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Decree No. 55/2010/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 142/2004/nd-Cp Of July 8, 2004 Of The Government Sanctioning Administrative Violations Of Postal, Telecommunications And Your Perip ...

Original Language Title: Nghị định 55/2010/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 142/2004/NĐ-CP ngày 08 tháng 7 năm 2004 của Chính phủ quy định xử phạt vi phạm hành chính về bưu chính, viễn thông và tầ...

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DECREE amending and supplementing a number of articles of Decree No. 142/2004/ND-CP of July 8, 2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency base GOVERNMENT Government Organization Law on 25 December 2001;
Postal Ordinance base, telecomunication on 25 May 2002;
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: article 1. Modified, additional articles 6, 7, 9 and 10 of decree 142/2004/ND-CP of July 8, 2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency: 1. Article 6 is modified and supplemented as follows: "article 6. Sanctioning administrative violations regarding the operation of the public postal network, network delivery 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) not listing service opening hours at postal service points, transactions;
b) Not hanging at the trading post, point of service, corporate head office, branch office, Representative Office;
c) do not provide publicly or provide incorrect, incomplete relevant information about the services that are provided at the trading post, point of service;
d) not open or opened postal service points, trading correct time not listed;
DD) Not listed or listed the lack of information about the time and the number of collectors of the day on public mail;
e) not open to public mail according to the number and the time already listed.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) using specialized transportation for postal freight, cargo rules or the use of postal equipment, postal, the served are not properly regulated;
b) use colors and logos on specialized transportation, post, public mail not right with templates is registered with the State Management Agency of competent jurisdiction;
c) Vietnam postal does not perform the correct postal code regulations of the Ministry of information and communications;
d) unauthorized move the location of the equipment, the facilities of the public postal network;
DD) business courier service does not have confirmation of reported activities of State administration authorities;
e) does not make the report back to the governing body of the competent State when changing templates supply contracts and the use of the service, pricing, quality of service, the limit of liability in damages;
g) is not automatically published service quality standards as specified;
h) is not installed or installed improperly regulated postal mail in the building from five independent mailing address above.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Close, opened the trading post offices, postal border no decision of the Ministry of information and communications;
b) Do change the status, damaging or losing the effect of the equipment, the facilities of the public postal network;
c) set up and organize the postal network operation improperly used the provisions of the State administration organs competent;
d) Vietnam postal priority shipping and not mined for pockets, packages of specialized postal network;
DD) unauthorized use of the phrase "post Vietnam".
4. remedial measures: a) Forced to restore original state has been changed due to administrative violations cause for violations specified in point d of paragraph 2 and point a, b paragraph 3 of this Article;
b) Force made the right decisions, regulations of the State administration organs competent for violations specified in point b, h item 2 of this Thing. "
2. Article 7 is modified and supplemented as follows: "article 7. Sanctioning administrative violations regarding secure postal delivery network, network 1. A fine from 500,000 to 1,000,000 copper copper for use on markers of postal service points, not the right time, with the location to provide service.
2. A fine of 1,000,000 to 3,000,000 đồng VND for slow playback behavior of mail, parcels, parcel, package, goods to people who use the service.
3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) check unlawful mail packages, bags, postcards, parcels, packages, bales of goods in transit;
b) examine, unlawful seizure of mail, packages, bags, parcels, postal service, packages.
4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) delayed, denied or there are other behavior intended to evade the implementation of the decision of the State administration authority on the mobilization of the media, the device ensuring the transport of material dispatch , serves the needs of information in case of emergency without prejudice to criminal liability;
b) prevent unlawful exploitation, transport bags, packages, parcels, post messages, events, package goods;
c) made no proper measures to ensure the safety and security of postal services, courier.
5. A fine from 10,000,000 20,000,000 for copper to copper acts Business Courier, postal services do not apply measures to ensure safety and security in business services.
6. Fine fellow to 20,000,000 30,000,000 VND for business conduct postal services, Courier is not coordinated, meet the conditions necessary to the State agency authorized to conduct the business regulatory measures.
7. A fine of 30,000,000 50,000,000 for the bronze until the post Vietnam behavior do not apply measures to ensure information security when shipping and harness kits, packages of specialized postal network.
8. remedial measures: a) Forced to restore original state has been changed due to administrative violations caused with regard to violations of the provisions of paragraph 3 of this Article;
b) Forced termination status hinders the operation of postal delivery, due to administrative violations cause for violations specified in point b of paragraph 4 of this Article;
c) enforce the right decisions, regulations of the State administration organs competent for violations specified in point a, c paragraph 4, item 5, item 6 and item 7 of this. "
3. Article 9 is amended and supplemented as follows: "article 9. Sanctioning administrative violations regarding the supply, using postal services, courier services 1. Caution or a fine from 200,000 to 500,000 Dong Dong for one of the following behaviors: a) Not declare procedure-level again when the license provides mail delivery service or license test mail delivery services, other services on the public postal network loss damage, to the extent no longer inspect or ceases to use the term;
b) Declaration votes sent incorrectly with the content of the parcels, parcel, package, goods;
c) damaging letters, parcels, parcel, package, goods of the person using the service;
d) Sends the goods, items in the mail, publications, school for the blind;
DD) send mail in, Sue parcel, package goods.
2. A fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) Take more, swap items, goods in airmail, parcels, packages, after done the procedure send;
b) prevents unlawful supplying and using postal services and courier services;
c) refuse unlawful supplying postal services, courier services;
d) Vietnam deposit, valuable papers with the monetary value of Vietnam or Forex, valuable papers with a value of foreign money in the mail, parcels, parcel, package, domestic goods or from Vietnam to go abroad;
VND) deposit of valuable papers, Vietnam with Vietnam monetary value or Forex, valuable papers with a value of foreign money in the mail, parcels, parcel, package, goods from abroad into Vietnam.
3. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) losing mail, parcels, parcel, package, goods of the person using the service;
b) sent or received in the mail, sent mail, parcels, packages, bales of goods from Vietnam go abroad these products, prohibit the importation of goods into the country got under the water;
c) not published case resolved, measures for the handling of the case of mail, postal, parcel, package, goods not be;
d) does not build, listing process for resolving complaints or complaints, damages are not properly regulated;
DD) organization does not have the volume to 500 grams in the universal postal service to the address as specified;
e) does not handle or handle mail, airmail, parcels admitted not properly regulated;
g) sent or received in the mail, sent mail, parcels, events, packages containing animals, unhygienic, pollute the environment.
4. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) do not use the Vietnamese language in the contract offer and to use the service;
b) contract for the supply and use of the service is not properly regulated content.
5. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not offer or provide public postal service is not properly regulated;
b) Not done properly the regulations on national technical regulation for public postal services;
c) provide mail delivery services licences provide mail delivery services;
d) sent or received in the mail, parcels, events, packages containing the goods and products in the catalog send condition without proper implementation of the requirements prescribed by law;
DD) uses the postal service or courier service aims to intimidate, harass, offend the dignity, honor others;

