CIRCULAR guide done a number of things about the handling of administrative violations and complaints, to denounce the provisions in Chapter IV of Decree No. 55/2001/ND-CP of the Government on management, provision and use of internet services _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance on administrative violations processing 2/7/2002;
Pursuant to Decree No. 134/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002;
Pursuant to Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on management, provision and use of Internet services;
Pursuant to Decree No. 142/2004/ND-CP dated 8/7/2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency;
Pursuant to Decree No. 90/2002/ND-CP on 11/11/2002 of government functions, tasks, powers and organizational structure of the Ministry of posts and telecommunications;
The Ministry of posts and telecommunications of the Guide as follows: i. GENERAL PROVISIONS 1. Scope this circular guides make a number of things about the administrative violations and the sanctioning administrative violations are stipulated in Chapter IV of Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on management, provision and use of Internet services (hereinafter referred to as the "Decree").
The administrative violations on the Internet related to radio frequency is processed according to the provisions in the decree 142/2004/ND-CP on 8/7/2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency.
2. Subjects of application this circular applies to all organizations and individuals in the country, foreign organization (hereinafter called the Organization, individuals) active in the field of the Internet in Vietnam, including: 2.1. Business Internet service provider: a) provides business Internet connection service (IXP);
b) Enterprise provides services to access the Internet (ISP);
c) service provider business Internet applications in telecommunications, postal (postal OSP, OSP telecommunications).
2.2. The unit provides Internet access service using private (private use ISP).
2.3. Dealer offers Internet access service, dealer Internet application service providers in the telecommunications, postal (hereafter referred to as Internet agents).
2.4. organizations and individuals use the Internet access service, Internet access service, Internet application services in telecommunication, postal (here called the Internet service users).
2.5. enterprises to provide postal services, telecommunications-related Internet activity.
2.6. Enterprises, agents provide services to other Internet applications and users of other Internet application service not in the postal and telecommunications sectors as information, trade, banking, healthcare, training ... in addition to compliance with the provisions of this circular must comply with the provisions of the law of the relevant professions.
3. The case of not sanctioning administrative violations on Internet 3.1. The Organization, individuals are entitled to exemption of administrative sanctions under the provisions of the Ordinance on exempt privileges for diplomatic missions, consular agencies and representative bodies of international organizations in Vietnam on 7/9/1993.
3.2. Off time sanctioning administrative violations referred to in item 5 of part I of this circular;
3.3. Violation of signs of the crime;
3.4. Minors under 14 years of age;
3.5. The cases specified in article 4 of the Decree 138/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
4. The principle of sanctioning administrative violations on the Internet principle sanctioning administrative violations on the Internet made according to the provisions of article 3 of the Ordinance on handling administrative violations in 2002.
5. Time limits, deadlines sanctioning administrative violations on the Internet 5.1. Time sanctioning administrative violations on the Internet is done under paragraph 1, item 2, clause 3 and clause 5 article 4 of the decree 142/2004/ND-CP dated 8/7/2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency.
5.2. the time limits specified in point 5.1 of this entry does not sanction but still apply remedial measures specified in point d of paragraph 8 to article 41 of the Decree.
5.3. the calculation of time limits, time limits in handling administrative violations on the Internet is done according to article 9 of the Decree 138/2003/ND-CP on November 14, 2004 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
6. The sanctions administrative violations and remedial measures 6.1. The Organization, the individual administrative violations on the Internet must bear one of the sanctions prescribed in the main clause 1 article 12 Ordinance on handling administrative violations in 2002 and can be applied to one or more additional sanctions and remedial measures prescribed in paragraph 8 to article 41 of the Decree.
6.2. The additional sanctions specified in point a, b, c paragraph 8 to article 41 of the decree is applied only accompanied by sanctions.
II. ADMINISTRATIVE INFRINGEMENTS On The INTERNET And SANCTIONS 1. Violations of the administration of Internet prescribed in clause 1 Article 41: caution or a fine from 50,000 to 200,000 Council Council for acts not declare procedure-level back Internet service provider license is lost or damaged, to be directed as follows: 1.1. Caution for minor violations, first, there are extenuating circumstances;
1.2. Fine for violations other than the case of the instructions in point 1.1 above.
2. Violations of the provisions of Article 41 paragraph 3 d point: violation of State regulations on the management of access, Internet connection in the use of Internet services, including: 2.1. Internet service users to dial direct to international phone access to the Internet service provider;
2.2. Using the Internet services in the list of banned Internet service or has not been used in accordance with the law;
2.3. The user of Internet services to access the website (website) contains content detrimental to national security, social security, order, violation of customs, Vietnam's cultural identity.
