Tiếng Việt- 1 Law No. 49/2010/QH12 of June 17, 2010, on post
- 2 Ordinance No. 04/2008/PL-UBTVQH12 of April 02, 2008 amending and supplementing a number of articles of The Ordinance on handling of administrative violations
- 3 Ordinance No. 44/2002/PL-UBTVQH10 of July 02, 2002 on handling of administrative violations
- 4 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
| THE GOVERNMENT ---------- | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 58/2011/ND-CP | Hanoi, July 08, 2011 |
PRESCRIBING THE SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF POST
THE GOVERNMENT
Pursuant to the Law on the Government organization of December 25, 2001;
Pursuant to the Law on Post of June 28, 2010;
Pursuant to the Ordinance on Handling administrative violations Of July 02, 2002; the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations or April 02, 2008
At the proposal of the Minister of Information and Communications
DECREES:
Article 1. Scope of regulation
1. This Decree defines the acts of violations, forms and rate of sanctions, authority and procedures for imposing sanctions against administrative violations of post.
2. Administrative violations of post are deliberate or unintentional acts committed by agencies, organizations and individuals (hereinafter referred to as organizations and individuals) that violating the provisions on State management of post that do not constitute crimes and must be administratively sanctioned, including:
a) Violations of provisions on providing and using postal services;
b) Violations of provisions on investing and operating postal services;
c) Violations of provisions on postal service quality and postage;
d) Violations of provisions on public postal activities;
dd) Violations of provisions on postage stamps;
e) Violations of provisions on complaints, compensation; on report regulations; non-observance of inspection by competent State agencies.
Article 2. Subjects of application
Vietnamese organizations and individuals, foreign organizations and individuals committing acts of administrative violations of post in Vietnam’s territory shall be sanctioned as prescribed in this Decree and other relevant law provisions on sanctions against administrative violations.
Article 3. Sanction principles
The principles of sanctioning administrative violations of post shall be implemented as prescribed in Article 3 of the Ordinance on Handling administrative violations in 2002, Article 3 and Article 4 of the Government's Decree No. 128/2008/ND-CP of December 16, 2008 on detailing the implementation of a number of articles of the Ordinance on Handling administrative violations in 2002, Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008.
Article 4. Sanction statute of limitations
1. The statute of limitations of sanctions against administrative violations of post is one year as from the date of committing the administrative violation.
For acts of administrative violations of provisions on postage or printing, publishing postage stamps, the statute of limitations of sanctions against administrative violations is two years as from the date of committing the administrative violation.
2, For individuals being charged, prosecuted or given decisions on bringing criminal prosecution against violations of post, but then given decisions on suspending the investigation or the case of which the acts of violations denote administrative violations shall be administratively sanctioned; within three days as from the date of issuing the decision on suspending the investigation or the case, the person who issues the decision must send it to the persons competent to impose sanctions; in this case, the statute of limitations of sanctions against administrative violations is three months as from the day the person competent to impose sanctions receives the decision on suspension and the case dossiers.
3. When the time limit prescribed in clause 1 this Article is over, the sanctions shall not be imposed but the remedial measures must still be implemented as prescribed in clause 3 Article 5 of this Decree.
4. Within the time limits prescribed in clause 1 and 2 this Article, if organizations and individuals commit other administrative violations of post, or deliberately avoid, obstruct the sanctions, the statute of limitations of sanctions against administrative violations shall be calculated from the time of committing new administrative violations or from the time of ending the avoidance and obstruction of sanctions.
Article 5. Forms of sanctions against administrative violations and remedial measures
1. For each act of administrative violations, violating organizations and individuals must be subject to one of the following primary forms of sanctions:
a) Warning;
b) Fines.
2. Depending on the nature and extent of violations, organizations and individuals committing administrative violations may also be imposed one of the following additional forms of sanctions
a) Indefinitely or temporarily depriving of the right to use permits and written certification of postal activity notification;
b) Confiscating exhibits and means of administrative violations.
