Decree 58/2010/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Postal

Original Language Title: Nghị định 58/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực bưu chính

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on postal 28, 2010;

Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of communication and information, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree provisions on violations, the form and the level of sanctions, jurisdiction and procedure for sanctioning of administrative violations in the postal sector.

2. Administrative violations in the postal sector is intentional or unintentional acts of agencies, organizations and individuals (hereinafter referred to as the organization or individual) to violate the rules of State management in the postal sector which is not a crime and under the provisions of the law must be sanctioned administratively , including: a) in violation of regulations on the supply and use of postal services;

b) infringe regulations on investment, business and postal services;

c) violated the regulations on quality, pricing, postal services;

d) infringe regulations on postal public utility activities;

DD) violates regulations on postal stamps;

e) infringe regulations on claims, compensation for damage; report mode; non-observance of the Inspector, inspection of competent State agencies.

Article 2. The object to apply the Organization, individuals, organizations, Vietnam foreign individuals have administrative violations in the postal sector on the territory of Vietnam then sanctioned under the provisions of this Decree and the other provisions of the law on sanctioning administrative violations are concerned.

Article 3. The principle of sanctioning the principle of sanctioning administrative violations in the postal sector are made according to the provisions of article 3 of the Ordinance on handling administrative violations in 2002, article 3 and article 4 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Article 4. Time limits sanctions 1. Time sanctioning administrative violations in the postal sector is one year from the date of the administrative offense was made.

For violations of regulations on postal rates or printing, released postage stamps, time sanctioning administrative violations is two years from the date of the administrative offense was made.

2. for individuals be prosecuted, indicted or have decided to put the case in the post field trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case which have sign violations administrative violations, the sanctioned administrative offense; within three days from the date of the decision to suspend the investigation, to suspend the case, who decide to send the decision to the person who has the authority to sanction; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.

3. the time limits specified in paragraph 1 of this article, then no sanctions but still be applied one or more remedial measures prescribed in paragraph 3 article 5 of this Decree.

4. Within the time limit specified in paragraph 1 and 2 of this Article If individual organizations implement new administrative violations in the same postal sector has violated previously or willfully evading, obstructing the sanction, the time sanctioning administrative violations are calculated from the time of implementation of new administrative infringement or from termination behavior escape , obstructing the sanction.

Article 5. The sanctions administrative violations and remedial measures 1. For each administrative violations, organizing, personal offense suffered one of the sanctions: a) caution;

b) fine.

2. Depending on the nature and extent of the violation, the Organization, the individual administrative violations can be applied one or the additional sanctions: a) deprived of the right to use has a time limit or expiry of the license type, text message confirmation of postal operations;

b) confiscated exhibits, the means used to administrative violations.

3. In addition to the fines, the additional sanction specified in clause 1 and clause 2 of this individual, organization, administrative violations can also be applied to one or more remedial measures: a) Forced to restore original state has been changed due to administrative violations cause;

b) Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles, media related to administrative violations;

c) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture;

d) forced the withdrawal or forced to refund postage currency wrong;

DD) Forced recovery of exhibits, the media have gone to scatter;

e) forced the withdrawal of illegal benefits have been due to administrative violations cause;

g) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) Forced termination status hinders postal operations.

4. Foreigners who violate the administration under the provisions of this Decree shall also be sentenced to expulsion. Expulsion is applied as the main sanctions or additional sanctions in each specific case.

Chapter II ADMINISTRATIVE VIOLATIONS of postal FORMS and SANCTION 1. VIOLATION of REGULATIONS on the SUPPLY and USE of POSTAL SERVICES article 6. Violation of rules of supply contracts and the use of postal services 1. A fine of 1,000,000 to 3,000,000 đồng VND for the behavior not to use or improper use on the seal or incorrect records information about the time, place, accept the post office delivered on the contract or certificate from the post office sent acceptance confirmation.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) supply contracts and the use of postal services, document confirming the acceptance of the post office sent incorrect or incomplete records the content prescribed by law;

b) supply contracts and the use of postal services in writing not to use the Vietnamese language.