3. Violations of the provisions of Article 41 paragraph 3 e: point in violation of State regulations on safety, the security of information on the Internet in the use of Internet services, including: 3.1. Stored on a computer connected to the Internet, news document, figures in State secrets;
3.2. Use or guide others using support tools to access the website due to State administration authorities denied access.
4. Violations specified in point c paragraph 4 Article 41: use expired license to provide Internet services, instructions are as follows: 4.1. Use the Internet service provider licenses have expired until 3 may then apply the penalties prescribed in paragraph 4 to article 41 of the Decree;
4.2. Using Internet service provider license has expired from the 3rd to the 6th, then apply the fine according to the provisions of art. 6 Article 41 of the Decree;
4.3. Use of Internet service provider licenses have expired on 6, then apply the fines prescribed in clause 7 to article 41 of the Decree.
5. Violations of the provisions of art. 5 Article 41: in violation of State regulations on standards, the quality of Internet service in the provision of Internet services, including: 5.1. Internet service providers do not have the registration certificate of quality according to the regulations of the Ministry of posts and telecommunications;
5.2. Use quality registration certificate expiry used or abandoned;
5.3. Do not publicize in point provides Internet services to the registered quality criteria;
5.4. Publication quality targets of Internet services is lower than the registered quality criteria;

5.5. Internet service providers do not guarantee the quality criteria were announced or signed;
5.6. Do not perform quality reporting by his Internet service provided in accordance with the Ministry of post and telecommunications.
6. Violations of the provisions of point b paragraph 5 to article 41: in violation of State regulations on prices, the cost of Internet services in the provision of Internet services, including: 6.1. Price regulation, the cost of the Internet service does not properly authorized;
6.2. Using the charging software to Internet service charging higher than specified;
6.3. Internet service charges higher than the Income level that has rules;
6.4. for other violations in the area of price, Internet service charges are applied according to the provisions of Decree No. 169/2004/ND-CP on 22/9/2004 of the Government regulation on sanctioning administrative violations in the field.
7. Violations specified in point c of paragraph 3, point c paragraph 5 to article 41: in violation of State regulations on the management of Internet resources in the provision and use of Internet services, including: 7.1. Transfer, rent, resell domain name (DN), address (IP) network number (ASN) and the Internet;
7.2. Using other domain TLDs ". "Do not report for Internet resource management agency;
7.3. The organs of the Organization, the political system using different domain names domains ". "Or does not store information in the server IP address in Vietnam;
7.4. E-newspapers don't use the top-level domain ". VN ";
7.5. Using the domain to propagate the information to the contrary provisions of the law;
7.6. the domain name again below the second level domains ". "With business purposes when not yet Internet resources management agency;
7.7. Using Routing, the IP address is outside of the scope of management, allocation of Internet resource management bodies, except where connected with the international Internet portal;
7.8. the direct registration of IP address and network numbers from the international organization, when not yet postal and telecommunications Ministry for permission.
8. Violations of the provisions of Article 5, paragraph 41 d: violation of State regulations on Access Manager, connect to the Internet in the provision of Internet services, including: 8.1. Providing the Internet service in the list of banned Internet service or not yet allowed provision prescribed by law;
8.2. The unit provides private Internet access service connected directly with each other;
8.3. The business offers Internet access service, Internet application services, the provider of Internet access service using private build telecommunications transmission lines to set up your device network and connected to the public telecommunications network, with Internet equipment system of Internet agents Internet service users, without the Ministry of post and telecommunications.
8.4. organizations and individuals to offer Internet service to the public without a contract agent with the Internet service provider business or no business registration certificate by the competent State bodies.
8.5. The Internet service provider business, public Internet agents violated regulations on Internet service providers in circular postal, telecommunications, Ministry of culture and information and public security regulations on the management of public Internet agents 9. Violations of the provisions of Article 5, paragraph e point 41: violation of State regulations on safety, the security of information on the Internet in the Internet service provider, the service provider business: Internet access, Internet application services in the telecommunications, postal and provider of Internet access service refers not to build their own firewall (Firewall) or but not with the server system provides your Internet service to ensure the detection, prevent the believed that the law prohibited.
