Subscription 45 (5/2001)
(k)
6.
31 October 2001
Any breach of the regulations on computer operations, exploitation
and use, causing chaos, or blocking or deforming or destroying the
data on the internet, which is not so serious as to require
prosecution for criminal liability.
A fine of twenty million (20,000,000) to fifty million (50,000,000)
Vietnamese dong shall be imposed for one of the following acts of breach:
(a)
Establishing a system of equipment and providing internet services
without complying with the provisions stipulated in the licence;
(b)
Creating and deliberately disseminating or spreading virus
programs on the internet, which is not so serious as to require
prosecution for criminal liability.
7.
A fine of fifty million (50,000,000) to seventy million (70,000,000)
Vietnamese dong shall be imposed for an act of establishing an equipment
system and providing internet services without a licence.
8.
In addition to administrative penalties, depending on the nature and
seriousness of the breach, an organization or individual may be subject to
one or more forms of additional penalty or remedial measures as follows:
(a)
Temporary or permanent suspension of provision and use of
internet services, in the case of acts of breach referred to in clauses
2(a), 2(b), 3, 5 and 6(b) of article 41;
(b)
Being deprived of the right to use a licence for a definite or
indefinite period, in the case of breaches referred to in clauses 4(b)
and 6(a) of article 41;
(c)
Confiscation of material evidence and means used to commit an
administrative breach, in the case of breaches referred to in clauses
4(b), 6(a) and 7 of article 41;
(d)
Request for restitution of changes resulting from an administrative
breach, in the case of breaches referred to in clauses 5(k) and 6(b)
of article 41.
Article 42
Specialized inspectors and people's committees of all levels shall deal with
administrative offences relating to internet activities in accordance with the
regulations of the Ordinance on Dealing with Administrative Offences.
© Ministry of Planning and Investment
and
Phillips Fox
IX-1119