Subscription 45 (5/2001)
31 October 2001
Article 43
Principles of penalty, terms of penalty, procedures for penalty for administrative
offences, aggravating factors, extenuating factors, limitation periods for penalty
and the time-limits when administrative offences relating to the internet are
deemed not to be subject to penalty shall be in accordance with the provisions of
the Ordinance on Dealing with Administrative Offences.
Article 44
Any organizations or individuals causing damage to other organizations or
individuals in relation to the provision and use of internet services shall make
compensation therefor as required by law.
Article 45
Any acts of abusing the internet to oppose the Socialist Republic of Vietnam,
causing a breach of safety and security; and other serious offences of a criminal
nature shall be subject to prosecution for criminal liability in accordance with
law.
CHAPTER V
Implementation Provisions
Article 46
This Decree shall be of full force and effect after fifteen (15) days from the date
of signing and shall replace Decree 21-CP of the Government dated 5 March
1997 promulgating Provisional Regulations on Management, Establishment and
Use of the Internet in Vietnam, and hereby repeals clauses 3(c) and 4(c) of article
11 of Decree 79-CP of the Government dated 19 June 1997 making provisions on
dealing with administrative offences relating to State management of posts and
telecommunications sector and wireless frequencies.
Article 47
The General Department of Posts and Telecommunications shall take the main
role, in co-ordination with ministries, ministerial equivalent bodies, Government
bodies and people's committees of cities and provinces under central authority, in
guiding and inspecting the implementation of this Decree.
Article 48
Ministers, heads of ministerial equivalent bodies, heads of Government bodies,
and chairmen of people's committees of cities and provinces under central
authority shall be responsible for implementation of this Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI
IX-1120
© Ministry of Planning and Investment
and
Phillips Fox