3. Apart from the primary forms of sanctions and additional forms of sanctions prescribed in clause 1 and clause 2 this Article, organizations and individuals committing administrative violations may also be liable to one or a number of the following remedial measures:
a) Being compelled to restore the original conditions changed while committing administrative violations;
b) Being compelled to re-export or remove from the Vietnam’s territory goods, items and facilities relating to the administrative violations;
c) Being compelled to destruct the harmful cultural products and items that harm the health of humans, domestic animals and plants;
d) Being compelled to recall or return the postage incorrectly collected;
dd) Being compelled to recall the illegally dissolved exhibits and facilities;
e) Being compelled to recall the illegal profits gained by committing administrative violations;
g) Being compelled to take remedial measures for environment pollution and epidemics caused by administrative violations;
h) Being compelled to eradicate the obstruction of postal activities.
4. Foreigners committing administrative violations as prescribed in this Decree may also be expelled. The expulsion may act as the primary or additional sanctions depending on particular situations.
ACTS OF ADMINISTRATIVE VIOLATIONS OF POST, FORMS AND RATE OF SANCTIONS
SECTION 1. GENERAL VIOLATIONS OF PROVIDING AND USING POSTAL SERVICES
Article 6. Violations of provisions on postal service contracts
1. Fines of from 1,000,000 VND to 3,000,000 VND for failing to use or incorrectly using date stamps, or incorrectly recording information about time and mail-accepting places in the contract or documents certifying the mail acceptance.
2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Postal service contracts, documents certifying the mail acceptance do not provide correct or sufficient contents as prescribed by law;
b) Postal services contracts are not made in Vietnamese.
Article 7. Violations of provisions on accepting and delivering mails
1. Warning or Fines of from 200,000 VND to 500,000 VND for providing incorrect or insufficient information about the mails.
2. Fines of from 500,000 VND to 1,000,000 VND for illegally refusing to provide postal services
3. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Failing to provide or insufficiently, incorrectly providing information relating to the postal services being provided at service places;
b) Failing to publicly posting or incorrectly, insufficiently posting the list of articles, and goods banned from sending, accepting and transporting through postal network, or the conditions for providing postal services at service places;
c) Failing to put up signboards at service places, branches, representative offices and the head office;
d) Failing to implement or incorrectly implementing the provisions on mail delivery
4. Acts of violations relating to the implementation of procedures for exporting, importing mails shall be sanctioned as prescribed in the Government's Decree on prescribing sanctions against administrative violations of customs.
5. Remedial measures:
Being compelled to eradicate the obstruction of postal activities regarding the acts of violations prescribed in clause 2 this Article.
1. Fines of from 3,000,000 VND to 5,000,000 VND for sending, accepting, transporting or delivering articles, items of which the contents intimidate, harass or offend other people’s dignity and honour.
2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Sending, accepting or transporting articles and goods from Vietnam to other countries that Vietnam’s law has banned from export or the receiving countries’ law has banned from import;
b) Sending, accepting or transporting articles and goods banned from circulation as prescribed by law;
c) Sending, accepting or transporting articles and goods banned from import as prescribed by law;
d) Sending, accepting or transporting articles and goods banned from post transportation as prescribed by Vietnam’s law and international treaties to which The Socialist Republic of Vietnam is a contracting party.
3. Fines of from 20,000,000 VND to 30,000,000 VND for sending, accepting or transporting articles and goods that contain cultural products in contravention of the social ethics and Vietnam’s traditional customs.
4. Fines of from 30,000,000 VND to 40,000,000 VND for improperly sending, accepting documents, and items that contain the State’s secret.
5. Fines of from 40,000,000 VND to 50,000,000 VND for sending, accepting or transporting articles and goods being explosives, toxic, radioactive substances, drugs, infectious bacteria aiming to terrorize, threaten people’s lives and property, causing social disorder and insecurity
6. Fines of from 50,000,000 VND to 70,000,000 VND for sending, accepting or transporting articles and goods of which the contents cause incitement, disorder and sabotage National consolidation, oppose and sabotage the Socialist Republic of Vietnam.
7. Organizations and individuals trading goods misusing the postal network to send mails, postal parcels that contain prohibited and smuggled goods shall be sanctioned as prescribed in the Government's Decree on sanctions against administrative violations of commercial activities.
8. Additional forms of sanctions:
a) Confiscating exhibits used for committing administrative violations regarding acts of administrative violations prescribed in clause 1; point a, b, d clause 2; clause 3; clause 5 and clause 6 of this Article;
b) Being expelled from the Socialist Republic of Vietnam’s territory regarding foreigners committing acts of violations prescribed in clause 6 this Article.
9. Remedial measures:
a) Being compelled to implement remedial measures for environment pollution, epidemics regarding the acts of violations prescribed in clause 5 this Article;
b) Being compelled to destruct articles harming health of humans, domestic animals and plants, harmful cultural products regarding the acts of violations prescribed in clause 1; clause 3; clause 5 and clause 6 of this Article;
c) Being compelled to re-export articles and goods banned from importing to Vietnam regarding the acts of violations prescribed in point c clause 2 of this Article.
Article 9. Violations of provisions on the safety of providing and using postal services
1. Fines of from 3,000,000 VND to 5,000,000 VND for not checking inventory, making records and packing in case the cover is damaged.
2. Fines of from 5,000,000 VND to 10,000,000 VND for adding more articles and goods in the mail after the acceptance procedures are done.
3. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a) Unboxing, swapping the mail contents;
b) Illegally appropriating or canceling mails.
c) Failing to take or incorrectly, insufficiently taking safety measures for people, mails and the postal network in the business.
4. Additional forms of sanctions:
Confiscating the exhibits regarding the acts of violations prescribed in clause 2 of this Article.
5. Remedial measures:
Being compelled to restore the original conditions that have been changed regarding the acts of violations prescribed in point a, clause 3 this Article.
Article 10. Violations of provisions on the safety of providing and using postal services
1. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Impersonating when using postal services;
b) Improperly terminating, suspending the mail transportation and delivery, or inspecting, handling mails, or requesting information about the use of postal services that affect the postal service quality.
2. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a) Illegally inspecting, handling mails, requesting information about the use of postal services;
b) Illegally terminating, suspending the mail transportation and delivery.
c) Illegally revealing information about the use of postal services.
dd) Failing to suspend the mail transportation and delivery or not notifying relevant competent State agencies when detecting mails violating the provisions on articles and goods banned from sending, accepting or transporting through postal network.
3. Fines of from 15,000,000 VND to 20,000,000 VND for misusing the termination and suspension of mail transportation and delivery, or mail inspection and handling, or the request for information about the use of postal services to cause damage to the State’s interests, the lawful rights and interests of organizations and individuals providing and using postal services.
4. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Failing to cooperate with competent State agencies to implement the termination, suspension of mail transportation and delivery, or mail inspection and handling, or the provision of information about the use of postal services as prescribed by law;
b) Obstructing the lawful postal activities.
5. Remedial measures:
Being compelled to eradicate the obstruction of postal activities regarding the acts of violations prescribed in clause 1; point a, b clause 2 and point b clause 4 of this Article.
1. Warning or fines of from 200,000 VND to 500,000 VND for Failing to implement or incorrectly implementing the provisions on changing names of the mail receivers or withdrawers.
2. Fines of from 500,000 VND to 1,000,000 VND for collecting returning charges regarding basic mails weighing up to 500gr not being able to deliver.
3. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Failing to forward or incorrectly forwarding mails to new addresses when the mails fail to reach the receivers’ addresses and when the postal service users notify enterprises providing postal services to change the receivers’ addresses;
b) Failing to satisfy or incorrectly satisfying the sender’s request for returning the mail to the sender when it is not able to be delivered to the receiver;
c) Failing to handle or improperly handling abandoned mails.
