(Tiếng Việt) Nghị định 15/2020/NĐ-CP : QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BƯU CHÍNH, VIỄN THÔNG, TẦN SỐ VÔ TUYẾN ĐIỆN, CÔNG NGHỆ THÔNG TIN VÀ GIAO DỊCH ĐIỆN TỬ
Government Decree No. 15/2020/NĐ-CP issued on February 3, 2020 on “REGULATIONS ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF POST AND TELECOMMUNICATIONS, RADIO FREQUENCIES AND INFORMATION TECHNOLOGY NEWS AND ELECTRONIC TRANSACTIONS” will officially come into effect on April 15, 2020 and repeal Decree No.174/2013/NĐ-CP dated November 13, 2013, Article 2 of Decree No.49/2017/NĐ-CP dated April 24, 2017. There are new points to note as follows.
In addition to highlights in Article 101 of “Decree 15/2020/NĐ-CP” on Violating the regulations on responsibility of using social network services “clearly defining the personal and organizational responsibilities in using the network environment, especially social networks, there are some new points in Decree 15 that businesses should be noted as follows:
_ Violations related to letters, messages, and websites:
Article 94 has the following provisions: “A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for concealing one’s name and electronic address when sending emails, messages;”
Article 99 provides “A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for providing insufficient or inaccurate information on the name of the organization managing the website and the owner (if any), contact address, email, contact phone number, and name of the person responsible for content management on the homepage of the website. “
_Violations related to digital signatures:
Article 107 “Violation of regulations on operating conditions” should be noted. “Clauses 1 and 2
“1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to follow procedures for re-issuance of License for provision of public digital signature authentication services and Certificates of eligibility for security of digital signatures of specialized use or License to use foreign digital certificates in Vietnam in case the above-mentioned licenses are lost, torn, burnt or destroyed.
2. A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts:
a) Failing to complete procedures for extension of the license to provide public digital signature authentication services within the prescribed time limit;
b) Failing to meet the licensing conditions of a public digital signature authentication service provider, or the conditions for granting certificates of eligibility to ensure safety for special digital signatures of the service provider, personnel or technical aspect;
c) Failure to comply with regulations on format of digital certificates;
d) Changing the name of the transaction or changing the legal representative but failing to follow procedures for requesting a change in the contents of the License to provide digital signature authentication service. “
In addition, enterprises that “use foreign digital certificates accepted in Vietnam” should note the following in Article 111 of Decree 15
“1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to present a license to use a foreign digital certificate in Vietnam.
2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of using foreign digital certificates in Vietnam not in accordance with the provisions of the licenses.
3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for acts of accepting foreign digital certificates not yet licensed for use in Vietnam in transactions of state agencies.
4. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for acts of using foreign digital certificates accepted in Vietnam with unexpired licenses but these foreign digital certificates have expired.
5. A fine of between VND 60,000,000 and VND 80,000,000 for one of the following acts:
a) Providing false information for the purpose of applying for, reissuing, changing the content of license to use foreign digital certificates in Vietnam;
b) Buying, selling, lending or leasing a license to use foreign digital certificates in Vietnam. “
Article 111 also states that a license to use a foreign digital certificate will be confiscated for violations specified in Clause 5 and must be forced to pay back illegal benefits gained from committing violations specified at Point b, Clause 5 of this Article.