Forcible application of measures to overcome the pollution of the living environment and the spread of epidemics caused by the administrative violations prescribed in Point f, Item 2; Point e, Item 4; and Item 6.
e/ Forcible destruction of objects that are unhygienic and cause environmental pollution and spread of epidemics due to violations described in Point f, Item 2; Point e, Item 4; and Item 6.
Article 9.- Sanctions against violations of confidentiality of mails and parcels:
1. Warning or a fine of 50,000 VND to 200,000 VND for unintentionally disclosing names and addresses of the post users.
2. A fine of 500,000 VND to 2,000,000 VND for one of the following acts:
a/ Opening others mails (except letters) or parcels not in accordance with the provisions of law;
b/ Intentionally disclosing contents of mails (except letters), parcels or names and addresses of the post users.
Article 10.- Sanctions against violations in the management and use of postage stamps:
1. Warning or a fine of 50,000 VND to 200,000 VND for one of the following acts:
a/ Failing to use postage stamps as prescribed by law;
b/ Failing to sell postage stamps at the prices affixed thereon.
2. A fine of 200,000 VND to 500,000 VND for circulating postage stamps without notice of publication or postage stamps subject to withdrawal from circulation by decision of the competent State agency.
3. A fine of 5,000,000 VND to 10,000,000 VND for exporting or importing postage stamps in contravention of the provisions in the permit granted by the competent State agency.
4. A fine of 20,000,000 VND to 30,000,000 VND for one of the following acts:
a/ Making or trading fake postage stamps but not seriously enough to be examined for penal liability;
b/ Exporting or importing postage stamps without permission from the competent State agency.
5. Additional sanction applicable to violations described in this Article:
Confiscation of material evidences and means used to commit administrative violations described in Item 2, Item 3 and Item 4.
Section 2: ADMINISTRATIVE VIOLATIONS IN THE ESTABLISHMENT, ENSURING THE SAFETY AND SMOOTH OPERATION OF TELECOMMUNICATIONS NETWORKS;
THE PROVISION AND USE OF TELECOMMUNICATIONS SERVICES; FORMS AND LEVELS OF SANCTION
THE PROVISION AND USE OF TELECOMMUNICATIONS SERVICES; FORMS AND LEVELS OF SANCTION
Article 11.- Sanctions against violations in the establishment of telecommunications networks:
1. Warning or a fine of 50,000 VND to 200,000 VND for failing to fill the procedures for re-issue of the permit for establishing telecommunications networks, which has been lost or damaged.
2. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:
a/ Establishing specialized telecommunications networks not in accordance with the prescription in the permit granted by the competent State agency;
b/ Expanding the telecommunications networks not in accordance with the prescription in the permit granted by the competent State agency.
3. A fine of 10,000,000 VND to 20,000,000 VND for one of the following acts:
a/ Establishing a public telecommunications network not in accordance with the prescription in the permit granted by the competent State agency;
b/ Establishing ground stations or using communications equipment via satellites not provided for in the permit granted by the competent State agency;
c/ Connecting computers or computer networks to the Internet not in line with the prescription in the permit granted by the competent State agency;
d/ Establishing specialized telecommunications networks without permit from the competent State agency;
e/ Directly linking two specialized telecommunications networks without permission from the competent State agency;
f/ Closing or opening inter provincial and international telecommunications lines, including the provision of computerized information through the public telecommunications networks; closing or opening coastal communications stations without permission from the competent State agency;
g/ Correcting or otherwise tampering with the permit;
h/ Using an expired permit.
4. A fine of 20,000,000 VND to 50,000,000 VND for one of the following acts:
a/ Establishing a public telecommunications network without permit granted by the competent State agency;
b/ Establishing ground stations or using the system of communications equipment via satellite without permission from the competent State agency;
c/ Connecting computer terminals, computer networks to the Internet without permission from the competent State agency;
d/ Leasing, lending or hiring, borrowing the permit.