Article 7. Violating regulations on accepting the post and send 1. Caution or a fine from 200,000 to 500,000 VND VND for the behavior to provide information about the post office sent incorrect, incomplete.

2. A fine of from 500,000 to 1,000,000 VND VND for unlawful rejection behavior supplying postal services.

3. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) do not provide publicly or provide incorrect, incomplete relevant information about postal services are offered at the point of service;

b) Not listed or listed incorrectly, not full catalog of goods, items not sent, approved, shipped through the postal network or the regulations on conditions of provision of postal services at points of service;

c) Not hanging at the point of service, corporate head office, branch office, Representative Office;

d) Not done or done incorrectly send post office broadcast regulations.

4. for violations related to the implementation of the export and import procedure to send post cards are applied in accordance with the Decree of the Government sanctioning administrative violations in the field of customs.

5. remedial measures: Forcing the termination status hinders to postal operations for violation of the provisions in paragraph 2 of this Article.

Article 8. Violation of the provisions of articles, goods delivery, acceptance, transportation through the postal network 1. A fine from 5,000,000 to copper copper 3,000,000 for the behavior to send or accept or transport or the goods, items with content threatening, harass, offend the dignity, honor others.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) send or accept or transport of the goods, goods from Vietnam come countries whose laws Vietnam export regulations or the laws of the receiving country regulations prohibit the importation;

b) send or accept or transport of the goods, items prohibited circulation according to the rule of law;

c) send or accept or transport these products, prohibit the importation of goods under the provisions of the law;

d) send or accept or shipping the forbidden goods, items shipped by mail in accordance with the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member.

3. A fine fellow to fellow 30,000,000 20,000,000 words for acts send or accept or transport or the goods, items containing literature immoral society, contrary to customs of Vietnam.

4. A fine of 30,000,000 VND to 40,000,000 for the copper acts submitted, accept the document, bearing no State secrecy rules.

5. Fine fellow to fellow 50,000,000 40,000,000 for the behavior to send or accept or transport or those articles, explosive goods, toxins, radioactive substances, drugs, disease germs to terrorism, harassment to life, property, disorderly, social safety;

6. Fine fellow to fellow 70,000,000 50,000,000 for the behavior to send or accept or transport or those articles, commodities have caused agitation, loss of content security, undermining national unity, against breaking the State of the Socialist Republic of Vietnam.

7. for individuals, business organizations of goods taking advantage of postal network to send postal mail, parcels containing forbidden goods, smuggled goods are applied in accordance with the Decree of the Government on sanctioning administrative violations in trade activities.

8. additional sanctions: a) confiscated exhibits used for administrative violations for violations of the provisions of paragraph 1; points a, b, d paragraph 2; clause 3; clause 5 and clause 6 of this Article;

b) deported from the territory of the Socialist Republic of Vietnam for foreigners have violations of the provisions of paragraph 6 of this Article.

9. the remedial measures:


a) Forced to apply the remedy the pollution status of Habitat, spreading disease for violations of the provisions of paragraph 5 of this Article;

b) forced the destruction of animal products harmful to human health, livestock and crops, the culture of toxic products for violations of the provisions of paragraph 1; clause 3; clause 5 and clause 6 of this Article;

c) forced the re-export of goods prohibited articles imported into Vietnam for violations specified in point c of paragraph 2 of this Article.

Article 9. Violation of regulations on the safety of the supply and use of postal services 1. A fine from 5,000,000 to copper copper 3,000,000 for behaviour do not perform inventory, set the minutes and wrapping, wrapped again in case the sending post office cover torn, damaged.

2. A fine of 5,000,000 10,000,000 for copper to copper acts put more articles, goods in the post office to send after you have done the procedures approved.

3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) Peeling open, swap the content send post cards;

b) seized the post office sent, postal cancellation sent contrary to law.

c) Not done or done improperly, inadequate measures to ensure the safety of people, the post office and the postal network in business services.

4. additional sanctions: confiscated exhibits for violations of the provisions in paragraph 2 of this Article.

5. remedial measures: Forcing restore original state has been modified for violations specified in point a of paragraph 3 of this article.

Article 10. Violating regulations on ensuring security of supply and the use of postal services 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) impersonate another person when using postal services;

b) suspension, suspension from transportation, the post office to send or check, the post processing to send or request for information on the use of postal service rules do affect the quality of the postal service.

2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) check, the post processor to send the request, provide information about the use of postal service contrary to law;

b) suspension, suspension from transportation, the post office sending unlawful.

c) disclose information about use of postal service contrary to law;

DD) does not suspend the sending post office, shipping or do not inform the competent State agencies involved to handle when the post office sent in violation of regulations on goods, items are not submitted, approved, shipped through the postal network.

3. A fine fellow to fellow 20,000,000 15,000,000 words for acts of taking advantage of the suspension, the suspension of transportation, post and send or post processing checks submitted or requested to provide information on the use of postal services which cause damage to the interests of the State, the legitimate rights and interests of the Organization personal supply, and the use of postal services.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) is not in coordination with the competent State agencies implementation of the suspension, the suspension of shipping, post office or check the post processing, submit or provide information on the use of postal services under the provisions of the law;

b) hinder legitimate postal operations.

5. remedial measures: Forcing the termination status hinders to postal operations for violations of the provisions of paragraph 1; points a, b item 2 and point b paragraph 4 of this Article.

Article 11. Violating the rules of change they name, address of recipients; forward, transfer, withdrawal sent post cards; the post office sent without the recipient 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts not done or done incorrectly rules on the change of name, address or withdrawal sent post cards.

2. A fine of from 500,000 to 1,000,000 VND VND for complete transfer charges collection behavior for basic mail volume to 500 grams when playing.

3. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) Not done or done incorrectly the forward post and sent to the new address when sending post to the recipient's address and when people use postal services announced for business provides postal service change of address of the recipient;

b) Not done or done properly not requested by the sender of the post sent to complete the return to sender when playing for the recipient;

c) Not processed or not processed properly prescribed by law for the post office to send no recipients.

4. remedial measures: Forced to refund postage currency wrong for violations of the provisions in paragraph 2 of this Article.

Article 12. Violation of rules of the postal network to serve the party, the State, defense, and security 1. A fine from 5,000,000 VND to 10,000,000 VND for unlawful rejection behavior provides postal services agency serving the Communist Party, the State, defense and security.

2. A fine from 10,000,000 to 15,000,000 Board Council for organizational behavior works postal network serving the party, the State, defense, and security is not properly regulated by law.

3. A fine fellow to fellow 20,000,000 15,000,000 words for the postal network connection behavior serve as party organs, State, defense, and security with other postal network in addition to the public postal network.

4. additional sanctions: deprived of the right to use the postal license indefinitely for violations of the provisions in paragraph 2, paragraph 3 of this Article.

5. remedial measures: Forcing the termination status hinders to postal operations for violations of the provisions of paragraph 1 of this Article.

Article 13. Violating the rules of competition in the postal operations.

1. A fine from 10,000,000 20,000,000 to fellow Council for promotional behavior in any form in violation of regulations on postal services reserved.

2. A fine of 20,000,000 30,000,000 for the copper to copper acts provide the postal service violated regulations on the scope of the postal services reserved.

3. for administrative violations of other competition in the postal sector is applied in accordance with the Decree of the Government on sanctioning administrative violations in the field of competition.

4. additional sanctions: deprived of the right to use the license expiry re-offending behaviour with respect to provisions in item 1, item 2 of this Article.

Section 2 INFRINGEMENT of RULES on investment, the POSTAL SERVICE BUSINESS article 14. Breach of rules on investment in the postal sector with regard to violations of the rules on investment in the postal sector shall be applied in accordance with the Decree of the Government on sanctioning administrative violations in the field of planning and investment.

