Using technical equipment to detect violations of radio frequencies from July 1, 2023 in Vietnam

Using technical equipment to detect violations of radio frequencies from July 1, 2023 in Vietnam (Internet image)

Using technical equipment to detect violations of radio frequencies from July 1, 2023 in Vietnam

Specifically, Clause 2, Article 2 of the Law on Amendments to Law on Radio Frequencies 2022 The phrase “, tần số vô tuyến điện” (“, radio frequencies”) is added after the phrase “phòng, chống tác hại của rượu, bia” (“prevention and control of harmful effects of alcoholic beverages”) in clause 1 Article 63 of the Law on Penalties for Administrative Violations (amended in 2020).

Thus, from July 1, 2023, competent agencies and persons may use professional technical equipment to detect administrative violations in radio frequencies.

Regulations on detecting administrative violations by using technical and professional means and equipment in Vietnam

- Authorities and persons having authority to sanction administrative violations, individuals and organizations assigned to manage professional technical means and equipment may use professional, technical means and equipment to detect violations related to traffic order, safety, environmental protection, fire prevention, rescue, salvage, drug prevention and control, alcohol and beer harm prevention and control as well as other areas regulated by the Government after obtaining the consent from the National Assembly’s Standing Committee.

- The management, utilization and regulation of the list of technical and professional means and equipment must conform to the following requirements and conditions:

= Respecting citizens' rights of freedom, honor, dignity, privacy, and other legitimate rights and interests of individuals and organizations;

= Strictly complying with regulatory procedures and rules for use of technical and professional means and equipment;

= Findings obtained by using professional technical devices and equipment must be recorded in writing and can only be used for administrative sanction purposes;

= Technical and professional means and equipment must satisfy technical standards and regulations and must have been inspected, calibrated and tested in accordance with laws; technical regulations and standards must be maintained during use and at intervals between verification, calibration and testing engagements.

- The use and preservation of findings obtained by using professional technical means and equipment must satisfy the following requirements and conditions:

= Findings obtained by using professional technical equipment and means are photos, images, printed slips, measurement indicators, data stored in the memories of professional technical equipment or means in accordance with this Law;

= Findings obtained by using professional technical means and equipment are used for administrative sanction purposes only on condition that they meet requirements and conditions prescribed in clause 2 of this Article;

= Whenever receiving findings obtained by using professional technical means, equipment, the persons having authority to sanction administrative violations must quickly identify organizations and individuals committing administrative violations and send them written notices.

Whenever receiving findings obtained by using professional technical means, equipment, the persons having authority to sanction administrative violations must quickly identify organizations and individuals committing administrative violations and send them written notices;

= Findings obtained by using professional technical devices and equipment must be properly deposited and stored in files of administrative sanctions.

- State authorities shall have jurisdiction to use professional technical means, equipment and other professional measures to identify information and data collected from technical means and equipment provided by violating individuals or organizations to detect any administrative violations.

- The Government of Vietnam shall provide for the management, use of professional, technical means and equipment; persons or entities entitled to professional technical equipment and means; the list of professional, technical means and equipment used to detect administrative violations; and the use and preservation of findings obtained by using professional technical means and equipment; the process for collecting and using data obtained by using technical means and equipment provided by violating individuals or organizations

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE