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The Decree 51/2010/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Radio Frequency

Original Language Title: Nghị định 51/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực tần số vô tuyến điện

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

Pursuant to the law of radio frequency power on November 23, 2009;

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 rules violations, the form, the level of sanction and authority sanctioning administrative violations regarding radio frequencies, radio equipment, satellite orbits and radio radiation safety, electromagnetic compatibility (hereinafter referred to as the radio frequency fields).

2. Administrative violations in the field of radio frequency is intentional or unintentional acts of individuals, agencies and organizations (hereinafter referred to as individuals, organizations) violates the provisions of the law on State management in the field of radio frequency that is not a crime and under the provisions of the law must be sanctioned administratively.

Article 2. The principle of sanctioning the principle of sanctioning administrative violations in the field of radio frequency was made according to the provisions of article 3 of the Ordinance on handling administrative violations, 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 and the Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations in 2008.

Article 3. Time limits sanctions 1. Time sanctioning administrative violations in the field of radio frequency is one year from the date of the administrative offense was made.

With regard to violations of the rules regarding the fees 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 field of radio frequency to the 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 3 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 referred to in paragraphs 1 and 2 of this Article, then no sanctions but still apply remedial measures prescribed in article 4 paragraph 3 of this Decree.

4. Within the time limit specified in paragraph 1 and 2 of this Article if the individual, organization, implement new administrative violations in the field had previously violated 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 4. The sanctions administrative violations in the field of radio frequency and remedial measures 1. For each administrative violations, the individual, the organization suffered a breach in the sanctions: a) caution;

b) fine.

2. Depending on the nature and extent of the violation, individual, organization, administrative violations can be applied one or the additional sanctions: a) deprived of the right to use the licence to use frequency and radio equipment, the license to use the frequencies and satellite orbits , the license to use the frequency band, radio officer certificate from 1 month to 3 months or indefinitely;

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) Access fee used to frequency in time using unlicensed frequency;

b) Compel filed into State budget amount is due to the implementation of administrative violations;

c) Required to comply with the law or regulations of the competent authority;

d) forced the termination of the lease, to borrow the radio equipment;

DD) forced the withdrawal, forcing recycling, forced back, forcing the suspension of use, forced change of the purpose of use frequency, radio equipment, electrical equipment, electronic equipment;

e) Tying compensation, forcing restore original state;

g) forced the suspension of work in collaboration with the organization uses radio frequency, satellite orbit;

h) forced the withdrawal of records, documents, equipment, exhibits, the media has gone.

Chapter II ADMINISTRATIVE VIOLATIONS in the FIELD of RADIO FREQUENCY, FORM and LEVEL of SANCTIONS 1. VIOLATION of the REGULATIONS on the LICENSING and USE of RADIO FREQUENCIES article 5. Violation of the regulations on licenses 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts not to declare, not to do the procedure level maximum license back after 15 days since the change of the personal name, organization of licensed or license is lost or damaged licenses for one of the following license types : a) licence to use frequency and radio equipment for amateur radio stations;

b) licence to use frequency and radio equipment for radio stations placed on means of fishing;

c) licence to use frequency and radio equipment for the radio station communicating with fishing craft media.

2. A fine of from 500,000 to 1,000,000 VND VND for acts not to declare, not to do the procedure level maximum license back after 15 days since the change of the personal name, organization of licensed or license is lost or damaged licenses for one of the following license : a) licence to use frequency and radio equipment for wireless radio;

b) licence to use frequency and radio equipment for radio equipment for the purpose of introducing technology at exhibitions, fairs.

3. A fine of from 1,000,000 to 2,000,000 VND VND for acts not to declare, not to do the procedure level maximum license back after 15 days since the change of the personal name, organization of licensed or license is lost or damaged licenses for one of the following license : a) licence to use frequency and radio equipment for radio communication network internal power;

b) licence to use frequency and radio equipment for private use telecommunications networks using the mobile service in frequency.

4. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not to declare, please check the license again after 15 days since the change of the personal name, organization of licensed or license is lost or damaged licenses for one of the following license : a) licence to use frequency and radio equipment for microwave transmission lines;

b) licence to use frequency and radio equipment for radio and television equipment;

c) licence to use frequency and radio equipment for the radio station;

d) licence to use frequency and radio equipment for satellite earth stations;

DD) license to use frequency and radio equipment for fixed stations, banks, individual equipment, and other cases.