4. Remedial measures:
Being compelled to refund the collected charges regarding the acts of violations prescribed in clause 2 this Article.
1. Fines of from 5,000,000 VND to 10,000,000 VND for illegally refusing to provide postal services serving the agencies of the Party, the State, National defense and security.
2. Fines of from 10,000,000 VND to 15,000,000 VND for organizing postal network activities serving the agencies of the Party, the State, National defense and security inconsistently with the law provisions..
3. Fines of from 15,000,000 VND to 20,000,000 VND for connecting non-public postal network to the postal network serving the agencies of the Party, the State, National defense and security.
4. Additional forms of sanctions:
Indefinitely depriving of the right to use postal certificates regarding the acts of violations prescribed in clause 2, clause 3 of this Article.
3. Remedial measures:
Being compelled to eradicate the obstruction of postal activities regarding the acts of violations prescribed in clause 1 of this Article.
Article 13. violations of provisions on competition in postal activities.
1. Fines of from 10,000,000 VND to 20,000,000 VND for any kind of sale promotion that violate the provisions on private postal services.
2. Fines of from 20,000,000 VND to 30,000,000 VND for providing postal services that violate the provisions on private postal service scope.
3. Acts of administrative violations of competition in post shall be sanctioned as prescribed in the Government's Decree on sanctions against administrative violations of competition
4. Additional forms of sanctions:
Indefinitely depriving of the right to use certificates regarding reoccurring acts of violations prescribed in clause 1, clause 2 of this Article.
SECTION 2. VIOLATIONS OF PROVISIONS ON INVESTMENT AND POSTAL SERVICE OPERATION
Article 14. Violations of provisions on the investment of post
The acts of violations of provisions on the investment of post shall be sanctioned as prescribed in the Government's Decree on sanctions against administrative violations of investment and planning.
Article 15. Violations of provisions on post permits
1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failing to request another issue when the post permit is lost or damaged;
b) Failing to implement or incorrectly implementing the provisions on notifying competent State agencies of post when replacing legal representatives, addresses; quality norms for services, forms of service contracts; the relevant provisions relating to complaints and compensation for damages compared to the latest application dossier on post permits;
c) Failing to submit the post permits when being given the decision on revocation by the State agencies.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Providing postal services inconsistently with the post permit contents.
b) Erasing, changing the post permit contents;
c) Failing to satisfy the request for changing and supplementing post permits when making changes in post permit contents;
d) Not ensuring the minimum capital as prescribed by law.
3. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Leasing or lending post permits;
b) Illegally transferring post permits;
4. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Providing mail services with the recipient address of which the single capacity is up to 2kg without post permits;
b) Trading, mortgaging post permits.
5. Fines of from 30,000,000 VND to 40,000,000 VND for providing false information or deliberately cheating for being issued with the post permit.
6. Fines of from 40,000,000 VND to 50,000,000 VND for providing postal services inconsistently with the contents in the post permits causing seriously affect the State’s interests, lawful rights and interests of organizations and individuals.
7. Additional forms of sanctions:
Indefinitely depriving of the right to use permits regarding the acts of violations prescribed in point b clause 2, point b clause 4 of this Article.
8. Remedial measures:
Being compelled to recall the illegal profits regarding the acts of violations prescribed in clause 3 and point b clause 4 of this Article.
Article 16. Violations of provisions on postal activity notification
1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failing to apply for another issue when the written certification of postal activity notification is lost or damaged;
b) Failing to implement or incorrectly implementing the provisions on notifying competent State agencies when changing the notified contents compared to the dossier on requesting certification of postal activity notification;
c) Failing to submit the written certification of postal activity notification when being given the decision on revocation.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Failing to have written certification of activity notification issued by competent State agencies when providing services of mails without recipient address of which the single weight is up to 2kg, mails of which the single weight is up to 2kg and services of package and packing;
b) Erasing, changing the written certifications of postal activity notification;
c) Failing to have the written certification of activity notification issued by competent State agencies when operating branches, representative offices for enterprises providing postal services established under the Vietnam’s law.