5. Additional sanctions and measures applicable to acts of violations described in this Article:
a/ Revocation of the right to use permit for 1 to 3 months for violations described in Point a, Item 2; 3 to 6 months for violations described in Points b, c, e and g, Item 3; and indefinite revocation of the right to use permit for violations described in Point d, Item 4;
b/ Confiscation of material evidences of administrative violations described in Points d, g and h, Item 3; and Item 4;
c/ Forcible restoration of the original state that has been altered by the administrative violations described in Points e and f, Item 3.
Article 12.- Sanctions against violations in ensuring the safety and smooth operation of telecommunications networks:
1. A fine of 500,000 VND to 2,000,000 VND for damaging wires, antennae or equipment of the transmission or switchboard systems, and other telecommunications equipment of the intra-district network.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Surreptitiously receiving or monitoring telecommunications signals;
b/ Failing to comply with the hook-up regulations when connecting specialized telecommunications networks to the public telecommunications network;
c/ Connecting to the public telecommunications network specialized telecommunications networks which are not compatible with the public telecommunications network in terms of technical standards of their equipment;
d/ Damaging wires, antennae or equipment of the transmission and switchboard systems, and other telecommunications equipment of the intra-provincial networks;
e/ Using telecommunications, electronic, informatic or other equipment to illegally access the public or specialized telecommunications network or other subscribed telecommunications channels.
3. A fine of 20,000,000 VND to 50,000,000 VND for one of the following acts:
a/ Damaging wires, antennae or equipment of the transmission and switchboard systems and other equipment of telecommunications networks belonging to the national trunk telecommunications system (the inter-provincial and international transmission and switchboard systems);
b/ Delaying, refusing or committing other acts to evade the execution of a decision issued by the competent State agency on the employment of the public and specialized telecommunications networks to meet the urgent information requirements, but not seriously enough to be examined for penal liability.
4. Additional sanctions and measures applicable to acts of violation prescribed in this Article:
a/ Confiscation of material evidences and means used to commit administrative violations described in Item 1; Points a, d and e, Item 2; Point a, Item 3;
b/ Forcible restoration of the original state that has been altered by the administrative violation; forcible dismantlement of the illegally built structures for violations described in Item 1; Point d, Item 2; Point a, Item 3;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by violations described in Item 1; Points a, d and e, Item2; and Point a, Item 3, if the parties fail to reach an agreement thereon.
Article 13.- Sanctions against violations in the provision and use of telecommunications services:
1. Warning or a fine of 50,000 VND to 200,000 VND for act of failing to make a declaration to fill the procedures for the re-issue of the permit for the provision of telecommunications services, which is lost or damaged.
2. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:
a/ The telecommunications subscriber uses the subscribed equipment to provide telecommunication services for business purpose;
b/ Using coded languages in telegraphs without registration and without permission from the competent State agency;
c/ Using telecommunications services to threaten, disturb or hurt the others honor and dignity but not seriously enough to be examined for penal liability.
3. A fine of 10,000,000 VND to 20,000,000 VND for one of the following acts:
a/ Using equipment of the specialized telecommunications network to provide telecommunications services for business purpose;
b/ Providing telecommunications services in contravention of the provisions of the permit granted by the competent State agency;
c/ Acting as agent dealer for foreign organizations to provide telecommunications services for business purpose in contravention of the prescriptions in the permit granted by the competent State agency;
d/ Closing or opening telecommunications services at home and with foreign countries in contravention of regulations by the competent State agency;
e/ Ceasing or halting the provision of telecommunications services without prior notice to service users;
f/ Correcting and otherwise tampering with the business license for the provision of telecommunications services;
g/ Using an expired business license for the provision of telecommunication services.
