THE GOVERNMENT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
No.: 58/2011/ND-CP
Hanoi, July 08th, 2011
DECREE
Stipulating penalties for administrative offences in postal sector
GOVERNMENT PORTAL
ARRIVAL No.: 4932
Date: July 11th
GOVERNMENT
Pursuant to Government organization law dated December 25th, 2001;
Pursuant to Postal Law dated June 28th, 2010;
Pursuant to Ordinance on handling administrative offences dated July 02nd, 2002;
Ordinance on amendments, additions to several articles of Ordinance on handling
administrative offences dated April 02nd, 2008;
Considering the request by Minister of Information and Communications,
DECREE:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
1. This decree stipulates offences, form and competent penalty level and penalty procedures
for administrative offences in postal sector.
2. An administrative offence in postal sector is an intentional or unintentional act by agencies,
organizations, individuals (hereinafter referred to as organization, individual) to violate the
state’s management provisions in postal sector, not criminal and which according to legal
regulations must get administrative penalty, including:
a) Breach of administrative regulations on supply and use of postal services;
b) Breach of regulations on investment, business of postal services;
c) Breach of regulations on quality, charge of postal services;
d) Breach of regulations on public interest postal operations
e) Breach of regulations on postal stamp;
f) Breach of regulations on complaint, compensation for damages; reporting system; not
obeying inspection, test by the state’s competent authorities.
Article 2. Applicable object
Vietnam’s organizations and individuals, foreign organizations and individuals have
administrative offences in postal sector in the territory of Vietnam; they are sanctioned
according to the provisions of this decree and other relevant provisions of law on
administrative offence.
Article 3. Penalty principle
Penalty principle for administrative offence in postal sector is performed according to the
provisions at Article 3, 2002 Ordinance on handling administrative offence, Articles 3 and 4 of
Decree No. 128/2008/ND-CP dated December 16th, 2008 by the Government stipulating in
details implementation of several articles of 2002 ordinance on handling administrative
offence, ordinance on amendments, additions to several articles of 2008 ordinance on handling
administrative offence.
Article 4. Valid duration of penalty
1. The statute for limitations for sanctioning administrative violations in postal sector is one
year after administrative violation is performed.
For the offence in regulations on postal rate or printing, issuing postal stamps, statute of
limitations for sanctioning administrative violation is two years after administrative violation is
performed.
2. For the individual prosecuted, sued or decided to bring violation case in postal sector to
judgment according to criminal procedure but after that decided to suspend investigation or
suspend case of which offence has administrative offence signal, he/she is sanctioned
administrative offence; within 3 days after making a decision on suspending investigation,
case, decision maker must file such decision to competent person of penalty; in this case, the
statute of limitations for sanctioning administrative violation is three months after the
competent person of penalty receives the decision on suspending and violation record.
3. Exceeding the duration stipulated at clause 1 this article, not being sanctioned, but still
applied one or many Remedial measures stipulated at clause 3 article 5 of this decree.
4. Within duration regulated at clauses 1 and 2 this article, if the organization, individual who
performs new administrative offence in the same postal sector, has ever violated before or
intentionally avoids, prevents penalties, the statute of limitations for administrative offence
is calculated from the time of performing new administrative offence or the time of
terminating the act of avoiding, preventing penalty.
Article 5. Forms of penalties for administrative offence and Remedial measures
1. For each administrative violation, violating organization, individual must bear one of the
following penalties for administrative offence:
a) Warning;
b) Fine
2. Depending on the nature, level of violation, organization, individual violating
administratively can be applied one or the following additional penalties:
a) Divest of term or non-term use right of types of papers, documents certifying notice on
postal operation;
b) Confiscate exhibits, vehicles used for administrative offence.
3. Apart from main penalties, additional penalty is stipulated at clauses 1 and 2 this article. The
organization, individual violating administratively can still be applied one or many
following Remedial measures :
a) Being forced to recover the initial state changed by administrative offence;
b) Being forced to bring out of the territory of Vietnam or forced to re-export commodities,
articles, vehicles related to administrative offences;
c) Being forced to destroy articles harmful to health of people, animals and plants, toxic
cultural products;
d) Being forced to retrieve or return wrongly collected charges;
e) Being forced to retrieve exhibits, vehicles which have been dispersed and hidden;
f) Being forced to retrieve illegal benefits obtained by administrative offences;
g) Being forced to take measures to overcome environmental pollution, epidemic spreading
caused by administrative offence
h) Being forced to terminate prevention from postal operations.
4. The foreigners violating administratively under the regulation of this decree can also be
expelled.
Chapter II
ADMINISTRATIVE OFFENCE IN POSTAL SECTOR
FORM AND PENALTIES
Section 1
VIOLATING REGULATIONS ON PROVIDING AND USING POSTAL SERVICES
Article 6. Violation against regulations on postal service supply and use contracts
1. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for the acts of not
using or wrong using of date stamp or inexactly writing information about duration, location
for accepting the post parcel in contracts or documents certifying acceptance of post parcel.
2. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the
following acts:
a) Contracts for supply and use of postal services, documents of certifying the receipt of post
parcel are written wrongly or incomplete contents according to legal provisions;
b) Written postal service supply and use contracts are not used the language of Vietnamese.
Article 7. Violation against regulations on acceptance and delivery of post parcel
1. Warning or pecuniary penalty ranges from 200,000 VND to 500,000 VND for the act of
providing wrong, incomplete information on parcel.
2. Pecuniary penalty ranges from 500,000 VND to 1,000,000 VND for the act of illegal refusal
from providing postal services
3. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for one of the following
acts:
a) Not providing publicly or providing untrue, incomplete information concerning the postal
service supplied at service point;
b) Not posting publicly or posting untrue and incomplete list of articles, goods which are not
sent, accepted, and transported through postal network or regulations on postal service
supply conditions at service points;
c) Not hanging signs at service points, headquarters of enterprise, head office of branch,
representative offices;
d) Not performing or performing not in accordance with regulations on delivery of post
parcels.
4. For the violations regarding the implementation of procedures for exporting and importing
post parcels applied under the regulations at the Decree by the Government stipulating
penalties for administrative offence in navy sector.
5. Remedial measures :
Force to terminate prevention from postal operations for violations provided at clause 2 this
Article.
Article 8. Violations of regulation on particles, goods not sent, accepted, and
transported via postal network
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for the act of sending or
accepting or transporting or delivering particles, goods with the content of threatening,
harassing, insulting dignity, honor of other person.
2. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for one of the
following acts:
a) Sending or accepting or transporting particles, goods, from Vietnam to the countries which
Vietnam’s law stipulates to forbid to export to or the law of received countries forbids to
import;
b) Sending or accepting or transporting particles, goods forbidden to be circulated according to
legal regulations;
c) Sending or accepting or transporting particles, goods forbidden to to be imported as
stipulated by law;
d) Sending or accepting or transporting particles, goods forbidden to be transported by post as
stipulated by Vietnam’s law, international treaty of which Socialist Republic of Vietnam is a
member.
3. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for the act of sending
or accepting or transporting or delivering particles, goods which contain cultural products
contrary to society’s morality, and Vietnam’s fine custom.
4. Pecuniary penalty ranges from 30,000,000 VND to 40,000,000 VND for the act of sending,
accepting documents, objects carrying the State’s secret not true to regulations.
5. Pecuniary penalty ranges from 40,000,000 VND to 50,000,000 VND for the act of sending
or accepting or transporting or delivering particles, goods causing explosion, poison,
radioactive substance, drug, disease germs for purpose of terrorizing, trespassing lives, and
assets of citizens, losing disorder, and social safety.
6. Pecuniary penalty ranges from 50,000,000 VND to 70,000,000 VND for the act of sending
or accepting or transporting or delivering particles, goods with the content of provoking,
losing security, destroying national solidarity, being against the state of Socialist Republic
of Vietnam.
7. For the individual, organization trading in goods who takes advantage of postal network to
send parcels, packages containing forbidden goods, smuggled goods applied under the
regulations at Decree by the Government on penalty for administrative offence in
commercial operations.
8. Additional penalty:
a) Confiscate exhibits used for administrative offence for violation against regulations at
clause 1; points a, b, d clauses 2; 3; 5 and 6 of this article.
b) Expel from the territory of Socialist Republic of Vietnam for foreigners who violate
regulations at clause 6 of this Article.
9. Remedial measures :
a) Force to take measures to overcome living environment pollution, spreading epidemics for
the violations stipulated at clause 5 of this Article;
b) Force to destroy particles harmful to health of people, animals and plants, poisoned
cultural products for violation against regulations at clauses 1; 3; 5 and 6 of this Article;
c) Force to re-export particles, goods forbidden to be imported to Vietnam for violation
against regulations at point c, clause 2 of this Article;
Article 9. Violation against regulation on ensuring safety in supply and use of postal
services
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for the act of not
stocktaking, establishing minutes and packing, wrapping in case parcel package is torn,
damaged.
2. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for the act of adding to
particles, goods in parcel after completing approval procedures.
3. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for one of the
following acts:
a) Opening, swapping the content of parcel;
b) Misappropriating, destroying parcels contrary to the law;
c) Not performing or performing untruly, incompletely measures for ensuring safety for
people, parcels and postal network in service business.
4. Additional penalty:
Confiscate exhibits for violation against regulation at clause 2 of this Article.
5. Remedial measures
Force to recover the changed initial state for violation against regulation at point a, clause
3 of this Article.
Article 10. Violation against regulation on ensuring security in supply and use of
postal services
1. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the
following acts:
a) Impersonation of other person when using postal services;
b) Suspending, temporarily suspending transportation, delivery of post parcels and checking,
treating post parcels or requiring provision of information on use of postal services
contrary to regulations which affects quality of postal services.
2. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for one of the
following acts:
a) Checking, treating post parcels, requiring to provide information on use of postal services
contrary to law;
b) Suspending, temporarily suspending transportation, delivery of post parcels contrary to
law;
c) Reveal information on use of postal services contrary to law;
d) Not suspending transportation, delivery of post parcels or not informing the state’s
relevant competent agency to handle when finding that the parcel violates regulations on
articles, goods not sent, accepted, transported via postal network.
3. Pecuniary penalty ranges from 15,000,000 VND to 20,000,000 VND for the act of taking
advantage of suspending, temporarily suspending transportation, delivery of post parcels
or checking and handling parcels or requiring to provide information on use of postal
services to cause damages to the state’s benefits, legal right and benefits of organizations,
individuals who supply and use postal services.
4. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for one of the
following acts:
a) Not coordinating with the state’s competent agency of implementing suspension , temporary
suspension of transportation, delivery of parcels or checking, handling parcels or providing
information on use of postal services as stipulated by the law;
b) Obstructing legal postal operation.
5. Remedial measures :
Force to terminate obstruction of postal operation for violation against regulation at clause 1,
points a, b clause 2 and point b clause 4 of this Article.
Article 11. Violation against regulation on change in full name, address of recipient;
forwarding, returning, withdrawing parcels, parcels without a recipient
1.
Warning or Pecuniary penalty which ranges from 200,000 VND to 500,000 VND for the
act of not implementing or implementing not in accordance with the regulations on
changing full name, address of recipient or withdrawing parcel.
2. Pecuniary penalty ranges from 500,000 VND to 1,000,000 VND for the act of collecting
return charge for basis letters with weight of 500 gram when it is impossible to deliver.
3. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for one of the following
acts:
a) Not performing or performing untruly forwarding parcels to new address when such
parcels are delivered to the address of recipient and postal service user informs enterprise
of providing postal service about change in address of recipient;
b) Not performing or performing untruly sender’s requirement for returning parcels to give
back to such sender when it is impossible to deliver to a recipient.
4. Remedial measures :
Force to return wrongly collected charge for violation against regulation at clause 2 of this
Article.
Article 12. Violation against regulations on postal network for agencies of Party,
State, national defense, security
1. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for the act of illegal
refusal from providing postal services serving for agencies of Party, State, national
defense, security
2. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for the act of
organizing operation of postal network for agencies of Party, State, national defense,
security not in accordance with legal regulations.
3. Pecuniary penalty ranges from 15,000,000 VND to 20,000,000 VND for the act of
connecting postal network serving for agencies of Party, State, national defense, security to
other postal network besides public postal network.
4. Additional penalty:
Stripping the right for using indefinite postal license for violation against regulation at
clauses 2 and 3 of this Article
5. Remedial measures :
Force to terminate obstruction of postal operations for violation against the regulation at
clause 1 of this Article.
Article 13. Violation against regulations on competition in postal operations
1.
Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for promotions in all
forms violating the regulations on dedicated postal services.
2. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for the act of
providing postal services violating the regulations on scope of dedicated postal service.
3. For the administrative violations of other competition in postal sector which are applied
under the regulation at Decree by the Government on penalty for administrative offence in
the field of competition.
4. Additional penalty:
Stripping the right for using indefinite license for re-violation against regulation at clauses 1
and 2 of this article
Section 2
VIOLATION AGAINST REGULATION ON INVESTMENT, BUSINESS IN POSTAL
SERVICES
Article 14. Violation against regulation on investment in postal sector
For the violations of regulations on investment in postal sector, which are applied to the
regulation at Decree by the Government on penalty for administrative offence in the field of
planning and investment.
