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Thứ 5, Ngày 28/04/2022, 09:00
Implementing new regulations on sanctioning of administrative violations in the field of post and telecommunications
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28/04/2022

​PORTAL - On the morning of April 27, in Hanoi, the Ministry of Information and Communications (MIC) held a teleconference to implement Decree no. 14/2022/ND-CP of the Government (referred to as Decree no.14).​

​At Binh Duong bridge point, there were Mr. Nguyen Huu Yen - Deputy Director of the Department of Information and Communications (DIC), representatives of divisions under the DIC, Provincial Police, post and telecommunications enterprises.

At the conference, Mr. Nguyen Tien Dung - Post, Telecommunications and Information Technology Inspectorate, MIC presented the basic contents and new points of Decree no. 14.

On January 27, 2022, the Government issued Decree no. 14 amending and supplementing a number of articles of the Government's Decree 15/2020/ND-CP dated February 03, 2020 stipulating penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology and electronic transactions and Decree 119/2020/ND-CP stipulating penalties for administrative violations in journalistic and publishing activities.

​ 

Delegates attend the conference at Binh Duong bridge point

This Decree prescribes 13 additional forms of sanction "Suspending new subscriber development activities" for telecommunications enterprises (TEs) in order to increase deterrence and raise the responsibility of TEs; prevent and limit spam sims, spam messages, phishing messages, etc. Thus, TEs may also be subject to the additional sanction "Suspending the development of new subscribers" instead of the previous suspension of operation and service provision.

Accordingly, suspending the development of new subscribers from 01 to 03 months for the following acts: Violation on notification to violating subscribers; failure to stop providing services to violating subscribers; failure to enter into contracts with the 4th subscriber or more; failure to keep subscriber information in accordance with regulations; failure to review and check subscriber information according to the process, etc. For violations on entering into contracts according to the general transaction conditions form, violations of telecommunications service providers, TEs may also be subject to the additional sanction of suspending the development of new subscribers from 01 to 07 months, depending on the seriousness of the violation.

In addition, the additional sanction "Suspending the development of new subscribers" is applied to a number of violations in terms of publishing and changing the content in the license; wrongly performing promotions such as: Not the right promotional level announced, not the right subject, not the right content announced, etc.


The conference implements new points on regulations on sanctioning administrative violations in the field of post and telecommunications

With the rapid development of telecommunications services and pay TV services, leading to the situation that electric cables, telecommunications cables, and television cables are pulled tangled on power poles, causing a loss of urban beauty, a potential high risk of fire and explosion, and many potential dangers to people's lives and properties, etc. Decree no. 14 supplements 07 violations in Clause 2, Article 40: Hanging more than 01 cable cabinet/box on each cable pole; not hanging the height sign at the lowest position when the cable crosses a traffic road, bridge, river; incomplete information or symbols on the sign; not tagging ownership of telecommunications cables; the maximum distance for tagging with a telecommunications cable is 300m, for underground cables is 500m (sanctioned 30 - 50 million VND); installing telecommunications peripheral cables but TEs do not send the plan to the local Department of Information and Communications (sanctioned 50-70 million VND), etc. The above contents are built on the basis of Circular 20/2019/TT-BTTTT on national technical regulations on installation of telecommunications peripheral cable networks.

Regarding cyberinformation security, Decree No. 14 has adjusted "raising the sanction to be doubled", with a fine frame from 20-30 million VND to 40-60 million VND for the following acts: Using personal information for improper purposes; improperly providing or sharing or spreading personal information; illegally collecting, using, distributing and trading personal information, etc.

 

Fining from 20 to 30 million VND for some acts of making spam messages, spam calls

Decree no. 14 also added a number of penalties for spam messages and spam calls (Articles 94, Article 95, Article 96) Decree no. 91/2020/ND-CP dated August 14, 2020 of the Government on combating spam messages, spam emails, spam calls. Specifically, a fine ranging from 20 million VND and 30 million VND for one of the following acts: Making more than 01 advertising call to 01 phone number within 24 hours without any other agreement with the user; sending advertising messages outside of the period from 7:00 a.m. to 10:00 p.m. daily or calling advertising from 8:00 a.m. to 5:00 p.m. daily without other agreements with the user; not instructing service users on how to combat spam messages, spam calls, spam emails, etc.

The conference also implemented regulations on management and handling of violations in domain name registration and use in Vietnam.


​Reported by Phuong Chi- Translated by Thanh Tam

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