Article 15. Violation of rules of the postal licence 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) does not make the recommended level again when the postal license is lost or damaged from use;

b) Not done or done incorrectly specified the notice to the competent State agencies about when postal change of legal representative, head office address; quality of service targets; supply contract template and use the service; the provisions relating to compensation claims, compared with profile suggestions the postal license last;

c) Not filed charged the postal license for State agencies when a decision is revoked.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) providing postal services are not true to the content in the postal licence.

b) erase, fix the content of postal license;

c) does not make the suggested additional postal licence, when content changes in the postal licence;

d) does not guarantee the level of the minimum capital as provided by the law.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) for rent, lend the postal license;

b) transfer of the postal license is unlawful.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) provides the message with the recipient address has a mass of 2 kg to the unit with no postal license;

b) sale, pledge the postal license.

5. A fine of 30,000,000 VND to 40,000,000 for the Council acts to provide information or knowingly lie to the postal license.

6. Fine fellow to fellow 50,000,000 40,000,000 for the behavior provides no proper postal services with content in the postal licence, cause serious consequences to the interests of the State, the legitimate rights and interests of organizations and individuals.

7. additional sanctions: deprived of the right to use the license indefinitely for violations specified in point b of paragraph 2, point b paragraph 4 of this Article.

8. remedial measures: forcing the withdrawal of illegal benefits there are for violations of the provisions of paragraph 3 and point b paragraph 4 of this Article.

Article 16. Violation of rules of the postal operation notice 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) does not make the recommended level again when the confirmation text message postal operations is lost or damaged from use;

b) Not done or done incorrectly specified the notice with the competent State agencies of Government when content changes were reported compared to the recommended records confirm the announcement of postal operations;

c) Not filed charged text message confirmation of postal operations when a decision is revoked.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) no text message confirms the activity of State bodies have the authority on postage when mail service without the recipient address has a mass of 2 kg to the unit, it has a mass of 2 kg and the single Service Pack , Sue;

b) erased, corrected text message confirmation of postal operations;


c) no text message confirms the activity of State bodies have the authority on postage when making a branch, Representative Office for business provides postal services to be established under the law of Vietnam.

3. A fine from 10,000,000 20,000,000 for copper to copper acts do not have the documents operational notification of competent State agencies about when postal agents, representative, Representative Office for business provides postal services abroad; received the franchise in the postal sector from overseas into Vietnam.

4. additional sanctions: deprived of the right to use the confirmation text message postal operations indefinitely for violations specified in point b of paragraph 2 of this Article.

Article 17. Violation of the provisions of the contract in postal operations 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) delivery, the postal services agency received no contract dealer or dealer contracts expire;

b) postal service agents Interface with no postal license, text message confirmation of postal activities according to regulations.

2. A fine of 5,000,000 10,000,000 for copper to copper acts provide the incorrect postal service service type already committed in the contract agent.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) received the franchise in the postal sector from overseas into Vietnam does not have the franchise contract;

b) represents businesses supplying foreign postal service no contract representative.

4. additional sanctions: deprived of the right to use the confirmation text message postal activities 60 days for violations of the provisions of paragraph 3 of this Article.

Section 3 VIOLATION of REGULATIONS on the QUALITY of the POSTAL SERVICE RATES, Article 18. Violation of regulations on the quality of postal services 1. A fine from 5,000,000 to copper copper 3,000,000 for acts not published or announced incorrect postal service quality in accordance with the law.

2. A fine of 5,000,000 VND to 10,000,000 VND for acts not provided publicly or provide incorrect table service quality announced at the point of service.

3. A fine from 10,000,000 to 15,000,000 copper copper supply behavior for postal services have lower quality quality has announced.

4. additional sanctions: deprived of the right to use the postal license, text message confirmation of postal activities 60 days for violations of the provisions of paragraph 3 of this Article.

Article 19. Violating regulations on postal services rates 1. A fine from 10,000,000 20,000,000 for copper to copper acts specified postal service rates do not properly authorized.

