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Decree 28/2009/nd-Cp: Regulations Sanctioning Administrative Violations In The Management, Supply, Use Of Internet Services And Electronic Information On The Internet

Original Language Title: Nghị định 28/2009/NĐ-CP: Quy định xử phạt vi phạm hành chính trong quản lý, cung cấp, sử dụng dịch vụ internet và thông tin điện tử trên internet

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

Pursuant to the law of information technology on June 29, 2006;

Pursuant to the law on press, December 28, 1989, the law on amendments and supplements to some articles of the law on press, June 12, 1999;

Pursuant to the law published on December 14, 2004, the law on amendments and supplements to some articles of the law published July 3, 2008;

Postal Ordinance base, telecomunication on 25 May 2002;

Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to 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 1.

GENERAL PROVISIONS article 1. Scope 1. This Decree rules violations, the form, the level of sanction and authority sanctioning administrative violations in the management, supply, use of internet services and electronic information on the Internet.

2. Administrative violations in the operation management, supply, use of Internet services and electronic information on the Internet (hereinafter referred to as administrative violations on the Internet) is the intentional or unintentional acts of individuals, agencies and organizations (hereinafter referred to as individuals, organizations) violates the provisions of the law on State administration in the operation management , supply, use of Internet services and electronic information on the Internet that is not a crime and under the provisions of the law must be sanctioned administratively.

3. The administrative violations in the provision or use of specialized application services on the Internet are applied according to the provisions of the law on sanctioning administrative violations in the field of governance related.

Article 2. Application object 1. Organization, Vietnam had individual administrative violations on the Internet then sanctioned under the provisions of this Decree.

Organizations, foreign individuals have administrative violations on the Internet within the territory, exclusive economic zone and the continental shelf of the country the Socialist Republic of Vietnam as the Government sanctioned organizations and individuals, Vietnam.

2. Minors have the administrative violations of the Internet being processed as defined in art. 1 article 6 and article 7 Ordinance handling administrative violations in 2002.

Article 3. The principle of sanctioning the principle of sanctioning administrative violations on the Internet are 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 revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.

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

For violations of regulations on tariffs, 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 take the case to trial Internet infringement 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 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 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 5. The sanctions administrative violations on the Internet and the 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 have limited time or no time limit for the type of license, certificate of practice;

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 on the Internet;

c) forced the destruction of articles or delete the content of electronic information on the Internet with content toxic, harmful to human health, spirit, influence the customs;

d) forced the withdrawal or forced to refund expense currency wrong or exhibits, the media have gone to scatter;

DD) Forced recovery of domain names, Internet addresses, network numbers.

4. Alien administrative violations can also sanctioned deportation. Expulsion is applied as the main sanctions or additional sanctions in each specific case.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS article 6. Violation of the regulations on licenses 1. A fine from 1,000,000 to 2,000,000 Council Council for misconduct procedures level again when one of the following license is lost or damaged: a) license to provide Internet service;

b) license to set up a private Internet;

c) license to set general information page;

d) electronic publishing license.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for use out of date to 30 days for one of the licenses mentioned in paragraph 1 of this article.

3. A fine of 5,000,000 VND to 10,000,000 VND for the repair behaviour, erased changing the license content or dishonest information Declaration to be given one of the licenses mentioned in paragraph 1 of this article.

4. A fine from 10,000,000 20,000,000 for copper to copper acts establish the General information page does not have a license or use expired license on June 30.

5. A fine of 30,000,000 50,000,000 copper to copper for the behavior without license or use expired license on 30 June for the Internet user to own the license.

6. Fine fellow to 50,000,000 70,000,000 Council for one of the following behaviors: a) set the device system to provide Internet service to the public without license or use expired license to provide Internet services on 30 October;

b) electronic publishing without license or use expired license on June 30.

7. additional sanctions: a) deprived of the right to use the license indefinitely for violations of the provisions of paragraph 3 of this article.

b) confiscated exhibits, the means used to administrative violations specified in paragraph 4, 5 and 6 of this Article.