Article 15. Violation against regulation on postal license
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a) Not performing the request for re-granting lost or damaged postal license, which can’t be
used;
b) Not performing or performing not in accordance with regulations on notice to the state’s
competent postal agencies when changing a legal representative, address of headquarters;
service quality criteria; service supply and use contract form; regulations regarding to
complaints, damage compensation compared to the latest application file for postal license;
c) Not returning postal license to the state’s agency when a revocation decision is made.
2. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a) Supplying postal services not in accordance with the content of postal license;
b) Erasing, correcting the content in the postal license;
c) Not performing requests for amendments, additions to the postal license when changing the
content of postal license;
d) Not ensuring minimum capital as regulated by the law.
3. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for one of the
following violations:
a) Leasing, lending postal license;
b) Transferring postal license unlawfully.
4. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for one of the
following violations:
a) Providing a mailing service with the receiving address, with weight of single piece of 2kg
without postal license;
b) Purchasing, selling and mortgaging postal license.
5. Pecuniary penalty ranges from 30,000,000 VND to 40,000,000 VND for the act of
providing false information or intentional misleading to be granted a postal license.
6. Pecuniary penalty ranges from 40,000,000 VND to 50,000,000 VND for the act of
providing postal services which are not correct with the content of postal license, causing
serious consequences for the State’s benefits, right and legal benefits of organizations and
individuals.
7. Additional penalty:
Strip the indefinite use right of license for violations of regulations at point b clause 2, point
b clause 4 of this Article.
8. Remedial measures :
Force revocation of illegal benefits obtained for violations of regulations at clause 3 and
point b clause 4 of this Article.
Article 16. Violation against regulation on notice on postal activities
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a) Not implementing the request for re-granting when the certification document informs postal
operation is lost or damaged, not used;
b) Not making or making a notice not in accordance with regulations to the state’s competent
postal agency when changing informed contents compared to the application file of certifying
notice on postal operation;
c) Not returning postal operation notice certification document when a revocation decision is
made.
2. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the following
violations:
a) Not having a operation notice certification document of the state’s competent postal agency
when providing service of mails without a receiving address with the weight of single piece of
2 kg, mails with the weight of single piece of 2kg or more and service of packages, parcels;
b) Erasing, correcting postal operation notice certification document;
c) Not having a operation notice certification document from the state’s competent postal
agency when establishing a branch, representative office for an enterprise which provides
postal services, incorporated as Vietnam’s law.
3. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for the act of not
having postal operation notice certification document from the state’s competent agency when
being agent, representative, representative office for the enterprise of providing foreign postal
services; receiving commercial right assignments in postal sector to Vietnam from foreign
countries.
4. Additional penalty:
Strip the use right of indefinite postal operation notice certification document for violation
against regulation at point b clause 2 of this Article.
Article 17. Violation against regulation on contracts in postal operations
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a) Delivering, receiving an agent for postal services without a contract or a contract which
has expired its validity;
b) Delivering an postal agent without postal license, postal operation notice certification
document as stipulated.
2. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for the act of
providing postal service not in accordance with service type signed in agent contract.
3. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for on of the
following violations:
a) Receiving commercial right assignment in postal sector to Vietnam from foreign countries
without a assignment contract;
b) Representing an enterprise which provides foreign postal services without a representative
contract.
4. Additional penalty:
Strip the use right of indefinite postal operation notice certification document for 60 days for
violation against regulation at clause 3 of this Article.
Section 3
VIOLATION AGAINST REGULATIONS ON QUALITY, RATE OF POSTAL
SERVICES
Article 18. Violation against regulation on quality of postal services
1. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for the act of not
disclosing or disclosing not in accordance with postal service quality as stipulated by the law.
2. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for the act of not
providing publicly or providing not in accordance with the disclosed service quality table at the
service points.
3. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for the act of providing
postal services with low quality, disclosed.
4. Additional penalty:
Strip the use right of postal license, postal operation notice certification document for 60 days
for the violation against regulations at clause 3 of this Article.
Article 19. Violation against regulation on rate of postal services
1. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for the act of
stipulating rates for postal services not in accordance with power.
2. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for the act of not
constructing and submitting the state’s competent agency options for rates for postal services
stipulated by the State.
3. For the violation against regulations in the field of other postal rates applied as stipulated at
Decree by the Government on penalty for postal offence in the field of rates.
4. Additional penalty:
Strip the use right of postal license, postal operation notice certification document for 30 days
for the violation against regulations at clauses 1 and 2 of this Article.
Section 4
VIOLATION AGAINST REGULATIONS ON PUBLIC INTEREST POSTAL
OPERATION
Article 20. Violation against regulation on public postal network
1. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the following
acts:
a) Not arranging a location at urban areas, concentrated residential area so that an enterprise
appoints supply of public interest postal service, installation of public mailbox.
b) Not installing or installing not in accordance with regulations on concentration mailbox at
high-rise apartment building, office buildings;
c) Not installing or installing in accordance with regulations on public mailbox system at urban
areas, concentration residential areas;
d) Not arranging locations or not organizing for people to use postal service at high-rise
apartment building, office buildings to execute the installation of concentration mailbox.
2. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for one of the
following violations:
a) Not performing check, repair, maintenance and protection of works belonging to public
postal network;
b) Not installing a public mailbox to accept basic letters according to regulations.
3. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for one of the following
violations:
a) Infringing public postal works;
b) Using specialized transportation means not in accordance with regulations.
4. Remedial measures :
Force to recover the changed initial state for violation against regulation at point a clause 3 of
this Article.
Article 21. Violation against regulation on providing public interest postal services
1. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for the act of unlawful
refusal from providing public interest postal services.
2. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for the act of
providing inexact, incomplete public interest postal services as the list, scope decided by
the state’s competent agency.
3. Pecuniary penalty ranges from 15,000,000 VND to 20,000,000 VND for one of the
following violations:
a) Not privately monitoring public interest postal services, dedicated postal services;
b) Not reporting or reporting, not in accordance with regulations, the result of providing public
interest postal services with the state’s competent postal agency.
4. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for the act of using
revenues from dedicated postal services to subsidize losses on providing other competitive
services less than cost price.
5. Remedial measures :
Force to terminate obstruction of postal operations for violation against regulations at
clause 1 of this Article.
Section 5
VIOLATION AGAINST REGULATION ON POSTAL STAMPS
Article 22. Violation against regulations on using postal stamps to prepay rates of
postal services
1. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for the act of using
postal stamps not issued by the state’s competent postal agency or Vietnam postal
stamps with cancelling seal or Vietnam postal stamps banned to circulate or Vietnam
postal stamps, not intact to prepay rates for postal services.
2. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for the act of using
foreign postal stamps to prepay rates for domestic postal services and international
postal services from Vietnam to foreign countries.
Article 23. Violation against regulation on using postal stamps to trade, exchange,
propagate, display
1. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for the circulation of
Vietnam postal stamps without a decision on issuing by the state’s competent postal
agency.
2. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the
following violations:
a) Trade, exchange, display, propagate postal stamps with contents, images, symbols,
signals not in accordance with Vietnam’s social morality, fine customs;
b) Sell postal Vietnam postal stamps on public postal network within the period of
providing not in accordance with the price on stamp face, excluding postal stamps with
cancelling seal;
c) Sell postal stamps especially stamps which expire the duration of providing on public
postal network, excluding repurchase.
3. Pecuniary penalty ranges from 10,000,000 VND to 20,000,000 VND for the act of
trading, exchanging, displaying, propagating foreign postal stamps with inappropriate
content and origin according to the notice by postal agencies of member- countries of
Universal Postal Union and stamp collection associations.
4. Pecuniary penalty ranges from 20,000,000 VND to 30,000,000 VND for the acts of
trading, exchanging, displaying, propagating postal stamps with a revocation decision.
5. Pecuniary penalty ranges from 30,000,000 VND to 50,000,000 VND for the acts of
trading, exchanging, displaying, propagating false postal stamps.
6. Pecuniary penalty ranges from 30,000,000 VND to 50,000,000 VND for the acts of
trading, exchanging, displaying, propagating postal stamps with content, images,
symbols, marks of provoking, causing hostility among nations, races, religions, against
the State of Socialist Republic of Vietnam.
7. Addition penalty:
8. Remedial measures :
Force to revoke obtained illegal benefits for violations of regulations at clauses 2, 3, 4, 5
and 6 of this Article.
Article 24. Violation on regulations on management of postal stamps
1. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the
following violations:
a) Printing Vietnam postal stamps on the products which don’t use postal stamps with printed
phrase “specimen” or postal stamps with cancelling seal except for printing and zooming
out many times in the shape of pano, poster;
b) Not storing or storing not in accordance with regulations on Vietnam postal stamps or file
of design sample of Vietnam postal stamps.
2. Pecuniary penalty ranges from 10, 000,000 VND to 20,000,000 VND for one of the
following violations:
a) Printing Vietnam postal stamps not in accordance with decisions by the state’s competent
postal agencies;
b) Providing false information to be granted postal stamp import license;
c) Importing postal stamps not in accordance with regulations in postal stamp import license;
d) Using postal stamp import license which have expired.
3. Pecuniary penalty ranges from 20, 000,000 VND to 30,000,000 VND for one of the
following violations:
a) Using, reproducing part or the whole of approved specimen of Vietnam postal stamps
without written permission by the state’s competent postal agencies;
b) Not revoking or handling postal stamps especially stamps which has expired issuance as
stipulated by the state’s competent postal authorities;
c) Importing postal stamps without import license from the state’s competent postal agencies
as stipulated by the law.
4. Pecuniary penalty ranges from 30, 000,000 VND to 40,000,000 VND for the act of printing
Vietnam postal stamps without decisions by the state’s competent postal agencies.
5. Remedial measures:
a) Strip the use right of indefinite postal stamp import license for violations of regulations at
points b and d clause 2 of this Article;
b) Confiscate exhibits for violations of regulations at point a, clause 2, point a clause 3 and
clause 4 of this Article.
6. Remedial measures:
Force to re-export postal stamps for violations of regulations at points c and d clause 2, point c
clause 3 of this Article.
Section 6
VIOLATION AGAINST REGULATIONS ON COMPLAINTS, DAMAGE
COMPENSATION; REPORTING SYSTEM; COMPLIANCE WITH INSPECTION,
CHECK BY THE STATE’S COMPETENT AGENCIES
Article 25. Violation against regulations on complaints, damage compensation in
providing and using postal service
1. Pecuniary penalty ranges from 500,000 VND to 1,000,000 VND for the act of refusing from
receipt of solving legal complaints.
2. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for one of the following
violations:
a) Resolving complaints not in accordance to the regulated duration;
b) Not returning charges for used services when not ensuring duration for disclosed whole
process.
3. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a) Not promulgating complaint handling process regarding to postal services;
b) Not compensating damages or compensating not in accordance with legal provisions.
4. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the act of not
considering for solving or not reporting the result of solving complaints as required by the
state’s competent agency.
5. Remedial measures :
Force to return charges for violations of regulations at point b clause 2 of this Article.
Article 26. Violation against regulation on reporting system
1. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for delay in reporting up
to 15 days compared to regulations or requirements by the state’s competent agencies.
2. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for incomplete report as
stipulated or required by the state’s competent agencies.
3. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the following
violations:
a) Not performing reporting system or delaying in report 15 days compared to regulations or
upon requirements by the state’s competent agencies;
b) Dishonestly reporting as stipulated or required by the state’s competent agencies.
Article 27. Act of not complying inspection, check by the state’s competent agencies
1. Pecuniary penalty ranges from 1,000,000 VND to 3,000,000 VND for incomplete supply of
relevant materials, papers, documents as required by competent inspectors, checkers.
2. Pecuniary penalty ranges from 3,000,000 VND to 5,000,000 VND for not supplying, not
declaring or declaring not in accordance with the contents regarding to inspection and
check.
3. Pecuniary penalty ranges from 5,000,000 VND to 10,000,000 VND for one of the following
violations:
a) Preventing from inspection, check by staff, the state’s agencies when executing public
services.
b) Providing data, documents for inspection dishonestly.
4. Pecuniary penalty ranges from 10,000,000 VND to 15,000,000 VND for one of the
following violations:
a) Dispersing and hiding violation exhibits , vehicles inspected, checked or detained
temporarily ;
b) Arbitrary removal of seal on violating exhibits which is being sealed or detained
temporarily.
5. Pecuniary penalty ranges from 15,000,000 VND to 20,000,000 VND for postponing,
avoiding exercising administrative decisions on inspection by a competent person.
6. Remedial measures :
a) Force to revoke dispersed and hidden exhibits, vehicles for violations of the regulation at
point a clause 4 of this Article.
b) Force to recover the changed initial situation for violation against regulation at point b
clause 4 of this Article.