2. A fine of 20,000,000 30,000,000 for the copper to copper behaviour is not built, the State Agency has the authority to assess the postal service rates by State regulations.

3. for violations of rules in the field of other postal rates to be applied under the provisions of the Decree of the Government on sanctioning administrative violations in the field.

4. additional sanctions: deprived of the right to use the postal licence, certificate of postal activity notification 30 days for violations of the provisions of paragraph 1 and paragraph 2 of this Article.

Item 4 in VIOLATION of REGULATIONS on POSTAL PUBLIC UTILITY ACTIVITIES article 20. Violation of rules of public postal network 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not deployed locations in urban, residential focus to the specified business supplying public postal service mail system installation;

b) is not installed or the installation do not correct mailbox rules in condominiums, office buildings;

c) is not installed or installed improperly prescribed public mail systems in residential, urban focus;

d) Not arranged the venue or are not held to the postal service users in condominiums, office buildings make the installation of centralized mailboxes.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) does not make the inspection, repair, maintenance, protection of works in the public postal network;

b) Not installing public mail to accept fundamental message according to the rules.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) invasive postal public works;

b) using specialized transportation are not properly regulated.

4. remedial measures: Forcing restore original state has been modified for violations specified in point a of paragraph 3 of this Article.

Article 21. Violation of regulations on the provision of postal services, public interest 1. A fine from 5,000,000 VND to 10,000,000 VND for unlawful rejection behavior provide public postal service.

2. A fine from 10,000,000 to 15,000,000 copper copper supply behavior for the postal service, public interest, not the full list, the scope of the State Agency has the authority to decide.

3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) does not track private public postal services, postal services reserved;

b) Not reporting or not reporting properly regulated results provide the postal service with competent State bodies about the postage.

4. A fine of 20,000,000 30,000,000 for the copper to copper behavior using the revenue from postal services reserved to subsidize the losses due to the continued provision of the service to other competition under price.

5. remedial measures: Forcing the termination status hinders to postal operations for violations of the provisions of paragraph 1 of this Article.

Section 5 VIOLATED REGULATIONS on POSTAL STAMPS Article 22. Violation of regulations on the use of postage stamps to prepay postage services rates 1. A fine of 1,000,000 to 3,000,000 đồng VND for the behavior to use postage stamps not by the competent State agencies of Government issued postage stamps or Vietnam has marked cancel or postage stamps Vietnam banned circulation or postage stamps not Vietnam intact to prepay the postal service rates.

2. A fine of 5,000,000 3,000,000 Dong to Dong for unauthorized use of foreign postage stamps to prepay the postal service rates in domestic and international postal service from Vietnam to go overseas.

Article 23. Violation of regulations on the use of postage stamps to trade, Exchange, disseminate, display 1. A fine from 5,000,000 to copper copper 3,000,000 for the Save behavior Government Vietnam had yet decided to release of competent State agencies about the postage.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) business, Exchange, display, propaganda postage stamps with content, images, symbols, signs of inappropriate social ethics, customs Vietnam;

b) Sell postage stamps on the public postal network in Vietnam in term of providing incorrect price printed on the face of the stamp, except postage stamps marked destroyed;

c) sale of special postage stamps were offered on the expiry of the public postal network, unless purchased.

3. A fine from 10,000,000 20,000,000 to copper copper for business behavior, Exchange, display, propaganda postage stamps have foreign content and origin do not fit under the notice of the postal authorities of the Member States of the World Postal Union and stamp collector associations.

4. A fine of 20,000,000 30,000,000 VND to Council for business behavior, Exchange, display, propaganda postage stamps have decided to withdraw.

5. A fine of 30,000,000 50,000,000 copper to copper for business behavior, Exchange, display, propaganda postage stamps.

6. Fine fellow to 50,000,000 70,000,000 Council for business behavior, Exchange, display, propaganda postage stamps with content, images, symbols, signs, instigate enmity between peoples, ethnic groups, religions; insurgents the State of the Socialist Republic of Vietnam.