4. A fine of 20,000,000 VND to 50,000,000 VND for one of the following acts:
a/ Providing telecommunications services without permission from the competent State agency;
b/ Acting as agent dealer for foreign organizations to provide telecommunications services for business purpose without permission from the competent State agency;
c/ Closing or opening telecommunications services at home and with foreign countries without decision of the competent State agency;
d/ Leasing and lending or hiring and borrowing the business license for the provision of telecommunications services;
e/ Failing to abide by the regulations on protecting State secrets in the use and provision of telecommunications services, but not seriously enough to be examined for penal liability;
f/ Appropriating, canceling, replacing, disclosing information of other people.
5. A fine of 50,000,000 VND to 100,000,000 VND for providing or using telecommunications services prohibited in Vietnam.
6. Additional sanctions and measures applicable to acts of violation prescribed in this Article:
a/ Revocation of the right to use permit for 1 to 3 months for violations described in Points a and c, Item 3; indefinite revocation of the right to use permit for violations described in Point d, Item 4;
b/ Confiscation of material evidences and means used to commit administrative violations described in Point a, Item 2; Points a, b, c, d, f and g, Item 3; Point a, b, c and d, Item 4; and Item 5;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by the violations described in Point c, Item 2; and Point f, Item 4, if the involved parties fail to reach an agreement thereon.
Section 3. ADMINISTRATIVE VIOLATIONS IN THE MANAGEMENT AND USE OF BAND SPECTRUM AND RADIO TRANSMITTERS; FORMS AND LEVELS OF SANCTION
Article 14.- Sanctions against violations in the use of radio transmitters and radio frequencies:
1. Warning or a fine of 50,000 VND to 200,000 VND on each radio transmitter for one of the following acts:
a/ Failing to make declaration to fill the procedures for re-issue of the permit which has been lost or damaged;
b/ Failing to keep the permit at the radio station;
c/ Failing to announce the temporary cessation of operation or the termination of operation of the radio transmitter two months in advance though the permit is still valid.
2. A fine of 300,000 VND to 1,000,000 VND on each radio transmitter for one of the following acts:
a/ Using an expired permit;
b/ Locating the broadcasting station at a place in the province outside the prescribed place;
c/ Wrongly using communications convention: Call back, communication time, specifications of antennae, broadcasting mode and communication purpose;
d/ Failing to make declaration and registration with the competent State agency on the change of the radio transmitter;
e/ Failing to make declaration to fill procedures for the changes in the permit when renaming the agencies, organizations and/or individuals that use the radio transmitter.
3. A fine of 500,000 VND to 2,000,000 VND on each radio transmitter and a radio frequency for one of the following acts:
a/ Locating the broadcasting station outside the province in contravention of prescription;
b/ Using an unprescribed transmission frequency;
c/ Exceeding the permitted transmission capacity;
d/ Communicating with other stations not provided for in the permit;
e/ Tampering with the permit and professional certificate;
f/ Using persons who do not have the prescribed standards or professional certificates granted by the competent agency to operate the radio transmitter;
g/ Leasing and lending or hiring and borrowing the permit;
h/ Changing a fixed radio transmitter into a mobile one without permission from the competent State agency;
i/ Using radio frequency and transmitter with capacity of up to 50W without a permit granted by the competent State agency.
4. A fine of 2,000,000 VND to 5,000,000 VND on each radio transmitter and frequency for one of the following acts:
a/ Using radio frequency and transmitter with capacity of over 50W up to 150W without permission from the competent State agency;
b/ Using radio frequency and transmitter when the competent State agency has ordered the suspension or termination of the operation of radio transmitters;
c/ Illegally reserving or storing radio transmitter(s);
d/ Failing to immediately declare with the competent State agency when a radio transmitter is lost.
5. A fine of 5,000,000 VND to 10,000,000 VND on each radio frequency for using for wrong purpose or unauthorized use of frequencies for watch duty, rescue, salvage, safety notice, international and national standard signals.
6. A fine of 10,000,000 VND to 20,000,000 VND on each radio transmitter or a radio frequency for using a radio frequency or transmitter with capacity of over 150W without permission from the competent State agency.