5. A fine from 5,000,000 VND to 10,000,000 VND for acts not to declare, please check the license again after 15 days since the change of the personal name, organization of licensed or license is lost or damaged licenses for one of the following license : a) license to use the frequency band;

b) license to use frequencies and satellite orbits.

6. Fine fellow to 20,000,000 30,000,000 VND for the repair behaviour, erased changing the license content or dishonest information Declaration to be issued or renewed or modified, a supplement in the license are stated in paragraph 1, 2, 3, 4 and 5 of this Article.

7. A fine of 30,000,000 50,000,000 for copper to copper behavior dishonest information Declaration to be participating in the auction, rights to use radio frequencies or to be granted a license to use frequencies and satellite orbits.

8. additional sanctions: deprived of the right to use license from 1 month to 3 months or indefinitely for violations of the provisions of clause 6 and clause 7 of this.

Article 6. Violation of the regulations on use frequency, radio equipment 1. A fine from 500,000 to 1,000,000 copper copper on a device for one of the following behaviors: a) antenna radio broadcast equipment the wrong location or set of radio electric equipment wrong location specified in the licence to use frequency and radio equipment within the , central cities.

b) misuse the provisions in the license to: identification or coral, hours of operation, the antenna specification, the play method, standard system, the purpose of use, the contact object;

c) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the technical standards as specified by the law for broadcast equipment has a capacity less than or equal to 150 W.

2. A fine of from 1,000,000 to 2,000,000 bronze copper on a device for one of the following behaviors: a) antenna radio broadcast equipment in the wrong place or put radio broadcast equipment wrong location specified in the licence to use frequency and radio devices outside the scope of the , central cities;

b) using the wrong profession specified in the licence;

c) using frequency, radio broadcast equipment has a capacity less than or equal to 150 W no license;

d) using frequency, radio broadcast equipment has a capacity less than or equal to 150 W when it had decided to suspend or terminate the operation of the competent State agencies;


DD) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the other technical regulation in accordance with the law of Vietnam for broadcast equipment has a capacity greater than 150 W and less than or equal to 1 kW;

e) using the frequency is not correct with the frequency specified in the licence to use frequency and radio broadcast equipment for the equipment has a capacity less than or equal to 150 W.

3. A fine of 2,000,000 to 5,000,000 đồng VND from on a device for one of the following behaviors: a) using frequency, radio broadcast equipment has a capacity greater than 150 W and less than or equal to 500 W no license;

b) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the other technical regulation in accordance with the law of Vietnam for broadcast equipment has a capacity greater than 1 kW and less than or equal to 5 kW;

c) using frequency, radio broadcast equipment has a capacity greater than 150 W and less than or equal to 500 W when it had decided to suspend or terminate the operation of the competent State agencies;

d) using the frequency is not correct with the frequency specified in the licence to use frequency and radio broadcast equipment for devices with a capacity of greater than 150 W and 500 W or smaller.

4. A fine of 5,000,000 VND to 10,000,000 on a device for one of the following behaviors: a) using frequency, radio broadcast equipment has power greater than 500 W and less than or equal to 1 kW without license;

b) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the other technical regulation in accordance with the law of Vietnam for broadcast equipment has a capacity greater than 5 kW and 10 kW or smaller;

c) using frequency, radio broadcast equipment has power greater than 500 W and less than or equal to 1 .5kW when it had decided to suspend or terminate the operation of the competent State agencies;

d) using the incorrect frequency the frequency specified in the licence to use frequency and radio broadcast equipment for large capacity devices over 500 W and 1 kW or smaller.

5. A fine from 10,000,000 VND to 20,000,000 on one device for one of the following behaviors: a) using frequency and radio equipment have a capacity greater than 1 kW and less than or equal to 5 kW no permit;

b) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the other technical regulation in accordance with the law of Vietnam for broadcast equipment has a capacity greater than 10 kW and less than or equal to 20 kW;

c) using frequency, radio broadcast equipment has a capacity greater than 1 kW and less than or equal to 5 kW when it had decided to suspend or terminate the operation of the competent State agencies;

d) using the frequency is not correct with the frequency specified in the licence to use frequency and radio broadcast equipment for devices with a capacity of greater than 1 kW and less than or equal to 5 kW.