7. additional sanctions: a) confiscated exhibits for violations of the provisions of paragraph 1, point a, paragraph 2, clause 3, 4, 5 and 6 of this Article;

b) deported from the territory of the Socialist Republic of Vietnam for foreigners have violations of the provisions of paragraph 6 of this Article.

8. remedial measures: forcing the withdrawal of illegal benefits there are for violations specified in item 2, 3, 4, 5 and 6 of this Article.

Article 24. Violating regulations on management of postal stamps 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) In Vietnam on the postage stamps of publications that do not use postage stamps with the word "stamps" (specimen) or postage stamps marked cancel except in zoom many times as a pa, posters;

b) do not archive or archive not properly rule on postage stamps or Vietnam profile designs postage stamps Vietnam.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) to print postage stamps not true Vietnam decisions of competent State agencies about the postage.

b) provide information to fake to be import permit postage stamps;

c) imported postage stamps not properly specified in the import permit postage stamps;

d) using the import permit postage stamps have run out of time.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) to use, copy the part or the whole of Vietnam have postage stamps templates browser without writing permission of competent State agencies of Government;

b) does not recover, treat a special postage stamps were issued expiry under the provisions of the State administration authority on postage;


c postal stamps) imported unlicensed import of competent State agencies about the postal service under the provisions of the law.

4. A fine of 30,000,000 VND to 40,000,000 for the copper acts in Vietnam postage stamps without a decision of the competent State agencies of Government.

5. additional sanctions: a) deprived of the right to use the import permit postage stamps indefinitely for violations of the provisions of point b, d item 2 of this Article;

b) confiscated exhibits for the violations stipulated in art. 2, art. 3 and paragraph 4 of this Article.

6. remedial measures: Forcing the postal stamps appeared for violations specified in point c, d paragraph 2, point c of paragraph 3 of this Article.

Item 6 VIOLATION of RULES on claims, COMPENSATION for DAMAGE; REPORT MODE; ABOUT the EXECUTIVE TEST, Inspector of the COMPETENT STATE BODIES article 25. Breach of rules on claims, compensation for damage in the supply and use of postal services 1. A fine from 500,000 to 1,000,000 VND VND for acts refuse to accept complaints.

2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) complaint resolution not properly allotted time;

b) does not reimburse the cost of the service already use when not guaranteed full time process was announced.

3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) issued complaint resolution processes relating to postal services;

b) No damages or compensation are not rules of law.

4. A fine of 5,000,000 VND to 10,000,000 VND for acts not considered solved or do not report results to resolve the complaint as required by competent State bodies.

5. remedial measures: Forcing the refund service charges for violations specified in point b of paragraph 2 of this Article.

Article 26. Breach of rules on reporting mode 1. A fine of 1,000,000 to 3,000,000 đồng VND for slow behavior reported to 15 days compared to regulations or as requested by competent State bodies.

2. A fine of 5,000,000 3,000,000 Dong to Dong for incomplete reporting behaviour according to the regulation, at the request of the competent State bodies.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not make a report or report mode is slow on a 15-day than prescribed or required by the competent State agencies;

b) dishonest report as prescribed or required by competent State bodies.

Article 27. The Executive is not the behavior Inspector, inspection of competent State agencies 1. A fine of 1,000,000 to 3,000,000 đồng VND for acts provided incomplete documents, papers, relevant documents at the request of the competent person inspection check.

2. A fine of 5,000,000 3,000,000 Dong to Dong for acts not provided, do not declare or incorrect Declaration of the content related to the inspection, check.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) obstruct the inspectors, of inspection staff, State agencies when on duty;

b) provide no honest figures, documents inspection.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) Pipe riveted exhibits, the media breached are being inspected, examined or custody;

b) arbitrarily remove seal exhibits violation are being sealed or custody.

5. Fine fellow to 20,000,000 15,000,000 VND acts with respect to delay, evade does not enforce the administrative decision of the Inspector of the authority.