7. A fine of 20,000,000 VND to 50,000,000 VND for one of the following acts:
a/ Using shortwave communication equipment on foreign airplanes or vessels when an airplane has landed on Vietnamese airports or when a foreign vessel has moved into the inland waters of Vietnam;
b/ Failing to abide by the communication regulations of Vietnam when Vietnamese or foreign airplanes or vessels land on, move in and out of, or stay at airports or seaports of Vietnam.
8. A fine of 50,000,000 VND to 100,000,000 VND for failing to submit to the inspection and supervision by the competent State agency of the use of radio frequencies when the airplanes or vessels pass the territory, exclusive economic zone or continental self of Vietnam.
9. Additional sanctions and measures applicable to acts of violations defined in this Article:
a/ Revocation of the right to use permit for 1 to 3 months for violations described in Points a, b, c and d; indefinite revocation of the right to use permit for violations described in Point e, Item 2; Points g and h, Item 3;
b/ Confiscation of material evidences and means used to commit administrative violations described in Point a, Item 2; Points e and i, Item 3; Points a and b, Item 4; and Item 6;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by violations described in Points b and c, Item 2; Points a, b, c, d, h and i, Item 3; Points a and b, Item 4; Items 5, 6, 7 and 8, if the involved parties fail to reach an agreement thereon.
Article 15.- Sanctions against violations regarding harmful interferences:
1. Warning or a fine of 50,000 VND to 200,000 VND for failing to take measures against harmful interferences as prescribed by the competent State agency when using civil electronic equipment; equipment emitting electric sparks, electricity and electric arc used in the fields of industry, construction, communications and transport, health care, scientific research and other fields, thus constituting harmful interferences in:
a/ The public telecommunications networks;
b/ The specialized telecommunications networks;
c/ Other radio, television signal transmitting and broadcasting or radio receiving and/or transmitting establishments.
2. A fine of 2,000,000 VND to 5,000,000 VND for failing to use radio transmitting equipment as prescribed in the permit, and thus causing harmful interference to:
a/ The intra-district public telecommunications networks;
b/ The specialized telecommunications networks; other intra-district radio, television signal transmitting and broadcasting or radio receiving and/or transmitting establishments.
3. A fine of 10,000,000 VND to 20,000,000 VND for acts of using radio transmitting equipment not prescribed in the permit, thus causing harmful interference to:
a/ The intra-provincial public telecommunications networks;
b/ The specialized telecommunications networks; other intra-provincial radio or television signal transmitting and broadcasting or radio receiving and/or transmitting bases.
4. A fine of 20,000,000 VND to 50,000,000 VND for act of using radio transmitting equipment not prescribed in the permit, thus causing harmful interferences to:
a/ The national telecommunications backbone network (inter-provincial and international transmission and switchboard systems);
b/ The specialized telecommunications networks; national and international radio or television signal transmitting and broadcasting or radio receiving and/or transmitting establishments;
c/ Frequencies for direct watch-out, rescue, salvage, safety notice, national and international standard signals.
5. Forms of additional sanction and measures applicable to violations defined in this Article:
a/ Revocation of the right to use permit for 1 to 3 months for violations described in Item 2; 3 to 6 months for violations prescribed in Item 3; and indefinite revocation of the right to use permit for violations prescribed in Item 4;
b/ Forcible application of measures against interferences for violations prescribed in Item 1;
c/ Forcible compensation for damage of up to 1,000,000 VND caused by violations prescribed in Items 1, 2, 3 and 4, if the involved parties fail to reach an agreement thereon;
Article 16.- Sanctions against violations in the use of non-professional radio:
Non-professional radio users who commit acts of violation shall be sanctioned in accordance with the provisions of Articles 14 and 15 of this Decree.