6. Fine fellow to 20,000,000 30,000,000 VND on a device for one of the following behaviors: a) using frequency, radio broadcast equipment has a capacity greater than 5 kW and less than or equal to 10 kW without license;

b) exceed the capacity specified in the licence to use frequency and radio broadcast equipment or do not ensure the other technical regulation in accordance with the law of Vietnam for broadcast equipment has a capacity greater than 20 kW;

c) using frequency, radio broadcast equipment has a capacity greater than 5 kW when it had decided to suspend or terminate the operation of the competent State agencies;

d) using the frequency is not correct with the frequency specified in the licence to use frequency and radio broadcast equipment for large capacity equipment more than 5 kW.

7. A fine of 30,000,000 VND to 40,000,000 on a device for unauthorized use of satellite earth stations are not properly defined in the license.

8. Fine of 40,000,000 to 50,000,000 on a device for one of the following behaviors: a) using frequencies and satellite orbits, radio equipment, satellite information is incorrect with the provisions in the licence;

b) does not comply with the rules of communication when the train, vessel of Vietnam or overseas, on, stay at the airport, the seaport of Vietnam;

c) using frequency-band out of bounds granted under the license;

d) Have emission levels beyond frequency exceeds the allowed in the license to use the frequency band;

DD) Have emission levels beyond the coverage exceeds the allowed in the license to use the frequency band;

e) misuse or wrong purposes specified radio frequencies reserved for emergency purposes, secure, search, rescue, rescue, defense and security;

g) using satellite earth stations do not have a license to use frequency and radio equipment.

9. Fine fellow to 70,000,000 50,000,000 on a device for one of the following behaviors: a) using frequency, satellite orbit without license;

b) using frequency and radio equipment have a capacity greater than 10 kW without license;

10. Fine fellow to 100,000,000 đồng 70,000,000 on a device for unauthorized use of unlicensed band.

11. additional sanctions: a) deprived of the right to use license from 1 month to 3 months for violations specified in point c, d, DD, e, paragraph 8;

b) confiscated exhibits, means to make violations specified in point c, paragraph 2; point a paragraph 3; point a paragraph 4; art. 5; art. 6; clause 7; clause 9; clause 10 of this.

12. Remedy the consequences: the charge using the frequency in time using unlicensed frequencies for the violations specified in point c of paragraph 2; point a paragraph 3; point a paragraph 4; art. 5; art. 6; clause 9; clause 10 of this.

Article 7. Violation of the provisions on transfer of rights to use radio frequencies 1. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) the transfer of rights to use radio frequencies but without the consent in writing of the Ministry of information and communications;

b) dishonest declarations about the transfer of records to get the right to use radio frequencies.

2. remedial measures: Forcing filed into State budget amount is due to the implementation of administrative violations as defined in art. 1 of this article.

Article 8. Violate the rules of hire, borrow the radio equipment 1. A fine from 500,000 to 1,000,000 VND VND for acts not to fill out the lease, borrow the radio equipment in one of the following: a) the name, address, contact phone number (or other contact method) of the lessees, on borrowed equipment);

b) Number of licenses to use radio frequency and radio equipment;

c) frequency of use;

d) contact time;

DD) lease, lend radio equipment;

e) on handing over radio equipment.

2. A fine of from 1,000,000 to 2,000,000 VND VND for behavior modification, additional content the lease, borrow the radio equipment when changing the content license to use frequency and radio equipment.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) Not to profile, lend lease with radio equipment;

b) Not kept a copy certified pursuant to certificates or passports for longer duration of individual rent, borrow; or a copy certified pursuant to decision established or business registration certificate or certificate of the Organization's investment, borrow or hire copies are certified in accordance with radio certification member of lessees, on loan or lease contract, to borrow the radio equipment;

c) do not send, lend lease for radio frequency Bureau or send, lend lease but have radio equipment delivery within 5 days after sending.

4. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a dishonest Declaration) to rent, borrow the radio equipment;

b) For the object is not specified in clause 1 article 19 of law radio frequency equipment, borrow hire.

5. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) do not terminate the lease, lend your wireless device when the parties no longer borrow rent, lease, or loan needs personally, organizing for rent, lend, lease, borrow violates the law and is applied to the form of license revocation or suspension;

b) does not cancel the lease, lend your wireless device within 7 days from receiving notice of cancellation requests of competent authorities;

c) cancel the lease, lend radio equipment but did not notify in writing for radio frequency Center area.

6. remedial measures: a) enforce the provisions of the law for violations of the provisions of paragraph 1, paragraph 2 and paragraph 3 of this article;

b) forced the termination of the lease, to borrow the radio equipment for the violations stipulated in clause 4 and points a, b paragraph 5 of this Article.

Article 9. Violation of regulations on the use of radio frequency General 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) the conversation beyond the purpose of serving for the job, not the right audience, the right is not the purpose of use in the license;

b) set up a call when the radio frequency channel is busy except when related to emergency, human life safety;

c) use brand identity signal, coral is not correct or does not use the identity signal, coral as specified in the licence to use frequency and radio equipment;

d) continuous contact time exceed 5 minutes;

DD) did not start or end in coral each call.


2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) switch to the backup frequency in case the main fixed-frequency disturbances or no no individuals, other organizations use;

b) intentionally collect or use information obtained from other radio stations use radio frequency in common.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the acts is not using the correct encoding by radio frequency level when using the encrypted signals.

4. remedial measures: enforce correct provisions of the law for violations of the provisions of paragraph 3 of this article.

Article 10. Violation of rules of the offer, using radio frequency device does not need a licence 1. A fine from 500,000 to 1,000,000 VND VND for unauthorized use of the equipment in the radio equipment list does not need a license but do not comply with the technical conditions and exploitation for radio equipment license exemption.

2. A fine of from 1,000,000 to 2,000,000 VND VND for the behavior of production or import or circulation equipment in the radio equipment list does not need a license but not published, ensuring the appropriate equipment with technical conditions and exploitation.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for the behavior of production or import of the equipment in the radio equipment list does not need a license but do not match the parameters, the standard was announced.

4. remedial measures: enforce correct provisions of the law for violations of the provisions of paragraph 1, paragraph 2 and paragraph 3 of this article.

Article 11. Violation of the regulations on fees The violation about fees in the radio-frequency electric fields are applied according to the Decree of the Government sanctioning administrative violations in the field of fees.

Article 12. Violation of the regulations on radio membership certificate 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) the exploitation of radio equipment in the profession requires radio staff certificate but no radio certificate suitable staff due to the competent bodies;

b) declarations, provide information not honest to radio certificate.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) the use of the radio certificate or use the radio staff certificate does not conform to exploit radio equipment belonging to businesses requires a radio certificate;

b) forgery, erased, corrected the certificate to radio harness radio equipment belonging to businesses requires a radio certificate.

3. additional sanctions: deprived of the right to use the radio certificate for the violations specified in point b of paragraph 1, point b of paragraph 2 of this Article.

4. remedial measures: enforce correct provisions of the law or of the competent authorities for violations of the provisions of paragraph 1 and paragraph 2 of this Article.

Article 13. Violation of the regulations on use frequency and radio equipment in case of emergency 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) using frequency and radio equipment not specified in the license to call an ambulance but did not inform the specialized administration of the maximum after 15 days after the end of the emergency event;

b the emergency alarm), while emergency vehicles, people still are in safe condition without major reform measures soon.

2. remedial measures: enforce correct provisions of the law for violations of the provisions of paragraph 1 of this article.

Article 14. Violation of the regulations on radio frequency planning 1. A fine from 10,000,000 20,000,000 for copper to copper acts produced or imported for use or circulation on the market radio equipment, equipment for radio-wave application does not match the radio frequency planning of Vietnam.

2. remedial measures: Forcing the withdrawal, forcing recycling, forced back with radio equipment for production, import behavior administrative violations stipulates in paragraph 1 of this article.