6. remedial measures: a) the Forced recovery of exhibits, the media have gone to scatter for violations specified in point a of paragraph 4 of this Article;

b) Forced to restore original state has been modified for violations specified in point b of paragraph 4 of this Article.

Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 28. The authority sanctioning administrative violations of inspection information and communication 1. Inspectors information and communications are on duty.

a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000;

d) apply remedial measures prescribed in points a, c and g, paragraph 3 article 5 of this Decree;

DD) make the rights stipulated in Article 19, paragraph 2, point 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and item 2 Article 48 Ordinance on handling administrative violations in 2002.

2. The Chief Inspector of the Department of communication and media authority: a) caution;

b) a fine of up to 30,000,000 VND;

c) Deprived the right to use the license, a confirmation message text postal activities in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures as specified at points a, c, d, e, f, g and h of article 5 paragraph 3 of this Decree;

e) make the rights specified in paragraph 1, point 19 article 1 amending Ordinance, supplementing some articles of the Ordinance on handling administrative violations in 2008.

3. The Chief Inspector of the Ministry of information and communication has the authority: a) caution;

b) fines to 70,000,000;

c) Deprived the right to use the license, a confirmation message text postal activities in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures as specified at points a, c, d, e, f, g and h of article 5 paragraph 3 of this Decree;

e) make the rights stipulated in Article 19, paragraph 1 l point Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Article 29. The authority sanction of discipline inspection in the range State management authority are government regulations and inspectors, Chief Inspector of the inspection agencies of the other majors are authorized sanctions against administrative violations in the postal sector in the field of governance.

Article 30. The authority sanction of the people's Committee of the people's Committee Chairman granted the right to sanction according to the jurisdiction rules in paragraph 4, 5 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and 30 Ordinance handling administrative violations in 2002 within the area by themselves for the management violations of the administration of postal service are specified in this Decree.

Article 31. The authority sanction of the people's police, the border guard. The coast guard, customs, tax authorities, the agency managing the competition, market management agency public security, border guard, Coast Guard, customs, tax authorities, the agency managing the competition, market management agency has the right to sanction by the authority specified in clause 6 , 7, 8, 9, 11, 15 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and 37 Ordinance on handling administrative violations in 2002 for administrative violations of the relevant postage directly to their management areas specified in this Decree.

Article 32. Delineate the authority sanctioning administrative violations 1. In the case of administrative violation under the jurisdiction of many sanctions, the sanctions by accepting the first made.

2. The Authority sanction of those set forth in articles 28, 29, 30 and 31 of this Decree is the authority to apply for an administrative violation. In the case of a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.

3. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the principle specified in point 3 paragraph 17 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Article 33. Procedure for sanctioning of administrative violations and enforcement of the sanction decision.

1. procedure for sanctioning of administrative violations in accordance with the Ordinance on handling administrative violations and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.

2. The application of coercive measures to enforce the decision sanctioning administrative violations made under the provisions of Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations and clause 27 article 1 amending Ordinance , the addition of some articles of the Ordinance on handling administrative violations in 2008.

3. The administrative infringement sanctioned shall be established and kept at the Agency fully sanction within the time limit prescribed by law.

Article 34. Sample documents, sample decided to use in sanctioning administrative violations in the field of postal attached to this Decree's annex of the model and the model decision thereon used in sanctioning administrative violations in the postal sector.

Chapter IV the TERMS OF IMPLEMENTATION of Article 35. Effective enforcement of this Decree has effect as from October 1, 2011 and supersedes section 1, chapter II, Decree No. 142/2004/ND-CP of July 8, 2004 regulations sanctioning administrative violations of postal, telecommunications and radio frequency, Decree No. 55/2010/ND-CP dated 24 May 2010 revised supplement some articles of Decree No. 142/2004/ND-CP of July 8, 2004 regulations sanctioning administrative violations of postal, telecommunications and radio frequency.

Article 36. Responsible for enforcement of the Minister of information and media, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree. 






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