Section 4. ADMINISTRATIVE VIOLATIONS REGARDING THE POST AND
TELECOMMUNICATIONS PRICES, FREIGHT AND CHARGES AND RADIO FREQUENCIES; FORMS AND LEVELS OF SANCTION
TELECOMMUNICATIONS PRICES, FREIGHT AND CHARGES AND RADIO FREQUENCIES; FORMS AND LEVELS OF SANCTION
Article 17.- Sanctions against violations regarding post and telecommunications prices, freight and charges:
1. Warning or a fine of 50,000 VND to 200,000 VND for act of not publicly posting or posting post and telecommunications charge, freight and service charge brackets not in accordance with the current regulations at post offices, service locations and agents providing post and telecommunications services at district or lower levels.
2. A fine of 500,000 VND to 2,000,000 VND for act of not publicly posting or posting post and telecommunications charge, freight and service charge brackets not in accordance with the current regulations at provincial or municipal post offices, border gates post offices; guest houses, restaurants and hotels where post and telecommunications services are provided.
3. A fine of 1,000,000 VND to 3,000,000 VND for act of collecting money from customers at a level not described in the current post and telecommunications price, freight and service charge brackets.
4. Additional sanction applicable to acts of violation prescribed in this Article:
Confiscation of material evidences of administrative violations with regard to violations stipulated in Item 3.
Article 18.- Sanctions against violations regarding radio frequency charges:
1. A fine of 1,000,000 VND to 3,000,000 VND for failing to pay charges for the use and protection of radio frequencies within the time-limit stated in the collection notice from the competent State agency.
2. Organizations and/or individuals that delay the payment of charges for the use and protection of radio frequencies shall not only be subject to the fine prescribed in Item 1 of this Article but also have to pay the interest on the deferred payment at the interest rates for overdue debts set by the State Bank, correspondingly to the duration of the delay from the time the payment is due to the time of payment.
Section 5. ADMINISTRATIVE VIOLATIONS REGARDING TECHNOLOGICAL CRITERIA OF THE NETWORK EQUIPMENT; INSTALLATION, INSPECTION AND ADJUSTMENT OF EQUIPMENT; CONSTRUCTION OF SPECIALIZED POST AND TELECOMMUNICATIONS PROJECTS; FORMS AND LEVELS OF SANCTION
Article 19.- Sanctions against violations of technological criteria of post and telecommunications network equipment:
1. A fine of 1,000,000 VND to 3,000,000 VND for putting into use on post and telecommunications networks equipment not yet expertised as prescribed.
2. A fine of 5,000,000 VND to 10,000,000 VND for acts of experimental installation of equipment into the public post and telecommunications networks without permission from the competent State agency.
3. Additional sanctions and measures applicable to violations described in this Article:
a/ Revocation of the right to use permit for 3 to 6 months for violations described in Item 1;
b/ Confiscation of material evidences of administrative violations described in Items 1 and 2;
c/ Forcible restoration of the original state that has been altered due to the administrative violations described in Items 1 and 2;
d/ Forcible compensation for damage of up to 1,000,000 VND caused by violations described in Items 1 and 2, if the involved parties fail to reach an agreement;
Article 20.- Sanctions against violations in the registration of quality of post and telecommunications equipment and materials:
1. Warning or a fine of 50,000 VND to 200,000 VND for failing to fill the procedures for re-issue of the registration certificate of the quality and types of post and telecommunications equipment and materials which have been lost or damaged.
2. A fine of 500,000 VND to 2,000,000 VND for using an expired registration certificate of the quality and type of post and telecommunications equipment and materials.
3. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:
a/ Failing to register the quality and type of products with regard to the production and installation of post and telecommunications equipment and materials that must be registered;
b/ Erasing the registration certificate of the quality and types of post and telecommunications equipment and materials;
c/ Putting into circulation equipment for the production and installation equipment and materials that fail to meet quality criteria prescribed in the quality registration certificate.
4. Additional sanctions against violations stipulated in this Article:
a/ Indefinite revocation of the right to use the quality and type registration certificate for violations stipulated in Points b and c, Item 3;
b/ Confiscation of material evidences of administrative violations with regard to violations stipulated in Items 2; Points b, Item 3.