10. The adoption of additional sanctions stipulated in art. 8 Article 41, shall be as follows: 10.1. apply additional sanctions: measures to temporarily suspend the provision and use of Internet services within a period of 3 months, if there are extenuating circumstances, the time limit for temporary suspension is 12 months;
10.2. apply additional sanctions measures: suspension of the provision and use of Internet services for violations have the aggravation.
11. The adoption of additional sanctions specified in point b of paragraph 8 to article 41, shall be as follows: 11.1. Apply additional sanctions measures: the right to use the license within a period of 3 months, if there are extenuating circumstances, the time limit for removal use the licence is 12 months;
11.2. Apply additional sanctions measures: the right to use the license indefinitely for violations have the aggravation.
12. Extenuating circumstances, aggravating The extenuating circumstances, donate heavy for administrative violations of the Internet are applied according to the provisions of article 8 and article 9 of Ordinance on handling administrative violations in 2002.
III. jurisdiction and PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS a. AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS the authority sanctioning administrative violations of Internet prescribed in article 42 of the decree to be directed as follows: 1. The authority sanctioning administrative violations on the Internet of the specialized postal inspector telecommunications and information technology 1.1. Specialized inspectors of postal, telecommunications and information technology are on duty have the right: a) made the authority sanction specified in point a, b, c paragraph 1 Article 28 of decree 142/2004/ND-CP dated 8/7/2004 of the Government sanctioning administrative violations of postal telecommunications and radio frequency;
b) apply remedial measures prescribed in Article 8 paragraph 41 d of the Decree.
1.2. The Chief Justice Inspector of Department of telecommunications, postal, Chief Inspector of the inspection agency specialized in postal and telecommunications Ministry have the right to: a) made the authority sanction specified in point a, b, c, d paragraph 2 Article 28 of decree 142/2004/ND-CP dated 8/7/2004 of the Government sanctioning administrative violations of postal telecommunications and radio frequency;
b) apply additional sanctions and remedial measures as prescribed in paragraph 8 to article 41 of the Decree.
1.3. The Chief Inspector of the Ministry of posts and telecommunications has the right: a) made the authority sanction specified in point a, b, c, d paragraph 3 Article 28 of decree 142/2004/ND-CP dated 8/7/2004 of the Government sanctioning administrative violations of postal, telecommunications and radio frequency;
b) apply additional sanctions and remedial measures as prescribed in paragraph 8 to article 41 of the Decree.
2. The authority sanctioning administrative violations on the Internet of other specialized inspection agency the Agency inspected other majors make the authority sanctioning administrative violations on the Internet is regulated in article 38 Ordinance on handling administrative violations in 2002 under the authority of the Ministry of State administration His branches.
3. The authority sanctioning administrative violations on the Internet of people's Committee of the people's Committee Chairman granted the right to sanction for administrative violations of the Internet within its management areas under the jurisdiction specified in articles 28, 29 and 30 of Ordinance on handling administrative violations in 2002.
4. Delineate the authority sanctioning administrative violations in the cases of administrative violations on the Internet under the authority sanction of more people then the sanctions by accepting the first made.
B. The PROCEDURE Of SANCTIONS 1. Set the minutes 1.1 administrative violations. The case apply shape on 100,000 Council then authorized sanctions are on duty to promptly establish the minutes of administrative violations. The establishment of administrative infringement thereon made under the provisions of article 55 Ordinance on handling administrative violations in 2002.

1.2. In the same violation, a violation or many of the same links together to perform one or more violations, the authorized person only needs to draw up a report on administrative violations. Cases, those violations are not affiliated with each other, the Authority proceeded up the minutes of the administrative violation for each person. Minutes of administrative violations must be given for each violation.
2. Hold exhibits, means of administrative violations in case of need to hold exhibits, means of administrative violations, the follow Article 46 Ordinance handling administrative violations in 2002. Who has the authority to decide the custody exhibits, means of administrative violations must decide custody and writing up the minutes on hold.
3. A decision sanctioning administrative violations 3.1. The case apply form of caution or a fine from 50,000 to 100,000 Dong Dong, the sanctioning authority are on duty did not set the minutes that a decision fining in place according to the procedure prescribed in article 54 simple Ordinance on handling administrative violations in 2002. Where the filing deadline and penalty fines made under the provisions of article 58 Ordinance on handling administrative violations in 2002.
