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

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