Article 21.- Sanctions against violations regarding the quality of services:
1. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:
a/ Providing post and telecommunications services with quality lower than the registered level or lower than the required quality criteria;
b/ Failing to constantly ensure the required quality of services or reducing the services� quality without notifying the users thereof.
2. Measures applicable to acts of violation defined in this Article:
a/ Forcible restoration of the original state that has been altered due to administrative violations described in Item 1;
b/ Forcible compensation of up to 1,000,000 VND for damage caused by violations described in Item 1, if the involved parties fail to reach an agreement thereon.
Article 22.- Sanctions against violations in the installation, inspection, adjustment of equipment and construction of the specialized post and telecommunications projects:
1. A fine of 50,000 VND to 200,000 VND for failing to make declaration to fill the procedures for re-issue of the business license for installation, inspection and adjustment of post and telecommunications equipment; or the business license for the construction of the specialized post and telecommunications projects, which has been lost or damaged.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Failing to comply with Vietnamese criteria, specialized technical processes, regulations, norms and criteria in the construction and installation of post and telecommunications projects;
b/ Putting into operation, exploitation and use of post and telecommunications projects which have not been expertised according to Vietnamese criteria and specialized technical criteria;
c/ Conducting jobs not prescribed in the business license for the installation, inspection and adjustment of post and telecommunications equipment; or the business license for the construction of the specialized post and telecommunications projects.
3. A fine of 10,000,000 VND to 20,000,000 VND for one of the following acts:
a/ Installing, inspecting and adjusting post and telecommunications equipment or constructing specialized post and telecommunications projects without suitable business licenses from the competent State agency;
b/ Leasing and lending or hiring and borrowing the business license for the installation, inspection and readjustment of post and telecommunications equipment; or the license for the construction of specialized post and telecommunications projects.
c/ Erasing, amending the business license for the installation, inspection and adjustment of post and telecommunications equipment or the license for the construction of specialized post and telecommunications projects.
d/ Using an expired business license for the installation, inspection and adjustment of post and telecommunications equipment; or for the construction of specialized post and telecommunications projects.
4. A fine of 20,000,000 VND to 50,000,000 VND for building post and telecommunications projects which run through the territory, exclusive economic zones and continental shelf of Vietnam not in accordance with the provisions in the permit of the competent State agency.
5. A fine of 50,000,000 VND to 100,000,000 VND for building post and telecommunications projects which run through the territory, exclusive economic zones and continental shelf of Vietnam without permission from the competent State agency, but not seriously enough to be examined for penal liability.
6. Additional sanctions and measures applicable to violations defined in this Article:
a/ Revocation of the right to use the license for 3 to 6 months for violations described in Point c, Item 2; indefinite revocation of the right to use the permit and license for violations described in Points b and c, Item 3; and Item 4;
b/ Confiscation of material evidences and means used to commit administrative violations described in Points c, Item 3 and Item 5;
c/ Forcible restoration of the original state that has been altered by the administrative violations or forcible dismantlement of the illegally built structures for violations described in Point a, Item 2; Item 4; and Item 5.
Chapter III
COMPETENCE, PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Section 1. SANCTIONING COMPETENCE
Article 23.- Competence of the specialized post and telecommunications inspectors for sanctioning administrative violations:
The specialized post and telecommunications inspectors shall be entitled according to their competence, as prescribed in Article 34 of the Ordinance on the Handling of Administrative Violations, to impose sanctions on acts of administrative violation regarding post, telecommunications and radio frequencies as described in this Decree and the relevant legislation on sanctioning administrative violations.
Article 24.- Sanctioning competence of the Peoples Committees of various levels:
The Presidents of the Peoples Committees of different levels shall be entitled to impose sanctions according to their competence prescribed in Articles 26, 27 and 28 of the Ordinance on the Handling of Administrative Violations, within the geographical areas under their management, on acts of administrative violation regarding post, telecommunications and radio frequencies prescribed in this Decree.