Section 2 VIOLATIONS of the REGULATIONS on the QUALITY of RADIO EMISSION, RADIATION SAFETY and COMPATIBLE RADIO ELECTRONICS article 15. Violation of the regulations on the quality of radio radiation 1. A fine from 200,000 to 500,000 Dong Dong for sale behavior with radio equipment list with radio equipment capable of causing harmful interference to the certificate of conformity, conformity announced but no certificate of conformity or non-conformity or non-disclosure have marked with conformity.

2. A fine from 10,000,000 to 15,000,000 VND VND for the behavior of production or import radio equipment list with radio equipment capable of causing harmful interference to the certificate of conformity, conformity announced before putting into circulation on the market but does not perform one of the following activities : a) conformity certificate;

b) publish conformity;

c) conformity mark.

3. A fine of 30,000,000 for the copper to copper 25,000,000 acts produce or import radio equipment list with radio equipment capable of causing harmful interference to the certificate of conformity, conformity announced but the quality is not consistent with the respective technical regulation has been certified.

4. remedial measures: a) enforce rules of law for violations of the provisions of paragraph 1 and paragraph 2 of this Article;

b) Forced recovery of radio devices are circulating on the market; forced change of the purpose of use; recycle or re-export of imported radio equipment violated the provisions in clause 3 of this article.

Article 16. Violation of the regulations on radiation safety with Radio 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) Selling the device in the radio equipment list, radio application equipment capable of causing loss of radio radiation safety must certify conformity, conformity announced but no certificate of conformity or non-conformity or non-disclosure have marked with conformity;

b) does not comply with the provisions on secure radio radiation when using radio stations, radio equipment, radio application equipment.

2. A fine from 10,000,000 to 15,000,000 VND VND for the behavior of production or import of the equipment in the radio equipment list, radio application equipment capable of causing loss of radio radiation safety before putting into circulation on the market or use but do not perform one of the following activities : a) conformity certificate;

b) publish conformity;

c) conformity mark.

3. A fine of 30,000,000 for the copper to copper 25,000,000 acts included radio stations in radio stations catalog mandatory radiation safety control for power in use but do not perform the inspection.

4. remedial measures: Forcing the withdrawal, forcing the suspension of the use of radio equipment, equipment for radio-wave application for violations of the provisions of paragraph 1, paragraph 2 and paragraph 3 of this article.

Article 17. Violating regulations on management of electromagnetic compatibility 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) Selling electrical, electronic equipment containing radiation in radio navigation equipment have potentially unsafe due to incompatible power from the provisions of paragraph 3 or paragraph 4 article 15 of law radio frequency but do not have the certificate of conformity or non-conformity or non-disclosure has marked with conformity;

b) does not comply with the regulations on the management of the electromagnetic compatibility when using electrical equipment, electronic radio radiation.

2. A fine from 10,000,000 to 15,000,000 VND VND for the behavior of production or import electrical, electronic equipment containing radiation in radio navigation equipment have potentially unsafe due to incompatible power from the provisions of paragraph 3 or paragraph 4 article 15 of law radio frequency before putting into circulation on the market but does not perform one of the following: a) the certificate of conformity;

b) publish conformity;

c) conformity mark.

3. A fine of 30,000,000 for the copper to copper 25,000,000 acts produce or import electrical, electronic equipment containing radiation in radio navigation equipment have potentially unsafe due to incompatible power from the provisions of paragraph 3 or paragraph 4 article 15 of law radio frequency but the quality is not consistent with the respective technical regulation has been shown receive.

4. remedial measures: a) enforce rules of law for violations of the provisions of paragraph 1 and paragraph 2 of this Article;

b) Forced recovery of electrical, electronic devices are in circulation on the market; forced change of the purpose of use, recycled or re-export, electrical equipment, electronic equipment imports violated the provisions in clause 3 of this article.

Section 3 VIOLATION of REGULATIONS on the HANDLING of HARMFUL INTERFERENCE to article 18. Violation of the regulations on May 1. Caution or a fine of from 500,000 to 1,000,000 copper copper on a device or a noise source for acts not done properly the technical standards according to provisions of the law on the management of the electromagnetic compatibility (EMC) for the radio equipment, radio application equipment and radiation equipment cause harmful interference with radio for : a) the public telecommunication network, telecommunications network using private and specialized telecommunications network;

b) channel, the frequency of radio broadcasting, television or radio broadcasts.