8. remedial measures: Forcing the recovery domain for violations of the provisions of paragraph 4, point b paragraph 6 of this Article.

Article 7. Violation of the regulations on private Internet network set 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) Not done right in the license regulations set for the private use of the Internet network are permitted;

b) provides Internet services for organizations and individuals who are not members of the private use of the Internet.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not stop the Internet services provided for members of the private use of the Internet when it discovered that members breached the prohibited behavior in management, supply, use of Internet services and electronic information on the Internet or upon written request by the competent State bodies.

b) establish hubs of the Internet for private use of the Internet is not licensed.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) connect directly to the private use of the Internet;

b) hubs Internet direct connection for 2 private use Internet.

4. additional sanctions: confiscated exhibits, the means used to administrative violations specified in point b of paragraph 2 and paragraph 3 of this article.

Article 8. Violation of the regulations on Internet service providers 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) stop or suspend Internet service providers without notice to the person using the service knew in advance, except in cases of force majeure;

b) refuse to provide services to the Internet without a good reason;

c) discrimination between businesses that provide Internet services when providing telecommunication transmission lines or separate local loop circuits.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) doesn't provide telecommunication transmission lines or not separate local loop circuit for enterprises provide Internet services when requested without good reason;

b) issued a contract template to perform unity in all enterprises;

c) does not terminate Internet service providers when required in writing by the competent State agencies;

d) without using the Website of the national domain name ".vn" to dealing with customers when providing Internet phone service.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors:


a transmission line Setup) is not connected to the national Internet hubs for business Internet service provider and enterprise network infrastructure supply;

b) as agent Internet phone services for foreign enterprises;

c) reported incorrectly specified start time to formally provide services and deployment plans to provide services for the Ministry of information and communication.

4. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) set the device system to provide Internet service to the public is not correct according to the rules of the license;

b) make international Internet traffic transit permission by the Ministry of information and communications;

c) prevents the information in the country go on, out of its network through the national Internet hubs (VNIX) except for services was banned under the regulations;

d) offers Internet phone service type is not correct according to the rules;

DD) offers Internet phone service without charging system or the System Manager client or database management system services in Vietnam;

e) doesn't notice the beginning of official service providers and plans to offer the service to the Ministry of information and communication.

5. additional sanctions: confiscated exhibits, the means used to administrative violations specified in point b of paragraph 3 and paragraph 4 a score on this Thing.

6. remedial measures: Forcing restore original state has been changed due to administrative violations caused with regard to violations of the provisions of paragraph 1 point a and point c of paragraph 4 of this Article.

Article 9. Violation of the regulations on the use of Internet Services 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) used or instructions of others using the Internet services is forbidden by rules of law;

b) Who uses the services business back to the Internet services.

2. The acts prohibited in the Decree, which provides management, use of Internet services and electronic information on the Internet then sanctioned by Decree of the Government sanctioning administrative violations in the field of information technology.

3. additional sanctions: confiscated exhibits, the means used to administrative violations stipulates in paragraph 1 of this article.

Article 10. Violating the rules of Internet agents 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts not listed or listed incomplete rules use Internet service in place to provide services under the rules.

2. A fine of from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) does not guarantee regulations, standards of fire, fire; environmental hygiene in order to protect the health and safety for users of the service;

b) system devices meet the requirements of the safety, the security of information under the provisions;

c) system setup Internet devices in addition to the location registered in the contract to do the Internet agent;

d) To customers who use the service outside of the regulations.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) To the person who uses the service in violation of prohibited behavior in management, supply, use of Internet services and electronic information on the Internet.

b) Not contracted agent for individual organizations to provide Internet service to users who do not collect charges.

Article 11. Violation of the regulations on the use of Internet domain names 1. A fine from 5,000,000 VND 2,000,000 VND to for usage in other TLDs domain name ".vn" without notice or notification information is not correct or change the information without notice of the Ministry of information and communications as prescribed; reporting information inaccurate or not updated when changing information about your name, contact address for the organization or the name, address, identity card or passport number for individual registration, use the domain name ".vn".

