The Government promulgates this Decree providing amendments to Article 15 of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 elaborating and guiding the implementation of the Law on Telecommunications, and Article 30 of the Government’s Decree No. 174/2013/ND-CP dated November 13, 2013 on penalties for administrative violations in posts, telecommunications, information technology and radio frequency sectors.
Accordingly, a fine ranging from VND 200,000 to VND 500,000 shall be imposed for any of the following violations:
a) Forging or using documents/papers of other entities to conclude a Contract;
b) Failing to conclude a new Contract with the telecommunications enterprise when transferring the right to use a subscriber number as regulated.
A fine ranging from VND 800,000 to VND 1,000,000 per subscriber number shall be imposed on the mobile telecommunications service provider, provided that total fine shall not exceed VND 200,000,000 for each violation, for one of the following violations:
a) Supplying services to a subscriber who fails to provide information as prescribed in Clause 5 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
b) Concluding Contracts in contravention of any of regulations in Clauses 4, 6, and 7 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein.
A fine ranging from VND 10,000,000 to VND 20,000,000 per POS shall be imposed on the mobile telecommunications service provider, provided that total fine shall not exceed VND 200,000,000 for each violation, if the POS commits one of the following violations:
a) Failing to comply with any of regulations in Points a, b, c, d Clause 4 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
b) Failing to get signature of the subscriber owner or of the legal representative of the organization, or of the authorized person on paper-based or digitized or electronic certificate of subscriber information;
c) Concluding Contracts outside the POS;
d) Failing to hang a signboard or hanging a signboard containing insufficient information as prescribed in Point a Clause 2 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
dd) Failing to post or insufficiently posting types of documents prescribed in Point b Clause 2 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
e) Failing to have equipment/facilities as prescribed in Point c Clause 2 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
g) Digital representations or photos are not clear and sharp, or photos do not contain date and time of taking photo.
A fine ranging from VND 20,000,000 to VND 30,000,000 per POS shall be imposed on the mobile telecommunications service provider, provided that total fine shall not exceed VND 200,000,000 for each violation, if the POS commits one of the following violations:
a) Accepting documents which fail to satisfy requirements mentioned in Clause 3 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein, when concluding Contracts with clients;
b) Failing to strictly comply with regulations in Point dd or Point e Clause 4 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein;
c) Failing to provide or insufficiently providing information, or failing to prove subscriber information stored in the POS’s centralized database as regulated in Point a Clause 8 Article 15 of the Decree No. 25/2011/ND-CP, amended in Article 1 herein.
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:
a) Selling SIM cards but failing to get the authorization to conclude Contracts from the mobile telecommunications service provider;
b) Selling SIM cards with subscriber information already input or prepaid mobile services activated;
c) Selling terminal devices without SIM card with subscriber information already input or prepaid mobile services activated;
d) Trading, exchanging or using universal SIM cards or devices with function to activate SIM cards without taking the SIM card out to input subscriber information, or to activate prepaid mobile services for SIM cards;
dd) Failing to publish on the telecommunications enterprise's website the list of POS or publishing the list of POS containing insufficient information as regulated.
6. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for concluding Contracts without obtaining the authorization as regulated by law.