3.2. For cases applying sanctions in 1.1 point 1 item B, then within ten days from the date of establishment of the minutes of the administrative violation, the person has the authority to sanction decisions; for administrative violations are more complex then the sanction decision period is thirty days. In the case of reviews should have more time to verify, collect evidence, then the competent person must report the heads directly to apply for renewal; the renewal must, in writing, the term extension not exceeding thirty days. The decision to sanction must be sent to the individual, organization and sanctioned the Agency collects the fines within three days from the day the decision to sanction.
Who has the authority to sanction could apply paragraph 3 Article 57 Ordinance handling administrative violations in 2002 for the individual, the organization violated to ensure enforcement of punishment decisions.
3.3. in case a person perform many administrative violations if the level of sanctions applicable to each jurisdiction are acts of a sanction, the level that a decision fining. If there is at least a violation of that fines imposed under the authority of sanctions or of other agencies must then transfer the entire dossier to the authority to sanction. The level of sanctions applied to say here is understood as the level of sanctions that the competent authorities intended to apply sanctions for a violation based on the regulations of the decree after consideration of the full nature and extent of the violation, the aggravation, extenuating circumstances. In this case, the authority sanction just out a decision which clearly sanctions fines for each behavior, if the form is fine, the record fines for each specific behavior and the general public.
3.4. in case more people joined together to perform one or more of the administrative violation just out a general sanction decisions; in it, specify fines for each person as defined by framing a fine corresponding to the infringement. All these people are aggravating violations have held and are jointly liable in damages (if any). The decision sanctioning administrative violations are given to each individual violation.
3.5. in case of the same violations have many administrative violations, but not associated with each other, the authority sanction based on the minutes of administrative violations to sanction private decisions for each person.
4. Apply additional sanctions deprived of the right to use the license When apply additional sanctions deprived of the right to use the license, the person who has the authority to sanction conduct revoked licenses and notified in writing to the licensing authority know. Expiry of deprived the right to use the license, the person who has the authority to sanction grants licenses to organizations, individual using that license.
5. the confiscated exhibits and handling exhibits seized when applying additional sanctions confiscated exhibits, the means used to administrative violations, the sanctioning authority must complete the procedure stipulated in article 60 Ordinance on handling administrative violations in 2002.
The handling of exhibits, by means of administrative violation according to the provisions of article 61 Ordinance on handling administrative violations in 2002 and circular No. 72/2004/TT-BTC on 15/7/2004 of the Ministry of Finance shall guide the management and handling of exhibits, media confiscating additional State funds due to administrative violations.
6. Accept the decision sanctioning administrative violations cases of organizations or individuals not sanctioned voluntary observance of administrative sanction decision within ten days from the date of delivery of the decision, then sanctions would be coercive under the provisions of article 66 Ordinance handling administrative violations in 2002. Coercive decisions are sent to individual organizations coerced, relevant agencies such as the police, banking, Treasury, to coordinate the implementation of the decision. The case of violators do not work at the Agency, do not open a bank account, the application of coercive measures of personal assets worth the equivalent of the fine. The value of the assets seized to make decision on coercive State Inspection Agency inspection.
7. the minutes and decisions the minutes, decisions related to the work of sanctioning administrative violations on the Internet apply templates attached to Decree No. 134/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
IV. The COMPLAINT, REPORT And HANDLE BREACH 1. Complaints, accusations and complaints, accusations against the decision sanctioning administrative violations of Internet complaints, accusations and complaints, accusations against the decision sanctioning administrative violations on the Internet apply in accordance with the law on complaints and denunciation. Pending appeal, the Organization, individuals sentenced to administrative violations must strictly obey decided to sanction of the competent bodies.
2. A complaint, complaint resolution services with respect to the provision and use of Internet services organization, individuals involved in providing and using the services on the Internet in Vietnam have the right to complain about the service when his legal rights are violated.
Complaints and complaints about Internet business is done according to the provisions in clause 1 part V circular 04/2001/TT-TCBĐ on 20/11/2001 the postal administration's guidelines for implementing Decree No. 55/2001/ND-CP of the Government on the management of supply and use of the Internet access service Internet connection service, and Internet application services in telecommunication, postal.
3. Processing 3.1 infringement. The handling of the offense for the authority sanctioning administrative violations on the Internet are made according to the provisions of article 121 Ordinance on handling administrative violations in 2002.
3.2. The handling of the offense for the sentenced to administrative violations on the Internet are made according to the provisions of article 122 Ordinance on handling administrative violations in 2002.
V. IMPLEMENTATION of this circular have the effect after 15 days from the Post Gazette.
In the process, if there are obstacles, it should reflect timely postal and telecommunications Ministry for review, Supplement, modify.