Chapter III
POWERS AND PROCEDURE FOR IMPOSING PENALTIES FOR
ADMINISTRATIVE VIOLATIONS
Article 28. The power to impose penalties for administrative offences of inspectors of
Information and communications
1. Inspectors of Information and Communications who are implementing public services, are
entitled to :
a) Issue warning
b) Impose fines of up to 500,000 VND;
c) Confiscate exhibits, vehicles used for administrative offence with value of up to 2,000,000
VND;
d) Take remedial measures as specified at points a, c and g clause 3 Article 5 of this Decree;
e) Execute the powers stipulated at point 2 clause 19 Article 1 of the Ordinance amending,
adding to several articles of 2008 Administrative offence penalty ordinance and clause 2
Article 48 of 2009 Administrative offence penalty ordinance.
2. Chief inspector of Department of Information and Communications is entitled to:
a) Issue warning;
b) Impose fines of up to 30,000,000 VND;
c) Strip the use right of license, written postal operation notice certification under his/her
power;
d) Confiscate exhibits , vehicles used for administrative offences;
đ) Take measures to overcome consequences as stipulated at points a, c, d, đ, e, g and h in
clause 3 of Article 5 of this Decree;
e) Execute the powers stipulated at point 1 clause 19 article 1 of the ordinance on amendments,
additions to several articles of 2008 administrative offence penalty ordinance.
3. Chief Inspector of Ministry of Information and Communications is entitled to:
a)
b)
c)
d)
Issue warning;
Impose fines of up to 70,000,000 VND;
Strip license use right, written postal operation notice confirmation under competence;
Confiscate exhibits, vehicles used for administrative offences;
đ) Take remedial measures as stipulated at points a, c, d, đ, e, g and h clause 3, Article 5of this
Decree;
e) Execute the powers stipulated at point 1 clause 19 Article 1 of the Ordinance on
amendments and additions to several articles of 2008 administrative offence penalty
ordinance.
Article 29. Other specialty inspector’s competence to impose penalty
Within the state management power provided by the Government, inspectors and chief
inspectors of other specialty inspection agencies are entitled to impose penalties for
administrative offences in postal sector within their state management.
Article 30. All-level People’s Committees’ power to impose penalty
Chairpersons of all-level People’s Committee are entitled to impose penalty under the powers
provided at clauses 4 and 5 Article 1 of Ordinance on amendments and additions to several
articles of 2008 ordinance on handling administrative offence within their management area for
administrative violations in postal sector provided at this Decree.
Article 31. Powers to impose penalty of People’s public security, border defense soldiers,
sea policemen, customs, tax agencies, competition management agencies, market
management agencies
People’s public security, border defense soldiers, sea policemen, customs agencies, tax
agencies, competition management agencies, market management agencies are entitled to
impose penalty under the powers specified at clauses 6, 7, 8, 9, 11, and 15 in Article 1 of
Ordinance on amendments and additions to several articles of Ordinance on handling
administrative violations of 2008 and Article 37 of Ordinance on handling administrative
violations of 2002 for administrative violations in postal sector directly related to their
management fields specified at this Decree.
Article 32. Delimit powers to impose penalty for administrative offences
1. In case an administrative offence belongs to the power to impose penalty of many people,
the penalty is imposed by the first person that receives.
2. The powers to impose penalty of the people specified at Articles 28, 29, 30 and 31 of this
Decree powers applied to an administrative violation. In case of a fine, the power to impose
penalty is defined based on maximum level of fine framework stipulated for each specific
violation.
3. In case of imposing penalty for one person who commits many administrative violations, the
power to impose penalty is defined as principle specified at point 3 of clause 7 in Article 1
of Ordinance on amendments and additions to several articles of Ordinance on handling
administrative violations of 2008.
Article 33. Procedure for imposing penalty for administrative violations and
implementation of decisions on penalty
1. Procedure for imposing penalty for administrative violations follows the regulations of
Ordinance on handling administrative violations and Decree No. 128/2008/ND-CP dated
December 16th, 2008 by the Government stipulating in details the implementation of some
articles of Ordinance on handling administrative violations of 2002 and Ordinance on
amendments and additions to several articles of Ordinance on handling administrative
violations of 2008.
2. Application of coercive measures of implementing decision on imposing penalty for
administrative violations is executed as provided at Decree No. 37/2005/ND-CP dated
March 18th, 2005 by the Government stipulating procedure for application of coercive
measures of implementing decision on imposing penalty for administrative violations and
clause 27 in Article 1 of Ordinance on amendments and additions to several articles of 2008
Ordinance of handling administrative violations.
3. Cases of administrative violation are imposed penalty must be made into records and stored
fully at the agency of imposing penalty within the duration provided by the law.
Article 34. Minutes form, decision form used in penalty for administrative violations in
postal sector
Promulgating with this Decree annexes of minutes form, and decision form used in penalty for
administrative violations in postal sector.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 35. Effect
This Decree takes effect as of September 01st, 2011 and replaces Section 1, Chapter II, Decree
No. 142/2004/ND-CP dated July 08th, 2004 stipulating penalty against administrative violations
in postal, telecommunication and radio frequency sectors, Decree No. 55/2010/ND-CP dated
May 24th, 2010 on amendments and additions to some articles of Decree No. 142/2004/ND-CP
dated July 08th, 2004 stipulating penalty for administrative violations in postal,
telecommunication and radio frequency sectors.
Article 36. Responsibility for Implementation
Minister of Information and Communications, ministers, heads of level-ministerial agencies,
heads of agencies under the government, chairpersons of people’s committees of provinces,
cities, municipalities take responsibility for implementing this Decree./.
Recipients:
-
-
Party Central Secretariat;
Prime minister, Deputy prime ministers of the Government;
Ministries, level-ministerial agencies, agencies under the Government;
Office of central committee for directing prevention and anti-corruption;
People’s Councils, People’s Committees of provinces, cities directly under the
central government;
Central office and the Party’s boards;
Office of the country’s president;
National council and committees of National Assembly;
Office of National Assembly;
Supreme People’s Court of Vietnam;
Supreme People’s Procuratorate;
The State’s Audit
National financial supervision committee;
Vietnam Bank for Social Policies;
Vietnam Bank for Development;\
Central Committee of the Vietnam Fatherland Front ;
Central offices of Mass organizations
The government’s office: BTCN, PCNs, Portal, departments, bureaus, subordinate
units, gazette;
Filed at: archives, KTN (5b), Q.290
FOR THE GOVERNMENT
THE PRIME MINISTER
(Signed and sealed)
Nguyen Tan Dung
Annex
SOME MINUTES AND DECISION FORMS USED FOR PENALTY AGAINST
ADMINISTRATIVE VIOLATIONS IN POSTAL SECTOR
(Promulgated with Decree No. 58/2011/ND-CP dated July 08th, 2011 by the Government)
1. Minutes Form No. 01
Minutes on sequestration of exhibits, vehicles
of administrative violations
2. Minutes Form No. 02
Minutes on searching for transport vehicles,
objects as administrative procedures
3. Minutes Form No.03
Minutes on administrative violation
4. Minutes Form No. 04
Minutes on confiscation of exhibits and
vehicles of administrative violation
5. Minutes Form No. 05
Minutes on transferring exhibits, vehicles of
administrative violation to the functional
authority
6. Minutes Form No.06
Minutes on transferring records, exhibits,
vehicles of administrative violation to
investigating body
7. Minutes Form No. 07
Minutes on sealing/open seal of materials
8. Minutes Form No. 08
Minutes on inventory of assets
9. Decision Form No. 01
Decision on sequestration of exhibits, vehicles
of administrative violations
10. Decision Form No. 02
Decision on punishment for administrative
violations in the form of fine (according to
simple procedure)
11. Decision Form No. 03
Decision on penalty for administrative
violations in the form of warning (according
to simple procedure)
12. Decision Form No. 04
Decision on imposing penalty for
administrative violation
13. Decision Form No. 05
Decision on returning exhibits, vehicle of
administrative violation
14. Decision Form No. 06
Decision on confiscation of exhibits, vehicles
of administrative violation
Minutes Form No. 01
NAME OF GOVERNING BODY
SOCIALIST REPUBLIC OF VIETNAM
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
Independence – Freedom – Happiness
No.: ……../BB-TGTVPT
…….,date…..month……year…………
MINUTES
On sequestration of exhibits, vehicles of administrative violations
For……………………….(11)
Pursuant to Article 46 of Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Decree No………….by the Government stipulating penalty for administrative
violations in postal sector;
Pursuant to Decision on sequestration of exhibits, vehicles of administrative violation No.
…/QD-TGTVPT dated ……month……year ………..by………………….;
To have a basis for additionally verifying the case of administrative violation/or preventing
from administrative violation immediately,
Today, at …………date……..month……..year……..at………………
We are:
1. Mr. (Ms.) ………………. Position:……………………..
2. Mr. (Ms.) ………………. Position:……………………..
Violating party named as:
Mr. (Ms.)/Organization:………………………………………………………………(22)
Occupation/ field of operation:………………………………………………………….
Address:…………………………………………………………………………………
ID card/ Establishment Decision or Certificate of business registration No………… issued
on………………….at……………………………………………
In witness of :
1. Mr (Ms.) ……………………………………………Occupation:………………………
Address: …………………………………………………………………………………….
1
Writing the field of state management
2
If it is an organization, write full name, position of representative for such organization.
ID card No………………………..date of issue:…………place of issue:………………….
2. Mr. (Ms.) ……………………………………………Occupation:………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
Conduct establishing the minutes on temporarily detaining exhibit, vehicle of administrative
violation including:
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Apart from the foresaid exhibit, vehicles temporarily detained, we don’t temporarily detain
anything else.
The minutes is made into two copies of equal validity and with the same content one of which is
delivered to individual/representative of violating organization, and one for agency of
establishing minutes.
The minutes consists of ………….page(s), signed for confirmation on each page by a violator/
representative of violating organization, witness, minutes maker.
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together or have other opinions as follows:
Other additional opinions (if any):………………………………………………………………..
…………………………………………………………………………………………………….
THE PERSON WHO MAKES A
DECISION ON DETAINING
(Signature, full name)
VIOLATOR OR REPRESENTATIVE OF
VIOLATING ORGANIZATION
PREPARED BY
(Signature, full name)
(Signature, full name)
WITNESS
REPRESENTATIVE OF GOVERNMENT
(Signature, full name)
(Signature, full name)
Minutes Form No. 02
NAME OF GOVERNING BODY
SOCIALIST REPUBLIC OF VIETNAM
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
Independence – Freedom – Happiness
No.: ……../BB-KPTDV
…….,date…..month……year…………
MINUTES
On searching transportation vehicles, objects according to administrative procedure
Pursuant to Article 48 of Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Today, at …………date……..month……..year……..at………………
We are:
1. Mr. (Ms.) ………………………………………………. Position:……………………..
2. Mr. (Ms.) ……………………………………….………. Position:……………………..
3. Mr. (Ms.) ……………………………………….………. Position:……………………..
In witness of :
1. Mr (Ms.) ……………………………………………Occupation:………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
2. Mr. (Ms.) ……………………………………………Occupation:………………………
Address: …………………………………………………………………………………
ID card No………………………..date of issue:…………place of issue:………………
Conduct searching the transportation vehicle and object such as: ………………………….
……………………………………………………………………………………………….
Because of having the basis that these transportation vehicles and object hide exhibits of
administrative violation.
The owner of transportation vehicle and object (or transportation vehicle driver) is:
1. Mr. (Ms.) ……………………………………………Occupation:…………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
2. Mr. (Ms.) ……………………………………………Occupation:…………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
Scope of searching: ……………………………………………………………………………
The transportation vehicles and objects of administrative violation include:
No.
Name of
exhibit,
vehicle
Unit
Quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Searching the transportation vehicles, objects according to administrative procedures ends at
………..date……….month………….year……………..
The minutes is made into two copies of equal validity and with the same content, one for
transportation vehicle and object owner/ transportation vehicle driver, one for filing at agency of
establishing minutes.
The minutes consists of ………….page(s), signed for confirmation on each page by a violator/,
witness, minutes maker.
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together or have other opinions as follows:
Other additional opinions (if any):………………………………………………………………..
…………………………………………………………………………………………………….
SEARCHING DECISION SIGNATORY
(Signature, full name)
TRANSPORTATION VEHICLE AND
OBJECT OWNER OR VEHICLE
DRIVER
SEARCHED BY
(Signature, full name)
(Signature, full name)
WITNESS
PREPARED BY
(Signature, full name)
(Signature, full name)
Minutes Form No. 03
NAME OF GOVERNING BODY
SOCIALIST REPUBLIC OF VIETNAM
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
Independence – Freedom – Happiness
No.: ……../BB-VPHC
…….,date…..month……year…………
MINUTES
On administrative violation against ……………………….(1)
Today, at …………date……..month……..year……..at………………
We are:
1. Mr. (Ms.) …………………………………………….. Position:……………………..
2. Mr. (Ms.) …………………………………………….. Position:……………………..
In witness of :
1. Mr (Ms.) ………………………………………Occupation/position:………………………
Address: …………………………………………………………………………………………
ID card No………………………..date of issue:…………place of issue:………………….
2. Mr. (Ms.) ………………………………………Occupation/position:………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
Conduct establishing the minutes on administrative violation against …………………..for:
-
Mr. (Ms.)/organization…………………….Occupation (field of operation):…………..
Address:…………………………………………………………………………………
ID card/Establishment decision/Certificate of business registration No………………..
date of issue…………………………………..place of issue…………………………..
has violated administratively as follows:……………………………………………….
…………………………………………………………………………………………(3)
The above acts have violated the regulations at point …………..clause…………..Article……
Of Decree No……………………
Damaged person/damage organization:
-
Mr. (Ms.)/organization:…………………………………………………………………
1
Write the state management sector
2
if an organization, write full name, position of representative for such organization
-
Address:………………………………………………………………………………...
ID card No………………….date of issue……………place of issue…………………
Opinions of administrative violator/representative of administrative violating organization:
Opinions of witness:……………………………………………………………………………
Opinions of damaged person/representative of damaged organization caused by administrative
violation (if any):
Opinions of the person with power: require Mr. (Ms.)/organization……………………..to
suspend the violations immediately.
Applied measures for preventing from administrative violation include:………………………
........................................................................... ..........................................................................
We temporarily detain the following exhibits, vehicles to move to: ....................................... for
competent authority to resolve.
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Apart from the foresaid exhibit, vehicles, we don’t temporarily detain anything else.
Require Mr. (Ms.)/representative of violating organization who is present at………………….at
………at……….date……………month………………year…………….to settle the violation.
The minutes is made into ………… copies of equal validity and with the same content, one for
violator/ representative of violating organization, and one as a report for the competent
authority to impose penalty and………….
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together or have other opinions as follows:
Other additional opinions (if any):………………………………………………………………..
…………………………………………………………………………………………………….
The minutes consists of ………….page(s), signed for confirmation on each page by a violator/
representative of violating organization, witness, minutes maker.
3
If there are many violations, specify each violation.
VIOLATOR
DAMAGED PERSON
(OR REPRESENTATIVE OF
VIOLATING ORGANIZATION)
(OR DAMAGED ORGANIZATION)
(Signature, full name) (5)
4
(Signature, full name) ( )
WITNESS
REPRESENTATIVE OF GOVERNMENT
(Signature, full name)
(Signature, full name) (If any)
PREPARED BY
(Signature, full name)
4
If not signing, specify the reason why the violator/representative of violating organization
does not sign the minutes.
5
If not signing, specify the reason why the damaged person /representative of damaged
organization does not sign the minutes
Minutes Form No. 04
NAME OF GOVERNING BODY
SOCIALIST REPUBLIC OF VIETNAM
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
Independence – Freedom – Happiness
No.: ……../BB…….,date…..month……year…………
MINUTES
On confiscation of exhibit, vehicle of administrative violation against
……………………….(1)
Pursuant to Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Pursuant to Decision on imposing penalty for administrative violation No…………….
Date…………month………….year…………………..of…………………on…………
Pursuant to the Minutes on temporary detaining of exhibit, vehicle of administrative violation
No………………..date…………….month………….year…………………of………………..
Today, at …………date……..month……..year……..at………………
We are:
1. Mr. (Ms.) …………………………………………….. Position:……………………..
2. Mr. (Ms.) …………………………………………….. Position:……………………..
Violating party named as:
Mr. (Ms.)/Organization:………………………………………………………………(2)
Occupation/ field of operation:………………………………………………………….
Address:…………………………………………………………………………………
ID card/ Establishment Decision or Certificate of business registration No………… issued
on………………….at……………………………………………………………………….
In witness of :
1. Mr (Ms.) ………………………………………Occupation:…………………………………
Address: …………………………………………………………………………………………
ID card No………………………..date of issue:…………place of issue:………………….
1
Write the state management sector
2
if an organization write full name, position of representative for such organization
2. Mr. (Ms.) ………………………………………Occupation:………………………………
Address: …………………………………………………………………………………….
ID card No………………………..date of issue:…………place of issue:………………….
Conduct establishing the minutes on confiscation of exhibit, vehicle of administrative violation
concluding:
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Apart from the foresaid exhibit, vehicles, we don’t temporarily detain anything else.
Require Mr. (Ms.)/representative of violating organization who is present at………………….at
………at……….date……………month………………year…………….to settle the violation.
The minutes is made into two copies of equal validity and with the same content, one for
violator/ representative of violating organization, and one for the agency of establishing
minutes.
The minutes consists of ………….page(s), signed for confirmation on each page by a violator/
representative of violating organization, witness, minutes maker.
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together or have other opinions as follows:
Other additional opinions (if any):………………………………………………………………..
…………………………………………………………………………………………………….
VIOLATOR
PREPARED BY
(OR REPRESENTATIVE OF
VIOLATING ORGANIZATION)
(Signature, full name)
(Signature, full name)
THE PERSON WITH POWER TO
IMPOSE PENALTY
(Signature, full name)
WITNESS
(Signature, full name)
Minutes Form No. 05
NAME OF GOVERNING BODY
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
No.: ……../BB-
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
MINUTES
Transferring exhibit, vehicle of administrative violation against …………….(1)
to the functional agency
Pursuant to Decision on handling administrative violation No…………………….date…………
month……………..year…………….of………………………………………………………….;
Pursuant to the minutes on confiscation of exhibit, vehicle of administrative violation No. …….
Date……………month…………….year…………………….of. ……………………………….
Today, at……………, date………….month…………….year………………………………….;
At …………………………………………………………………………………………………
We are:
Representative of delivering party:
1. Mr. (Ms.) .......................................................... Position:……………………………………..
Unit: ....................................................................... ......................................................................
Representative of receiving party:
1. Mr. (Ms.) ........................................................... Position: ........................................................
Unit: ........................................................................ ......................................................................
Conduct hand over exhibit, vehicle of administrative violation including:
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Opinions of receiving party (if any): ...................... ......................................................................
Both parties deliver and receive full violating exhibit, vehicle as mentioned above. Delivery and
receipt end at …………………date……………...month……………year………………………
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together.
1
Write the state management sector
The minutes is made into two copies, one for each party.
The minutes consists of …………page(s), signed for confirmation on each page by a violator/
representative of violating organization, witness, minutes maker.
REPRESENTATIVE OF RECEIVING
PARTY
REPRESENTATIVE OF DELIVERING
PARTY
(signature, full name, stamp)
(signature, full name, stamp)
Minutes Form No. 06
NAME OF GOVERNING BODY
NAME OF AGENCY WHICH
ESTABLISHES MINUTES
No.: ……../BB-………….(1)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
MINUTES
Handing over the record, exhibit, vehicle of administrative violation against
……………………………………..(1) to investigating body
Pursuant to Decision No…….date……….month…………year………….by…………….on
moving the record of administrative violation to ……………………..(1) to the investigating
body;
Today, at…………, date…………..month……………………year………………………….;
At ..................................................................................................................................................
