Vietnam: Sharply increase fines for violations of general information websites from December 01, 2020

A general electronic information page is a page that provides general information by posting access links to press sources or quoting verbatim and accurate press sources. From December 01, 2020, Decree No. 119/2020/NĐ-CP of Vietnam’s Government sharply increases fines for violations of general information websites.

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It is known that Decree No. 119/2020/NĐ-CP of Vietnam’s Government (effective from December 01, 2020) will replace Decree No. 159/2013/NĐ-CP (expired from December 01, 2020) on penalties for administrative violations in journalistic and publishing activities. However, in addition to replacing Decree No. 159/2013/NĐ-CP, Decree No. 119/2020/NĐ-CP also replaces Decree No. 174/2013/NĐ-CP of Vietnam’s Government on penalties for violations of regulations on general information websites.

Decree No. 119/2020/NĐ-CP of Vietnam’s Government has increased fines for violations by enterprises with general information websites compared to Decree No. 159/2013/NĐ-CP, specifically as follows:

Violation

Decree No. 119/2020/NĐ-CP

Decree No. 174/2013/NĐ-CP

(expired from April 15, 2020)

Failure to properly implement the license for establishment of news website

VND 10,000,000 - VND 20,000,000

VND 5,000,000 - VND 10,000,000

Providing a link to a website or an application with content in violation of the law

Failure to archive news information for at least 90 days from the time it is posted on the news website

Posting the information that infringes on individual secret or correspondence secrecy

VND 10,000,000 - VND 20,000,000

No regulation

Failure to provide sufficient information about the name of the website’s governing body, name of the governing body (if any), name of the person responsible for content management, address, phone number, email, valid license number, date of issue, licensing authority on the footer of the news website

Posting press, literature, art works and publications without the consent of the intellectual property right holder

Failure to immediately remove the content which has been removed by the source(s) or at the request of a competent regulatory agency

Failure to publish the correction and apology of the violating media organization of which the content has been quoted by the news website

Failure to quote the official source in accordance with the regulations

VND 20,000,000 - VND 30,000,000

VND 10,000,000 - VND 20,000,000

Providing the information promoting bad tradition, superstitions; mystical stories that cause confusion in the society, which adversely affects the social order and safety and health of the community

Providing the information that does not suit Vietnam’s fine customs

Posting information that affects the normal physical and mental development of children

VND 20,000,000 - VND 30,000,000

No regulation

There is no server in Vietnam that meets requirements for inspection, storage, and provision of the competent regulatory agency and handling of customer complaints

Failure to implement a public information management process or to meet management requirements for public information management process

A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to establish procedure for public information management

Providing information with contents inciting violence

VND 30,000,000 - VND 40,000,000

No regulation

Providing information with excessive details about the criminal acts, creepy accidents, obscenity or debauchery act

VND 10,000,000 - VND 20,000,000

Posting Vietnamese map which wrongly expresses national sovereignty

VND 40,000,000 - VND 50,000,000

VND 20,000,000 - VND 30,000,000

Posting false information that distorts or offends the honor, prestige of the corporate or the honor and dignity of the individual

Providing information with contents of conviction without a court’s legally effective judgment

No regulation

Posting press works, contents in press works or publications which have been suspended from circulation, recalled, confiscated, banned from circulation, removed or destroyed

Provide information on the news website outside the licensed scope

Setting up a news website without a license

VND 50,000,000 - VND 70,000,000

No regulation

Providing information against the Socialist Republic of Vietnam; sabotaging the implementation of a policy of international solidarity but not to the extent where criminal prosecution is needed

VND 150,000,000 - VND 200,000,000

No regulation

Providing information that is distorted, fabricated or confusing among the people, but not to the extent where criminal prosecution is needed

Providing information with contents inciting war to oppose the independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam, but not to the extent where criminal prosecution is needed

Posting the information that distorts history, denies revolutionary achievements, or offends the nation, national heroes but not to the extent where criminal prosecution is needed

VND 30,000,000 - VND 50,000,000

Provide information that causes hatred, discrimination, ethnic division, separatism, infringes upon equal rights in the community of ethnic groups of Vietnam; causes divisions between walks of life, between the people and the people's administration, the people's armed forces, political organizations, or socio-political organizations, but not to the extent where criminal prosecution is needed

Providing information that infringes upon the right to freedom of belief or religion but not to the extent where criminal prosecution is needed

No regulation

Posting the classified information but not to the level where criminal prosecution are needed

Thus, it can be seen that Decree No. 119/2020/NĐ-CP of Vietnam’s Government has sharply increased fines for violations of general information websites compared to previous regulations (Decree No. 174/2013/NĐ-CP), at the same time, this Decree also adds penalties for violations of regulations on general information websites which that have not been regulated before in order to avoid posting false information, not citing sources or posting without the author's consent, etc. on general information websites that are very popular today. Therefore, from January 01, 2020, depending on the severity of the violation, if an agency, organization or enterprise has a general website, if it violates the above-mentioned acts, it can be fined up to VND 200 million; notably, this fine is applied to organizations; for individuals, the fine is 1/2 the amount applied to organizations.

Ty Na

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