Guiding the determination of power to impose penalties for administrative violations against regulations on advertising email/message/call services in Vietnam

Article 34 of the Decree No. 91/2020/NĐ-CP of Vietnam’s Government supplements Points e, g Clause 2 Article 120 of Decree No. 15/2020/NĐ-CP on determination of power to impose penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology and electronic transactions. Thus, from October 01, 2020, power to impose penalties for administrative violations against regulations on advertising email/message/call services is determined as follows:

- People's Committees at all level:

+ Chairpersons of communal-level People’s Committees shall have the power to impose penalties for the administrative violations in Clause 1 Article 55 of Decree No. 15/2020/NĐ-CP;

+ Chairpersons of district-level People’s Committees shall have the power to impose penalties for the administrative violations in Articles 9, 10 and 12, Clauses 1, 2 and 3 Article 34, Article 38 through 41, Clauses 1, 2 and 3 Article 55, Article 56 and Article 98 of Decree No. 15/2020/NĐ-CP;

+ Chairpersons of provincial-level People’s Committees shall have the power to impose penalties for the administrative violations in Articles 9, 10, 12, 33, 37, 38, 39, 40, 53, 54, 95 and 96 of Decree No. 15/2020/NĐ-CP.

- People’s public security forces:

+ Heads of communal-level police authorities and heads of police stations shall have the power to impose penalties for the administrative violations in Clause 2 and Point a Clause 3 Article 106 of Decree No. 15/2020/NĐ-CP;

+ Heads of district-level police authorities and head of operations division affiliated to Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, head of operations division affiliated to Police Department for Investigation into Social Order-related Crimes, head of operations division affiliated to Police Department for Administrative Management of Social Order, head of operations division affiliated to Economic Security Department, head of operations division affiliated to Internal Political Security Department, and head of operations division affiliated to Department of Cybersecurity and Hi-tech Crime Prevention and Control shall have the power to impose penalties for the administrative violations in Clauses 1 and 2 Article 9, Clause 4, Point b Clause 5 Article 10, Clause 1 Article 42, Point c Clause 4 Article 78, Point a Clause 2, Point a Clause 3 Article 79 and Clause 1 Article 80, Point a Clause 2 Article 82, Clauses 2 and 3 Article 99, Points g, m and n Clause 3 Article 102, Clause 3 Article 104, Clause 2 and Point a Clause 3 Article 106 of Decree No. 15/2020/NĐ-CP;

+ Directors of provincial-level Public Security Departments shall have the power to impose penalties for the administrative violations in Article 9, Clause 4, Point b Clause 5 Article 10, Article 14, Article 21, Clauses 1, 3 and 4 Article 42, Article 77, Point c Clause 4 Article 78, Point b Clause 4 Article 79, Article 80, Article 81, Point a Clause 2 Article 82, Clauses 2 and 3 Article 99, Clause 3 Article 100, Article 101, Points g, m and n Clause 3 Article 102, Clause 3 Article 104, Clause 2 and Point a Clause 3 Article 106 of Decree No. 15/2020/NĐ-CP;

+ Directors of Department of Cybersecurity and Hi-tech Crime Prevention and Control, Police Department for Investigation into Social Order-related Crimes, Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Police Department for Administrative Management of Social Order, Police Department for Investigation into Drug-related Crimes, Internal Political Security Department, and Economic Security Department shall have the power to impose penalties for the administrative violations in Article 9, Clause 4, Point b Clause 5 Article 10, Article 14, Article 19, Article 42, Point c Clause 4 Article 78, Point a Clause 2, Point a Clause 3, Point b Clause 4 Article 79, Article 80, Article 81, Point a Clause 2 Article 82, Clauses 4 and 5 Article 95, Clauses 2 and 3 Article 99, Clause 3 Article 100, Article 101, Points g, m and n Clause 3 Article 102, Clause 3, Point c Clause 6 Article 104, Clause 2 and Point a Clause 3 Article 106 of Decree No. 15/2020/NĐ-CP;

+ Director General of Immigration Department shall have the power to impose penalties for the administrative violations in Point b Clause 9 Article 14, Point b Clause 4 Article 19, Point b Clause 4 Article 77, and Clause 3 Article 80 of Decree No. 15/2020/NĐ-CP.

+ Directors of provincial police authorities shall have the power to impose penalties for the administrative violations in Clause 7a Article 32 of Decree No. 15/2020/NĐ-CP;

+ The Directors of police departments specialized in high-tech crimes (A05), social order-related crimes (C02), corruption, smuggling, economic crimes (C03), administrative management and social order, drug-related crimes, internal political affairs, economic security shall have the power to impose penalties for the administrative violations in Clause 7a Article 32 of Decree No. 15/2020/NĐ-CP.

+ …

View more details at the Decree No. 91/2020/NĐ-CP of Vietnam’s Government, issued on August 14, 2020.

Le Vy

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