| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 63/2007/ND-CP | Hanoi, April 10, 2007 |
DECREE
PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAINOF INFORMATION TECHNOLOGY
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Post and Telematics,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1- Scope of regulation
1. This Decree provides for violations, forms and levels of sanction, and competence to sanction administrative violations in the domain of information technology application and development (below referred to as information technology for short).
2. Administrative violations in the information technology domain stipulated in Chapter II of this Decree mean acts intentionally or unintentionally committed by organizations or individuals in violation of the provisions of law on state management in the information technology domain, which are not crimes and must be administratively sanctionedinaccordancewithlaw.
3. Other administrative violations in the information technology domain which are not directly stipulated in this Decree shall be handled in accordance with the law on sanctioning administrative violations in the relevant state management domains.
Article 2.- Subjects of application
1. Vietnamese organizations or individuals that commit administrative violations in the information technology domain shall be sanctioned in accordance with this Decree.
Foreign organizations or individuals that commit administrative violations in the information technology domain within the territory, territorial waters, contiguous zones, exclusive economic zones or continental shelf ofVietnam shall be administra tively sanctioned like Vietnamese organizations or individuals. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from the provisions of this Decree, the provisions of that treaty shall be applied.
2. Minors who commit administrative violations in the information technology domain shall be handled in accordance with Point a, Clause 1, Article 6 and Article 7 of the July 2, 2002 Ordinance on Handling of Administrative Violations.
Article 3.- Sanctioning principles
1. The sanctioning of administrative violations in the information technology domain shall be conducted by competent persons defined in Articles 22,23,24 and 25 of this Decree in accordance with the law on sanctioning of administrative violations.
2. All administrative violations in the information technology domain must be stopped as soon as they are detected. The sanctioning must be conducted quickly, fairly and thoroughly; all consequences of administrative violations must be redressed in accordance with law.
3. An administrative violation in the information technology domain shall be sanctioned only once. A person who commits many administrative violations in the information technology domain shall be sanctioned for each of those violations. Many persons who commit the same administrative violation in the information technology domain shall each be sanctioned for that violation.
4. The sanctioning of administrative violations in the information technology domain must be based on the nature and severity ofthe violations, personal records of violators and extenuating as well as aggravating circumstances defined in Articles 8 and 9 of the Ordinance on Handling of Administrative Violations so as to decide on appropriate forms, measures and levels of sanction.
5. Sanctions shall not be imposed for administra tive violations committed in case of emergency, legitimate self- defense, unexpected incidents or by offenders who suffer mental diseases or other diseases which deprive them of the capacity to be aware of or control their behaviors.
Article 4.- Statute of limitations
1. The statute of limitations for sanctioning an administrative violation in the information technology domain is one year since the violation is committed.
With regard to acts of violating regulations on prices, charges, fees, import or export or intellectual property in the information technology domain, the statute of limitations for sanctioning administrative violations shall comply with relevant legal documents.
2. For an individual against whom a criminal case had been instituted, who had been prosecuted or had involved in an information technology case already
decided to be brought to trial according to criminal procedures but later a decision to suspend the investigation or the case was issued and his/her violation shows signs of administrative violation, such individual shall be administratively sanctioned; within three days after issuing the decision to suspend the investigation or the case, the decision issuer shall send that decision to a person with sanctioning competence; in this case, the statute of limitations for sanctioning the administrative violation is three months from the date the person with sanctioning competence receives the suspension decision and the violation file.
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