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) electronic information Page of the official Party, State agencies except the Vietnam representative offices abroad do not use national Vietnam domain name ".vn" or is not stored in the server IP address in Vietnam.

b) third level domain-level under second-level domain name ".vn" for the object is not a member of the Agency, organization, his business when the House is not registered the domain name ".vn"; individual domain level under second-level domain for the Organization, the other individual.

3. the remedial measures: Forcing the recovery domain for violations specified in point b of paragraph 2 of this Article.

Article 12. Violation of the regulations on registration, to provide Internet domain name 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the domain name registrar in Vietnam do not guide the Organization, individuals register international domain names made the announcement on the network environment with the Ministry of information and communication of information according to the provisions;

b) prevents an unauthorized organization, individuals converting the Registrar the domain name ".vn".;

c) Home international domain name registration in Vietnam did not report the updated list of international domain names which are managed with the Ministry of information and communication through the network environment in accordance with the regulations on the management and use of Internet resources.

2. A fine from 10,000,000 20,000,000 for the bronze until the Registrar the domain name ".vn" in violation of the following behavior: a) does not maintain or not set up measures to ensure safety and security for the domain name of the Organization, individuals had registered on the domain name server (DNS);

b) holding registration or domain speculation in any form when providing national domain name ".vn";

c) hinder the Organization, individuals register to use the domain;

d) does not offer or provide incorrect information about the Organization, individuals registering the domain name ".vn" 3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) Not active registration with the Ministry of information and communication when agents provide registry services, maintain international domain name in Vietnam;

b) Not coordinated or incomplete coordination with State authorities in handling cases related to domain names.

4. A fine of 30,000,000 50,000,000 for copper to copper acts provide for international domain names which do not meet one of the conditions to become an international domain name registrar in Vietnam by Ministry of information and communications regulation.

Article 13. Violation of the rules of registration, use the IP address and network numbers.

1. A fine of 5,000,000 VND to 10,000,000 VND for one of the following: a behavior) violates the regulations of the Ministry of information and communication about the register, using IP addresses, network numbers;

b) level IP address or network number directly from the International Organization for use in Vietnam without the Ministry of information and communication that allows writing;

c) does not perform routing address regions by Vietnam levels under the guidance of the Vietnam Internet Center.

2. A fine of 30,000,000 VND to 50,000,000 copper for routing behavior for the international IP address due to the agencies, organizations, individuals brought from abroad about Vietnam use without permission of State administration authorities.

3. the remedial measures: Forcing recover IP addresses, network numbers for violations in art. 1 of this article.

Article 14. Violation of safety regulations, information security.

1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) constantly provide service when Terminal access device causes loss of security for Internet equipment system;

b common password or key) encryption or the Organization's own information, personal theft.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a collaboration or coordination) does not complete with the State administration of work safety, information security and investigate, prevent violations of the law in Internet activities;

b) Not deployed or not deployed a full range of equipment and technical services, network security and information security under the guidance of the competent State bodies.

3. A fine of 30,000,000 50,000,000 for copper to copper acts do not perform emergency duties or public duty by the competent State agencies mobilised.

4. additional sanctions: a) confiscated exhibits, the means used to administrative violations with regard to acts specified in point b of paragraph 1 of this article;

b) deported alien violations specified in point b of paragraph 1 of this article.

Article 15. Violation of the provisions of the tariffs, charges and fees 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not report the prescribed rates;

b) don't register prescribed rates;

c) Internet service provider businesses don't own the Internet service accounting;

d) Enterprise Internet service provider does not determine the price of Internet services as a rule.

DD) Internet service charges Collected does not meet the level of the tariffs were announced.

2. A fine of 20,000,000 30,000,000 for the copper to copper acts issued Internet service rates.

3. With regard to the violation of the tariffs, charges and fees in active management, supply, use of Internet services and electronic information on the Internet are applied according to the Decree of the Government regulation on sanctioning administrative violations in the field and the field of fees.