2. A fine of 2,000,000 to 5,000,000 đồng VND from for use with radio broadcast equipment does not guarantee the technical regulation or not properly regulated by competent State bodies may for private telecommunications networks, specialized telecommunications network or channel frequency radio broadcasting tv, radio, or other power within the province, the central cities.

3. A fine fellow to fellow 30,000,000 20,000,000 words for use with radio broadcast equipment not properly specified in the licence or not properly regulated by the competent State agencies, causing harmful interference with respect to: a fixed telecommunications Network) in the country, international;

b) private telecommunications networks, telecommunications networks used frequency or channel to broadcast radio, television or radio broadcast, the other has a scale in the country;

c) public mobile telecommunications Networks, satellite fixed telecommunications network of the public telecommunications networks, satellite, mobile radio communication network in Maritime Electric.

4. A fine of 30,000,000 50,000,000 for copper to copper use radio broadcast equipment not properly specified in the licence or not properly regulated by competent State agencies cause harmful interference with respect to: a) backbone system Telecom countries;

b) private telecommunications networks, telecommunications networks used frequency or channel to broadcast radio, television or the currency, national radio broadcast, international;

c) frequency call, soup, rescue, rescue, safety alerts, signals international and national standards.

5. Fine fellow to 50,000,000 70,000,000 Council for one of the following behaviors: a) use radio broadcast equipment intentionally causing harmful interference can impede the operation of information networks and radio information system;

b) use radio broadcast equipment cause harmful interference but does not make the request of the State Agency of competent jurisdiction on the application of the technical measures necessary to remedy the disturbances;

c) did not apply the prescribed remedies, or at the request of the competent bodies to handle harmful interference.

6. Fine fellow to 70,000,000 100,000,000 contract for one of the following behaviors: a) use equipment cause harmful interference to radio communication, navigation, search, rescue, rescue, Defense Security, when there were asked to stop using the equipment of competent State agencies;

b) undermining the technical infrastructure or impede unlawful building technical infrastructure power legally.

7. additional sanctions: confiscated exhibits, the means used to administrative violations specified in clause 6 of this Article.

8. remedial measures: a) enforce provisions of the law on the management of the electromagnetic compatibility (EMC) for the violation in paragraph 1 of this article;

b) Forcing or compensation required to restore the original state because of violations specified in point b of paragraph 6 of this Article.

VIOLATIONS of section 4 of the REGULATIONS on registration, INTERNATIONAL COORDINATION of RADIO FREQUENCIES, ORBITAL SATELLITE article 19. Violation of the regulations on the international registration of radio frequencies, orbital satellite 1. A fine of 30,000,000 50,000,000 for copper to copper acts don't do prescribed procedures to register, the international coordination of radio frequencies, the satellite orbit in the following cases: a) using frequency and radio equipment is capable of causing harmful interference to the radio services of other countries;

b) using radio frequency for radio communication system;

c) using radio frequencies were allocated to international organizations in other countries;

d) using radio frequency in one of the cases to make coordination under international agreements or international treaties to which Vietnam is a member.

2. A fine of from copper to copper 70,000,000 50,000,000 for the manifest behavior dishonest information in the registration dossier with radio frequencies and satellite orbits or profiles radio frequency registration.

3. additional sanctions: deprived of the right to use the license to use the frequencies and satellite orbits from 1 to 11 months for violation of the provisions in paragraph 2 of this Article.

4. remedial measures: forcing the suspension of the use frequency and radio equipment for the violations stipulated in paragraph 1 of this article.

Article 20. Violate the rules of international coordination 1. A fine of 30,000,000 VND to 50,000,000 Council for misconduct involved coordinating radio frequencies and satellite orbits or radio frequency with radio frequency management of the Nations under the provisions of the law.

2. A fine of from copper to copper 70,000,000 50,000,000 for acts in coordination with the organization uses radio frequencies, foreign satellite orbit when the Ministry of information and communication.

3. the remedial measures: Forcing suspension of the cooperation with the Organization of the use of radio frequencies, orbital satellite carrying foreign violations of the provisions in paragraph 2 of this Article.