3. Fines of from 10,000,000 VND to 20,000,000 VND for Failing to have the written certification of activity notification issued by competent State agencies when operating agents, representative offices for foreign enterprises providing postal services; acquiring franchise for post from abroad to Vietnam.
4. Additional forms of sanctions:
Indefinitely depriving of the right to use the written certification of postal activity notification regarding the acts of violations prescribed in point b clause 2 of this Article.
Article 17. Violations of provisions on contracts of postal activities
1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Assigning, receiving postal agents without agent contract or when the agent contract is expired
b) Assigning postal agents without post permits, written certifications of postal activity notification as prescribed.
2. Fines of from 5,000,000 VND to 10,000,000 VND for providing postal services inconsistently with the contractual services.
3. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Acquiring franchise for post from abroad to Vietnam without franchise contracts;
b) Representing for foreign enterprises providing postal services without representation contracts.
4. Additional forms of sanctions:
Depriving of the right to use the written certification of postal activity notification for 60 days regarding the acts of violations prescribed in clause 3 of this Article.
SECTION 3. VIOLATIONS OF PROVISIONS ON THE POSTAL SERVICES QUALITY AND POSTAGE
Article 18. violations of provisions on postal service quality
1. Fines of from 3,000,000 VND to 5,000,000 VND for not announcing or incorrectly announcing the postal service quality as prescribed by law.
2. Fines of from 5,000,000 VND to 10,000,000 VND for not publicly providing or incorrectly providing the sheet of announced service quality at service places.
3. Fines of from 10,000,000 VND to 15,000,000 VND for providing postal services of lower quality than the announced quality.
4. Additional forms of sanctions:
Depriving of the right to use the post permit, written certification of postal activity notification for 60 days regarding the acts of violations prescribed in clause 3 of this Article.
Article 19. Violations of provisions on postage
1. Fines of from 10,000,000 VND to 20,000,000 VND for imposing postage ultra vires.
2. Fines of from 20,000,000 VND to 30,000,000 VND for not making and submitting the postage scheme prescribed by the State to competent State agencies.
3. Other acts of violations of postage shall be sanctioned as prescribed in the Government's Decree on sanctions against administrative violations of prices.
4. Additional forms of sanctions:
Depriving of the right to use the post permit, written certification of postal activity notification from 30 days regarding the acts of violations prescribed in clause 1 and clause 2 of this Article.
SECTION 4. VIOLATIONS OF PROVISIONS ON PUBLIC POSTAL ACTIVITIES
Article 20. Violations of provisions on public postal network
1. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Failing to arrange places in urban areas or densely populated areas for enterprises appointed to provide public postal services to install the public mailbox system;
b) Failing to install or improperly installing concentrated mailboxes in apartment buildings and office buildings;
c) Failing to install or improperly installing the public mailbox system in urban areas and densely populated areas;
d) Failing to arrange places or preparing necessary conditions for postal service users in apartment buildings and office buildings to carry out the concentrated mailbox installation.
2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Failing to inspect, repair, maintain or protect constructions belonging to the public postal network;
b) Failing to install public mailboxes for accepting basic mails as prescribed.
3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Violating public postal constructions;
b) Improperly using specialized means of transport
4. Remedial measures:
Being compelled to restore the original conditions that have been changed regarding the acts of violations prescribed in point a clause 3 of this Article.
Article 21. Violations of provisions on providing public postal services
1. Fines of from 5,000,000 VND to 10,000,000 VND for illegally refusing to provide public postal services.
2. Fines of from 10,000,000 VND to 15,000,000 VND for providing public postal services incorrectly, insufficiently under the list, the scope decided by competent State agencies.
3. Fines of from 15,000,000 VND to 20,000,000 VND for one of the following acts:
a) Failing to separately monitor public postal services and private postal services;
b) Failing to report or improperly reporting the results of public postal service provision to competent State agencies.
