Search for:
Asia-Pacific

Vietnam: New Decree on handling administrative violations in TMT section

By and 2 Mins Read

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

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

Click here to access the full alert. 

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

Categories:
Author

Yee Chung Seck leads the Firm’s Mergers & Acquisitions, IT/C, Pharmaceutical and Healthcare Practices in Vietnam. Chambers Global (2014, 2013) and Chamber Asia (from 2010 to 2015) rank him as a leading lawyer in the field of Corporate M&A and TMT in Vietnam. He is a member of the Singapore Bar Association and serves as vice president of the Singapore Business Group. He also serves as AmCham's IT/C Sub-Committee Co-Chair. Mr. Seck is fluent in English and conversational in Mandarin.

Author

Manh Hung Tran is the principal and managing lawyer of BMVN International LLC, a licensed law firm and IP agent, which is a member of Baker & McKenzie International. Mr. Tran has represented various multinational and Vietnamese companies in different industries including infrastructure, transportation, telecommunications, port, retail, distribution, and intellectual property. He also assisted internationally famous brands to establish their investment projects in Vietnam. Mr. Tran was voted Vietnam Lawyer of the Year (2009) in the national poll of Vietnamese lawyers organized jointly by the Vietnam Lawyers’ Federation, the Ministry of Justice and Vietnam Law Magazine. In addition to authoring many publications, Mr. Tran has given speeches and lectured on "Lawyering Skills" at the Hanoi Unveristy of Law and Diplomatic Academy of Vietnam, and intellectual property laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Related Posts