Article 25.- Sanctioning competence of the police, customs, tax and market control agencies and other specialized inspection agencies:
The police, customs, tax, market control agencies and other specialized inspection agencies shall be entitled to impose sanctions according to the competence described in Articles 29, 30, 32, 33 and 34 of the Ordinance on the Handling of Administrative Violations, on acts of administrative violation regarding post, telecommunications and radio frequencies directly related to the fields of their management as defined in this Decree.
Article 26.- Determination of competence for sanctioning administrative violations:
1. Administrative violations regarding post, telecommunications and radio frequencies in the specialized post and telecommunications networks of the Ministry of Defense or the Ministry of the Interior shall be sanctioned by the Defense Inspectorate or competent agencies attached to the Ministry of the Interior.
2. If the sanctioning of an administrative violation falls under the competence of several agencies, it shall be implemented by the agency that receives the case first.
Section 2: SANCTIONING PROCEDURES
Article 27.- Procedures for the application of the forms of administrative sanction:
1. Upon detection of an administrative violation regarding post, telecommunications and radio frequencies, the person having sanctioning competence must order an immediate end to the administrative violation.
2. Where a warning is served against an administrative violation, the person having sanctioning competence shall have to issue an on-the-spot sanctioning decision according to the simple procedures described in Article 46 of the Ordinance on the Handling of Administrative Violations.
3. Where a fine is imposed on an administrative violation, the person having sanctioning competence shall have to promptly make a record of the violation in accordance with the provisions of Article 47 of the Ordinance on the Handling of Administrative Violations. If the record making person has not enough competence or has no competence to impose a sanction on the administrative violation, he/she shall have to promptly send the record and related dossiers to the competent level for the issue of the sanctioning decision.
Within 15 days after making the record on the administrative violation, the competent person shall have to issue a sanctioning decision according to his/her competence described in Article 48 of the Ordinance on the Handling of Administrative Violations. This time-limit may be extended but must not exceed 30 days.
4. The sanctioning decision shall take effect from the date of its signing, unless the effective date of the decision is stated clearly therein.
The sanctioning decision must be sent to the sanctioned organization and/or individual and the fine collecting agency within 3 days after its issue. A decision on the fine of 2,000,000 VND or more must be sent to the Peoples Procuracy of the same level.
5. An organization and/or individual subject to a fine shall have to pay it at the place stated in the sanctioning decision and shall be given a receipt thereof. The Ministry of Finance shall assume the main responsibility and coordinate with the General Department of Post and Telecommunications in deciding the collection and use of fines imposed on acts of administrative violation regarding post, telecommunications and radio frequencies.
6. The sanctioning person is strictly forbidden to directly collect fines.
Article 28.- Procedures for the revocation of the right to use permit:
1. The procedures for the revocation of the right to use different types of permits regarding post, telecommunications and radio frequencies shall comply with the provisions of Article 50 of the Ordinance on the Handling of Administrative Violations.
2. When detecting that a permit is granted ultra vires or includes contents contrary to the law, the person competent to sanction administrative violations regarding post, telecommunications and radio frequencies shall have to immediately withdraw it and at the same time notify the competent State agency thereof.
Article 29.- Procedures for the confiscation and handling of material evidences and means used to commit administrative violations:
1. When the form of confiscation of material evidences and means used to commit administrative violations is applied, the person having sanctioning competence shall have to make a record thereof in accordance with the provisions of Article 51 of the Ordinance on the Handling of Administrative Violations.
2. A decision on the confiscation of material evidences and means of administrative violations valued at 5,000,000 VND or more must be sent immediately to the Peoples Procuracy of the same level.
3. The handling of material evidences and means used to commit administrative violations shall comply with the provisions of Article 52 of the Ordinance on the Handling of Administrative Violations.