4. Fines of from 20,000,000 VND to 30,000,000 VND for using the turnover from private postal services to cover the deficit caused by providing other underpriced competitive services.
5. Remedial measures:
Being compelled to eradicate the obstruction of postal activities regarding the acts of violations prescribed in clause 1 of this Article.
SECTION 5. VIOLATIONS OF PROVISIONS ON POSTAGE STAMPS
Article 22. Violations of provisions on using postage stamps to prepay postage
1. Fines of from 1,000,000 VND to 3,000,000 VND for using postage stamps not being published by competent State agencies, or Vietnam’s postage stamps containing cancellation seals, or Vietnam’s postage stamps banned from circulation, or damaged Vietnam’s postage stamps to prepay postage.
2. Fines of from 3,000,000 VND to 5,000,000 VND for using foreign postage stamps to prepay domestic postage and postage of international postal services from Vietnam to abroad.
1. Fines of from 3,000,000 VND to 5,000,000 VND for circulating Vietnam’s postage stamps without decisions on publication from competent State agencies.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Trading, exchanging, displaying and propagating postage stamps of which the contents are not appropriate for social ethics and Vietnam’s traditional customs;
b) Selling Vietnam’s postage stamps on public postal network during the providing term inconsistently with the face value, except for postage stamps with cancellation seals;
c) Selling expired special postage stamps on public postal network, unless buying back.
3. Fines of from 10,000,000 VND to 20,000,000 VND for trading, exchanging, displaying and propagating foreign postage stamps of inappropriate contents and origin under the notification of post agencies from the member countries of the Universal Postal Union and stamp collection associations.
4. Fines of from 20,000,000 VND to 30,000,000 VND for trading, exchanging, displaying and propagating postage stamps that have been given decisions on revocation.
5. Fines of from 30,000,000 VND to 50,000,000 VND for trading, exchanging, displaying and propagating fake postage stamps.
6. Fines of from 50,000,000 VND to 70,000,000 VND for trading, exchanging, displaying and propagating postage stamps of which the contents, graphics, signs and symbols cause incitement and animosity among ethnic groups and religions, oppose and sabotage the Socialist Republic of Vietnam.
7. Additional forms of sanctions:
a) Confiscating the exhibits regarding the acts of violations prescribed in clause 1, point a clause 2, clause 3, 4, 5 and clause 6 of this Article;
b) Being expelled from the Socialist Republic of Vietnam’s territory regarding foreigners committing acts of violations prescribed in clause 6 of this Article.
8. Remedial measures:
Being compelled to recall the illegal profits regarding the acts of violations prescribed in clause 2, 3, 4, 5 and clause 6 of this Article.
Article 24. Violations of provisions on postage stamp management
1. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Printing Vietnam’s postage stamps on publications without using postage stamps on which printed “specimen”, or postage stamps with cancellation seals except for greatly magnified printing such as billboards or posters;
b) Failing to retain or improperly retaining Vietnam’s postage stamps or dossiers on Vietnam’s postage stamp design.
2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Printing Vietnam’s postage stamps inconsistently with the decisions from competent State agencies;
b) Providing false information in order to be issued with the postage stamp import permit;
c) Importing postage stamps inconsistently with the provisions in the postage stamp import permit;
d) Using expired postage stamp import permits.
3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Using, reproducing part or the entire approved Vietnam’s postage stamps design without written authorization from competent State agencies;
b) Failing to recall and handle special postage stamps of which the publication terms have expired under the provisions of competent State management agencies;
c) Importing postage stamps without import permits issued by competent State agencies as prescribed by law.
4. Fines of from 30,000,000 VND to 40,000,000 VND for printing Vietnam’s postage stamps without decisions from competent State agencies.
5. Additional forms of sanctions:
a) Indefinitely depriving of the right to use postage stamp import permits regarding the acts of violations prescribed in point b, d clause 2 of this Article;
b) Confiscating the exhibits regarding the acts of violations prescribed in point a clause 2, point a clause 3 and clause 4 of this Article.
6. Remedial measures:
Being compelled to re-export postage stamps regarding the acts of violations prescribed in point c, d clause 2, point c clause 3 this Article.
1. Fines of from 500,000 VND to 1,000,000 VND for refusing to handle lawful complaints
2. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Handling complaints unpunctually
b) Not refunding the charges of used services when failing to ensure the announced completion time.
3. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failing to promulgate the process for handling complaints relating to postal services;
b) Failing to pay or incorrectly paying compensation for damage as prescribed by law.
4. Fines of from 5,000,000 VND to 10,000,000 VND for omitting to handle or report the results of complaint handling at the request of competent State agencies.
5. Remedial measures:
Being compelled to refund the service charges regarding the acts of violations prescribed in point b clause 2 of this Article.
Article 26. Violations of provisions on report regulations
1. Fines of from 1,000,000 VND to 3,000,000 VND for reporting late up to 15 days compared to the prescribed time limits or at the request of competent State agencies.
2. Fines of from 3,000,000 VND to 5,000,000 VND for reporting insufficiently as prescribed or at the request of competent State agencies.
3. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Failing to implement the report regulations or making reports later than 15 days compared to the prescribed time limits or at the request of competent State agencies;
b) Untruthfully reporting as prescribed or at the request of competent State agencies.
Article 27. Acts of disobeying the inspection of competent State agencies
1. Fines of from 1,000,000 VND to 3,000,000 VND for insufficiently providing relevant documents at the request of the person competent to perform inspection.
2. Fines of from 3,000,000 VND to 5,000,000 VND for Failing to provide, not declaring or incorrectly declaring the contents relating to the inspections.
3. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Obstructing the inspection of the State agencies and employees on duty;
b) Not truthfully providing figures and documents serving the inspection.
4. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a) Dissolving exhibits and means of violations being inspected or impounded;
b) Removing the seals of violating exhibits being sealed off or impounded.
5. Fines of from 15,000,000 VND to 20,000,000 VND for delaying, avoiding the implementation of the administrative inspection decisions from competent persons.
6. Remedial measures:
a) Being compelled to recall the dissolved exhibits and means of violations regarding the acts of violations prescribed in point a clause 4 of this Article.
b) Being compelled to restore the original conditions that have been changed regarding the acts of violations prescribed in point b clause 4 of this Article.
AUTHORITY AND PROCEDURES FOR SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS
1. Information and communication inspectors on duty are authorized to:
a) Issue warnings:
b) Impose fines of up to 500,000 VND
c) Confiscating exhibits and means of administrative violations being valued up to 2,000,000 VND;
d) Imposing remedial measures as prescribed in point a, c and g clause 3 Article 5 of this Decree;
dd) Exercising the rights prescribed in point 2 clause 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008 and clause 2 Article 48 of the Ordinance on Handling administrative violations in 2002.
2. The Chief inspectors of Departments of Information and Communications are authorized to:
a) Issue warnings:
b) Impose fines of up to 30,000,000 VND
c) Depriving of the right to use permits and written certifications of postal activity notification under the authority;
d) Confiscating exhibits and means of administrative violations;
dd) Imposing remedial measures as prescribed in point a, c, d, dd, e, g and h and clause 3 Article 5 of this Decree;
e) Exercise the rights prescribed in point 1 Article 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008
3. The Chief inspector of the Ministry of Information and Communications is authorized to:
a) Issue warnings:
b) Impose Fines of up to 70,000,000 VND
c) Depriving of the right to use permits and written certifications of postal activity notification under the authority;
d) Confiscating exhibits and means of administrative violations;
dd) Imposing remedial measures as prescribed in point a, c, d, dd, e, g and h clause 3 Article 5 of this Decree;
e) Exercise the rights prescribed in point 1 Article 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008.
