Vietnam: New Decree on handling administrative violations in TMT section

In brief

On 27 January 2022, the government issued Decree No. 14/2022/ND-CP to amend and supplement several provisions of Decree No. 15/2020/ND-CP on penalties for administrative violations in the fields of postal services, telecommunications, radio frequency, information technology and electronic transactions ("Decree No. 15"), and Decree No. 119/2020/ND-CP on penalties for administrative violations in journalistic and publishing activity ("Decree No. 14"). Decree No. 14 was issued with the aim of:

  • Implementing the new provisions of the amended Law on Handling Administrative Violations1
  • Supplementing sanctions for the violating acts, including those regarding spam, illegal content, social network management, game licensing, etc
  • Revising and supplementing provisions regarding the authorities to fine administrative violations

Contents

Key takeaways

  • Significant changes to the general regulations of Decree No. 15 include (i) supplementing additional remedial measures; (ii) supplementing a scheme to determine the applicable statute of limitation in imposing administrative sanctions; and (iii) supplementing provisions to apply preventive measures for certain services, especially content services
  • Key changes to sanctions regarding telecommunication services
  • Notable changes to sanctions regarding violations of anti-spam
  • Fine for non-compliance in collecting and processing personal data has doubled
  • Notable sanctions regarding social network services
  • The scope of Decree No. 119/2020/ND-CP on penalties for administrative violations in journalistic and publishing activity is amended to include printing services other than those listed as publishing activity

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1 Law No. 67/2020/QH14, amending Law No. 15/2012/QH13 on Handling Administrative Violations ("Law on Handling Administrative Violations").

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