Article 30.- Execution of the sanctioning decision:
1. An administratively sanctioned organization and/or individual shall have to execute the sanctioning decision within 5 days after receiving it, except otherwise prescribed by law and stated clearly in the sanctioning decision. Past the above-said time-limit, if the sanctioned organization and/or individual still fails to execute the decision, the competent sanctioning person shall have the right to apply coercive measures for the execution.
2. The coercion and the application of coercive measures for the execution of decisions on sanctioning administrative violations shall comply with Article 31 of this Decree and the related provisions of law.
3. A decision to impose a sanctioning on an administrative violation shall cease to be effective after one year from the date of its issue; in case the sanctioned organization and/or individual intentionally evades or delays the execution, the statute of limitations shall be counted from the date when the act of evasion or delay stops.
Article 31.- Application of coercive measures for the execution of the sanctioning decision:
1. The coercive execution of decisions on sanctions against administrative violations shall be applied through the following measures:
a/ Deducting part of the salary or income or bank account;
b/ Inventorying assets equivalent to the value of the fine for auction;
c/ Other coercive measures for the execution of the sanctioning decision.
2. The person with sanctioning competence shall have the right to issue a decision on coercion and the task of organizing the implementation thereof.
3. The Peoples Police shall have to effect coercive decisions issued by the Peoples Committee of the same level and coordinate with the agencies competent to impose sanctions on administrative violations stipulated in this Decree in organizing the execution of such decisions issued by those agencies when requested.
4. An individual and/or organization under the coercive measures shall have to bear all costs of the application thereof.
Chapter IV
COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 32.- Provisions on the handling of violations:
1. A person competent to sanction administrative violations regarding post, telecommunications and radio frequencies, who commits acts of hasslement, connivance, cover-up, failing to impose sanction or imposing sanction not in time, improperly or untra vires, shall, depending on the nature and seriousness of the violation, be disciplined or examined for penal liability; compensation for damage, if any, must be paid as prescribed by law.
2. A person subject to sanction against an administrative violation regarding post, telecommunications and radio frequencies, who commits acts of obstructing or opposing persons on duty responsible for inspection and control, or intentionally delay or evades the execution of the sanctioning decision shall, depending on the nature and seriousness of the violation, be examined for penal liability or subject to administrative sanction in accordance with current provisions of law.
Article 33.- Complaints, denunciations and the settlement thereof:
1. Organizations and/or individuals subject to sanctions for administrative violations regarding post, telecommunications and radio frequencies or their lawful representatives shall have the right to protest against sanctioning decision of the competent person. Pending the settlement of the complaints by the competent agency, the sanctioned organizations and/or individuals shall still have to execute the sanctioning decision, except for cases of compulsory dismantlement of construction structures.
The procedures for lodging complaints and settling them shall comply with the provisions of Articles 87 and 88 of the Ordinance on the Handling of Administrative Violations and the Ordinance on the Procedures for the Settlement of Administrative Cases.
2. A citizen shall have the right to send to the competent State agency denunciations of administrative violations regarding post, telecommunications and radio frequencies in accordance with the provisions of law on complaints and denunciations.
3. A citizen shall have the right to send to the competent State agency denunciations of unlawful acts committed by the person competent to impose sanctions on administrative violations regarding post, telecommunications and radio frequency.
The settlement of the citizens denunciations shall comply with the provisions of Article 90 of the Ordinance on the Handling of Administrative Violations.
Chapter V
IMPLEMENTATION PROVISIONS
Article 34.- Effect of implementation:
This Decree takes effect 15 days from the date of its signing.
To annul the earlier provisions on sanctioning administrative violations in the domain of post, telecommunications and radio frequencies.
Article 35.- Responsibilities for organization of implementation:
The Director General of the General Department of Post and Telecommunications shall provide guidances for the implementation of this Decree.
The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the Peoples Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER DEPUTY PRIME MINISTER Phan Van Khai |
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