Article 29. Authority to impose sanctions of other line inspectors
Within the State management authority prescribed by the Government, inspectors and the Chief inspectors of other line inspection agencies are authorized to impose sanctions against acts of administrative violations of post under their State management domains.
Article 30. Authority to impose sanctions of People’s Committees at all levels
Presidents of the People’s Committees at all levels are authorized to impose sanctions under the authority prescribed in clause 4, 5 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008 and Article 30 of the Ordinance on Handling administrative violations in 2002 within the localities under their management regarding acts of administrative violations of post prescribed in this Decree.
The Police, Border guard, Coastguard, Customs, Tax agencies, Competition management agencies. Market management agencies are authorized to impose sanctions under the authority prescribed in clause 6, 7, 8, 9, 11, 15 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008 and Article 37 of the Ordinance on Handling administrative violations in 2002 regarding administrative violations of post directly relating to their management domains prescribed in this Decree.
Article 32. Apportioning authority to impose sanctions against administrative violations
1. For administrative violations under the authority to impose sanctions of many persons, the sanction shall be imposed by the first one that handle it.
2. Authority to impose sanctions of the persons prescribed in Article 28, 29, 30 and 31 of this Decree is the authority applicable to one act of administrative violations. For fines, the authority to impose sanctions shall be determined basing on the maximum rate of the fine bracket regarding each particular act of violations.
3. When imposing sanctions on one person committing multiple acts of administrative violations, the authority to impose sanctions shall be determined under the principles prescribed in point 3 clause 17 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008.
1. The procedures for sanctions against administrative violations shall be implemented under the provisions in the Ordinance on Handling administrative violations and the Government's Decree No. 128/2008/ND-CP of December 16, 2008 detailing the implementation of a number of articles of the Ordinance on Handling administrative violations in 2002 and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008.
2. The application of coercive measures for the implementation of the decisions on sanctions against administrative violations shall be implemented as prescribed in the Government's Decree No. 37/2005/ND-CP of March 18, 2005 on prescribing the procedures for applying coercive measures for the implementation of the decisions on sanctions against administrative violations and clause 27 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in 2008.
3. The sanctioned administrative violations must be recorded into dossiers and fully archived in the sanctioning agencies for a period as prescribed by law.
Promulgating together with this Decree the Annex of record forms and decision forms used for imposing sanctions against administrative violations of post.
This Decree takes effect on September 01, 2011 and supersedes the Section 1, Chapter II of the Decree No. 142/2004/ND-CP of July 08, 2004 on prescribing sanctions against administrative violations of post, telecommunication and radio frequency, Decree No. 55/2010/ND-CP of May 24, 2010 on amending and supplementing a number of articles of the Decree No. 142/2004/ND-CP of July 08, 2004 on prescribing sanctions against administrative violations of post, telecommunication and radio frequency.
Article 36. Responsibilities for implementation
The Minister of Information and Communications, the Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of central-affiliated cities and provinces are responsible to implement this Decree.
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- 1 Decree No. 174/2013/ND-CP dated November 13, 2013, penalties for administrative violations agaisnt regulations on post and telecommunications, information technology and radio frequency
- 2 Decree No. 174/2013/ND-CP dated November 13, 2013, penalties for administrative violations agaisnt regulations on post and telecommunications, information technology and radio frequency
- 1 Decree No.51/2011/ND-CP of June 27, 2011 stipulating administrative handling in the field of radio frequencies
- 2 Law No. 49/2010/QH12 of June 17, 2010, on post
- 3 Ordinance No. 04/2008/PL-UBTVQH12 of April 02, 2008 amending and supplementing a number of articles of The Ordinance on handling of administrative violations
- 4 Decree of Government No. 37/2005/ND-CP, stipulating the procedures for application of coercive measures for execution of administrative violation-sanctioning decisions.
- 5 Ordinance No. 44/2002/PL-UBTVQH10 of July 02, 2002 on handling of administrative violations
- 6 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government