4. remedial measures: Forcing the recovery of money wrongly paid for violations of the provisions of paragraph 1 of this article the DUS points.

Article 16. Violation of the regulations on standards, quality of service 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors:


a) not published service quality standards voluntarily apply on the website of the business when the Internet service provider is not in the list of mandatory telecommunications service quality management;

b) published or self published service quality not on time as prescribed;

c) published on the website of the business or listed the incorrect transaction with A quality service and directory of service quality indicators in the profile quality service has sent state management bodies;

d) do not archive or archive not full text results monitoring, the monitoring data within a period of two years from the date of establishment of the monitoring results;

DD) do not archive or archive not full text of test results, test, evaluation, construction data test results, test data, reviews of at least two years from the date of establishment of the test results, test data, reviews.

2. A fine of from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) are not published on the website or not listed in the business transaction A quality service and directory of quality criteria of the service of the Internet services in the category required telecommunications service quality management;

b) does not perform the self test or monitor the quality of services according to regulations.

c) perform the self test or monitor the service quality does not meet regulations or supervising service quality does not meet the requirements of State administration authorities.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) issued the check or self regulation of self regulation of service quality monitoring as specified;

b) does not implement the service quality monitoring as required by the State administration authorities.

4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Internet service providers in the category required telecommunications service quality management, but does not have A reception quality services of State administration authorities;

b) does not make the quality of Internet services when there is a change in relation to the published content;

c) does not offer, provide or provides inaccurate documents, figures for the test, check the quality of Internet service.

5. A fine from 10,000,000 20,000,000 to copper copper for the behavior of Internet service providers have a lower quality level quality level of service has published or self published.

6. remedial measures: Forcing restore original state has been changed due to administrative violations caused with regard to violations of the provisions of paragraph 5 of this Article.

Article 17. Violating the rules of online games (online games) 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) advertising, introduction of online games have not been allowed to circulate in Vietnam;

b) does not build the active management regulation of online games in accordance with the law when providing online game service in Vietnam;

c) does not provide adequate information about the game rules and regulations active management game online on the homepage of the game set up by enterprises;

d) in violation of the conditions of providing services of online games in accordance with the law.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) Not notified in writing with State administration authorities or not notice on the home page of the game before the stop to provide services for at least three months;

b) provides online games with content that does not meet the provisions of the decision of approval of the content, the script by State administration authorities for approval.

3. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) provides online game services or agents to provide services online games in Vietnam when not yet State regulators have the authority to allow;

b) To provide the user content in the game and on the forums of the game content to violate the prohibition in the Decree, which provides management, use of Internet services and electronic information on the Internet.

4. additional sanctions: a) confiscated exhibits, the means used to administrative violations specified in point a of paragraph 3 of this article;

b) deported alien violations specified in point a of paragraph 3 of this article.

5. remedial measures: Forcing delete electronic information content for violations specified in point b of paragraph 2 and point b paragraph 3 of this article.

Article 18. Violation of the regulations on electronic information page 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not done right or do not complete the prescribed in the license set general information page;

b) provides links to electronic information page with content violating provisions of the law;

c) in violation of the regulations on the management of electronic information on the Internet for electronic information pages do not have to apply for a license.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) Take up publications electronic information page when there is consent of the Publisher;

b) provides information on the General information page does not meet the content of information to be specified in the licence.

3. other administrative violations of the electronic information page are applied according to the Decree of the Government sanctioning administrative violations in the field of information technology, journalism and publishing.

4. additional sanctions: deprived of the right to use license from 90 days to 180 days for violations specified in point b of paragraph 2 of this Article.

5. remedial measures: Forcing delete electronic information content on the Internet for violations specified in point b of paragraph 1, paragraph 2 of this Article.

Article 19. Violation of the regulations on providing online social network services 1. A fine from 5,000,000 VND 2,000,000 VND to with regard to acts done or not done improper regulation of supply, use and exchange of information by enterprises.

2. A fine of 5,000,000 10,000,000 for copper to copper acts do not provide regulation construction, use and exchange of information as a rule.

3. A fine from 10,000,000 20,000,000 for copper to copper acts does not provide information related to the use of the service at the request of the competent State bodies.

4. A fine of 20,000,000 30,000,000 for the copper to copper acts provide online social network service when no notice of the Ministry of information and communications has received confirmation of registration records.

5. Fine fellow to fellow 70,000,000 50,000,000 for acts not to make the stop and remove the offending information content the acts prohibited in the Decree, which provides management, use of Internet services and electronic information on the Internet at the request of the State Agency of competent jurisdiction.

6. remedial measures: Forcing delete electronic information content on the Internet for violations of the provisions of paragraph 5 of this Article.

Article 20. Violation of the regulations on dispute resolution, complaints 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) not listing publicly complaint resolution procedures relating to Internet services at the point of transaction;

b) resolve complaints related to Internet services does not guarantee the time prescribed.

2. A fine of from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) issued complaint resolution procedures relating to Internet services;

b) does not resolve the complaint of the customer in accordance with the law.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not reviewed, resolved or not report the results to resolve the complaint at the request of the State Agency of competent jurisdiction.

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 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 22. Acts impedes, against employees, State bodies the duty Inspector, check.

1. Caution or a fine from 200,000 to 500,000 Dong Dong 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.

2. A fine of from 1,000,000 to 2,000,000 VND VND for obstructing the behavior Inspector, checks of employees, State authorities when on duty.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) Pipe riveted exhibits violation are being inspected, examined or custody;

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

4. A fine of 5,000,000 10,000,000 for copper to copper acts delay, evade not enforced the administrative decision regarding the inspection and handling of administrative violations of the competent person.

5. remedial measures:


Forced recovery of exhibits, the media have gone to scatter for violations specified in point a of paragraph 3 of this article.

Chapter 3.

JURISDICTION and procedure of SANCTIONING ADMINISTRATIVE VIOLATIONS to article 23. The authority sanctioning administrative violations of inspection of specialized information and communication 1. Specialized inspectors information and communications 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 prescribed in points a and c of article 5 paragraph 3 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, certificate of practice;

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

d) apply remedial measures as specified at points a, c, d, e paragraph 3 article 5 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 in the jurisdiction;

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

d) apply remedial measures as specified at points a, c, d, e paragraph 3 article 5 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.

Article 24. The authority sanction of discipline inspection.

Within the scope of 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 provision or use of specialized application services on the Internet in the field of governance.

Article 25. 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 has been modified in the revised Ordinance some article of the Ordinance on handling administrative violations in 2007 in its geographical scope of management for administrative violations of the Internet is regulated 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 on the Internet that relate 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 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.

Chapter 4.

COMPLAINTS, accusations, HANDLING of breach of article 29. Complaints, accusations and complaints, report 1. The Organization, individuals sentenced to administrative violations on the Internet or their legal representatives have the right to appeal against the decision to sanction of the competent person. Pending results of the Agency's complaint resolution authority, personally sanctioned must still enforce the sanction decision.

2. Citizens have the right to report to the Agency, organization, personal authority on administrative violations on the Internet according to the provisions of the law on complaints and denunciation.

3. Citizens have the right to report to the Agency, organization, personal authority on unlawful acts of authority sanctioning administrative violations on the Internet.

4. jurisdiction, procedures, sequences, time limit complaints, accusations and complaints, accusations made under the provisions of the law on complaints and denunciation.

Article 30. Sue Sue The Administrative Court for decision on sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations are made according to the provisions of the law on the procedure of resolving administrative cases.

Article 31. Handle violation 1. Authority sanctioning administrative violations on the Internet that harassment, tolerate, cover, does not sanction or sanctions is not timely, not proper punishments beyond the jurisdiction rules depending on the nature and extent of the violation will be disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

2. Persons sentenced to administrative violations on the Internet if the behavior thwarted opposition, who are on duty, then, depending on the nature and extent of the violation will be sanctioning administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter 5.

Article 32 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect from the date of 15 May 2009.

Article 33. 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.