e) postal service agents, mail delivery service agent provides the postal service mail delivery service, not the right kind of service have committed in contracts with business services;
g) mail delivery service agent for foreign delivery institutions does not have to confirm the registration of agents of the Ministry of information and communication.
6. Fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) provides mail delivery service or testing services that do not have the license to provide mail delivery services or license testing services;
b) the sale, transfer, lease, lend or rent, borrow, fix the license provides mail delivery service, license testing services;
c) sent or received in the mail, sent mail, parcels, events, packages containing publications, articles, merchandise that Vietnam banned circulation, export bans, prohibit the importation;
d) provides services in the scope of the conditional Management specialization without a license or written approval of State administration authorities.
7. A fine of 30,000,000 50,000,000 for copper to copper acts to send or receive mail, send in the mail, parcels, packages, events, arson, explosive, dangerous, toxic food culture.
8. Fine fellow to fellow 70,000,000 50,000,000 for unauthorized use of postal services, courier service for the purposes of propaganda against the Socialist Republic of Vietnam, a disturbing security, social safety without prejudice to criminal liability.
9. The Act of taking advantage of airmail, parcels, packages, bales of goods to prohibited goods circulation business, goods originating smuggled, prohibited goods for export or import, then apply the Decree of the Government on sanctioning administrative violations in trade operations to sanction.
10. additional sanctions: a) confiscated exhibits administrative violations for violations of the provisions of the paragraph 1 point b; point a, paragraph 2; point b, c paragraph 6; clause 7 and clause 8 of this Article;
b) Forced to leave the territory of the Socialist Republic of Vietnam for foreigners have violations of the provisions of paragraph 8 of this Article.
11. remedial measures: a) Forced to apply the remedy of environmental pollution, the spread of disease due to administrative violations cause for violations specified in point g of paragraph 3; d clause 5 of this Article;
b) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture due to administrative violations cause for violations specified in point g of paragraph 3; d paragraph 5; clause 7 and clause 8 of this Article;
c) Forced to follow strictly the regulations and the license of the Ministry of information and communications for violations specified in point c, d, DD, e, paragraph 3, paragraph 4, points a, b, c, g paragraph 5 of this Article;
d) Forced termination status hinders to supplying and using postal services, courier for violations specified in point b, c paragraph 2 of this Article. "
4. Article 10 is amended and supplemented as follows: "article 10. Sanctioning administrative violations regarding the management and use of postage stamps 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) using fake postage stamps, used postage stamps, postage stamps printed books, newspapers, magazines or other publications to leg;
b) Sell postage stamps within the incorrect release reviews hand, minus postage stamps have marked Cancel.
2. A fine of from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) released postage stamps have not yet decided to release or postage stamps had decided to revoke the State Management Agency of competent jurisdiction;
b) print the picture postage stamps on the propaganda publication without using the stamps (postage stamps have specimen signature), postage stamps have marked cancel, postage stamps have crossed in the corner or cancelled postage stamps were printed on the stamp price cancellation tiles;
c) a collection of postage stamps was banned circulation for the purposes of propaganda;
d) business, storing or collecting postage stamps have unhealthy content, not suitable for pure Maple, United States of America continue to Vietnam.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the import of postage stamps not properly regulated;
b) Print postage stamps not properly decided by the Ministry of information and communications;
c) does not make the recovery, processing of postage stamps were issued on the expiry of the public postal network; postage stamps have been suspended, family;
d) use, copy a part or the entire sample of postage stamps was browsing the text without the permission of the Ministry of information and communication.
4. Fine fellow to 20,000,000 50,000,000 Council for one of the acts: a) production, storage or sale of counterfeit postage stamps;
b) business, storing postage stamps have been banned from circulation;
c) printed postage stamps without a decision of the Ministry of information and communications;
d) printed postage stamps not ensure confidentiality as prescribed by the State.
5. Fine fellow to 50,000,000 70,000,000 Council for business behavior, storing or collecting postage stamps have the contents excite, cause enmity between peoples.
6. additional sanctions: confiscated exhibits, the means used to administrative violations for violations specified in art. 1, paragraph 2, points a, b, d, paragraph 3, clause 4 and clause 5 of this Article.
7. remedial measures: a) the Forced withdrawal of the money difference due to administrative violations cause for violations specified in point b of paragraph 1 of this Article;
b) Forced to follow rules of State administration competent for violations specified in point b of paragraph 2 and point c, d paragraph 3 of this Article. ", article 2. The Decree has effect from the date of July 15, 2010.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals responsible for the implementation of this Decree.