Section 5 VIOLATED the RULES on REPORTING, FAIL the test, the CONTROL of the COMPETENT STATE BODIES article 21. Violation of the provisions on reporting mode 1. A fine from 1,000,000 to 2,000,000 VND VND for slow behavior reported to 15 days compared to regulations or as requested by competent State bodies.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) the incomplete reports as prescribed or required by the competent State agencies;

b) report on the 15-day delay compared with the regulations or as requested by 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 the prescribed reporting mode or at the request of the competent State agencies;

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

4. remedial measures: enforce regulations for violations in item 1, item 2 and item 3 of this article.

Article 22. Acts impedes, against employees, State bodies the duty Inspector, checking 1. Caution or a fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) is not provided or not provided in full documents, papers, relevant documents at the request of the competent person inspected, checked;

b) undeclared or declared not true about the content related to the inspection, check;

c) concealed records, exhibits, vehicle, equipment violation;

d) hindering the unauthorized inspection, inspection of competent people are on duty;

DD) spokesperson, abusive action, threatened, insulted the honor, the dignity of people who are on duty but not yet to the level of prejudice to criminal responsibility.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Pipe riveted records, documents, content-related equipment inspections, checks or pipe riveted exhibits, means of hold violations;

b) arbitrarily remove seal exhibits, the media breached are being sealed or custody;

c) Formed or forged records, documents and data to report as required.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) postpone, evade inspection decision enforcement;

b) Not coordinated with specialized management agencies radio frequency to detect the source of interference or noise processing.

4. additional sanctions: a) deprived of the right to use license from 1 month to 3 months for violations specified in paragraph 1, paragraph 2 and paragraph 3 of this article;

b) confiscated exhibits, the means used to administrative violations stipulates in paragraph 2 of this Article.

5. remedial measures: Forcing withdrawal of records, documents, equipment, exhibits, the media have gone to scatter for violations specified in point a of paragraph 2 of this.

Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 23. The authority sanctioning administrative violations of professional inspection of radio frequencies 1. Specialized inspectors and information media, who are tasked with inspection specialized radio frequency are on duty has the authority: 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: in accordance with the points a and c of paragraph 3 to article 4 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 Justice Inspector of Department of information and media, heads are delivered implementation specialist Inspector function radio frequency electricity authority: a) caution;

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

c) Deprived the right to use the license, certificate of practice;

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

DD) apply remedial measures prescribed in points a, c, d paragraph 3 to article 4 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 up to 100,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

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

DD) apply remedial measures prescribed in points a, c, d paragraph 3 to article 4 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.


4. specialized inspectors and information media, who are tasked with inspection specialized radio frequency, the Chief Inspector of Department of information and media, heads are delivered implementation specialist Inspector function radio frequency power, Chief Inspector of the Ministry of information and communication has the authority sanctioning administrative violations of the frequency , fees and use of radio frequencies in accordance with the law.

Article 24. 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 management, radio frequency use in the field of governance.

Article 25. The authority sanction of the people's Committee of the people's Committee Chairman issued the punishment authorized under the authority of the provisions of 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 has been modified in the revised Ordinance some articles of the Ordinance on handling administrative violations in 2008 within the area of management by themselves for administrative violations of radio frequencies are specified in this Decree.

Article 26. The authority sanction of the people's police, border guard, Coast Guard, customs, tax authorities, market management agency the police people, border guard, Coast Guard, customs, tax authorities, market management agency has the right to sanction by the authority specified in clause 6 , 7, 8, 9, 11 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 radio frequencies are related directly to their management areas specified in this Decree.

Article 27. 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 prescribed in articles 23, 24, 25 and 26 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 28. Procedure for sanctioning of administrative violations and enforcement of punishment decisions 1. Procedure for sanctioning of administrative violations in accordance with the Ordinance on handling administrative violations in 2002, Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the two Ordinances on.

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 29. Sample documents, sample decided to use in sanctioning administrative violations in the field of radio frequency attached to this Decree's annex and decision thereon patterns used in sanctioning administrative violations in the field of radio-frequency chapter IV article 30 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since January 1st, 2011 and the repeal of section 3 of chapter II of decree 142/2004/ND-CP of July 8, 2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency.

Article 31. Responsible for enforcement of the Minister of information and media, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.