We are:
Representative of delivering party:
1. Mr. (Ms.) ........................................................... Position:……………………………………..
Unit: ....................................................................... ......................................................................
2. Mr. (Ms.) .......................................................... Position:……………………………………..
Unit: ....................................................................... ......................................................................
Representative of receiving party:
1. Mr. (Ms.) ........................................................... Position:……………………………………..
Unit: ....................................................................... ......................................................................
2. Mr. (Ms.) .......................................................... Position:……………………………………..
Unit: ....................................................................... ......................................................................
Conduct handing over the record, exhibit, and vehicle of administrative violation including:
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Opinions of receiving party: ..........................................................................................................
Both parties deliver and receive the record, violating exhibit, vehicle fully as mentioned above.
Delivery and receipt end at………………date……………...month……………year…………
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together. The minutes is made into two copies,
1
Write the state management sector
One for each party.
The minutes consists of …………page(s), signed for confirmation on each page by a violator/
representative of violating organization, witness, minutes maker.
REPRESENTATIVE OF RECEIVING
PARTY
REPRESENTATIVE OF DELIVERING
PARTY
(signature, full name, stamp)
(signature, full name, stamp)
Minutes Form No. 07
NAME OF GOVERNING BODY
INSPECTION TEAM
No.: ……../BB- DTT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
MINUTES
Sealing/opening the seal on documents
Today, at………………., date……………………month………..year…………………………;
At ..................................................................................................................................................
We are:
Representative of inspection team:
1. Mr. (Ms.) ........................................................... Position: ........................................................
2. Mr. (Ms.) ........................................................... Position: ........................................................
Representative for the organization, individual who is owner of document:
1. Mr. (Ms.) ........................................................... Position: ........................................................
- Address: ..................................................... ......................................................................
- ID card No. ................................................ issued on……………at……………………
2. Mr. (Ms) ............................................................ Position: ........................................................
- Address: ..................................................... ......................................................................
- ID card No. ................................................ issued on……………at……………………
In witness of:
Mr. (Ms.) ............................................................... Position: ........................................................
-
Address: .................................................... ......................................................................
ID card No. ................................................ issued on……………at……………………
Conduct sealing/opening the seal on the document related to the content of inspection
including: ............................................................... ......................................................................
............................................................................... ......................................................................
(In case of opening the seal, must write the state of seal before opening in details)
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together.
The minutes is made into two copies, one for each party./.
REPRESENTATIVE OF
ORGANIZATION, INDIVIDUAL
(signature, full name, stamp)
WITNESS
(signature, full name, stamp)
THE PERSON OF SEALING OR
OPENING SEAL
(signature, full name, stamp)
Minutes Form No. 08
NAME OF GOVERNING BODY
INSPECTION TEAM
No.: ……../BB- DTT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
MINUTES
On inventory of assets
Pursuant to Decision No…………….date…..month…year…..by…….on inventory of assets.
Today, at………………., date……………………month………..year…………………………;
At ..................................................................................................................................................
We are:
Representative of inspection team:
1. Mr. (Ms.)............................................................ Position: ........................................................
2. Mr. (Ms.)............................................................ Position: ........................................................
Representative for the organization, individual with inventory assets:
1. Mr. (Ms.) ........................................................... Position: ........................................................
- Address: ..................................................... ......................................................................
- ID card No. ................................................ issued on……………at……………………
2. Mr. (Ms) ............................................................ Position: ........................................................
- Address: ..................................................... ......................................................................
- ID card No. ................................................ issued on……………at……………………
In witness of:
Mr. (Ms.) ............................................................... Position: ........................................................
-
Address: .................................................... ......................................................................
ID card No. ................................................ issued on……………at……………………
Draw up the inventory for assets including: .......... ......................................................................
(Write name, quantity, state of assets)\
The inventory ends at …………..date………….month……………year……………………..
After reading the minutes, the people who are present agree about the content of minutes,
without any other opinions and sign the minutes together.
The minutes is made into two copies, one for each party./.
REPRESENTATIVE OF
ORGANIZATION, INDIVIDUAL
(signature, full name, stamp)
WITNESS
(signature, full name, stamp)
REPRESENTATIVE OF INSPECTION
TEAM
(signature, full name, stamp)
Minutes Form No. 01
NAME OF GOVERNING BODY
NAME OF AUTHORITY OF MAKING A
DECISION
No.: ……../QD- TGTVPT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Temporarily detaining exhibit, vehicle of administrative violation
Against…………………………..(1)
Pursuant to Article 46 of Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling of administrative violation dated April 02nd, 2008;
Pursuant to Article ………of Decree No……….by the Government stipulating …………(2);
I am: ........................................................................ Position .........................................................
Workplace: .............................................................. ......................................................................
DECIDES:
Article 1. Temporarily to detain exhibit, vehicle of administrative violation of:
-
Mr. (Ms.)/organization: ..................................... .................................................................. (3)
Occupation/Field of operation: ......................... ......................................................................
Address: ............................................................ ......................................................................
ID card/Establishment Decision or Certificate of Business Registration No……………..
Date of issue:..................................................... place of issue: ...............................................
Reason:
Has had administrative violation: .......................... .................................................................. (4)
Stipulated at point…….clause……..Article………..of Decree No……………….by the
Government ........................................................... ......................................................................
Temporary detaining of exhibit, vehicle of administrative violation is made into minutes
(accompanied with this Decision).
Article 2. This decision is valid from the signing date.
This Decision is sent to:
1. Mr. (Ms.)/Organization: ............................ ................................................ to implement.
2. .. ................................................................. ......................................................................
This Decision consists of………….page(s), joint-sealed among pages./.
DECISION MAKER
(Signature, full name and stamp)
1
Write the state management sector
2
Write Article of Decree stipulating power of decision maker.
3
If an organization, write full name, position of representative of such organization.
4
If there are many violations, specify each violation.
Minutes Form No. 02
NAME OF GOVERNING BODY
NAME OF AGENCY OF MAKING A
DECISION
No.: ……../QD- XPHC
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Imposing penalty for administrative violation against …………………(1)
By a fine
(According to simple procedure)
Pursuant to Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Pursuant to Article ….Decree No………..by the Government stipulating penalty for
administrative violation in postal sector;
Considering the violation performed by Mr. (Ms.)/organization ……………………..at:
................................................................................ ......................................................................
I am: ....................................................................... Position ........................................................
Workplace: ............................................................. ......................................................................
DECIDES:
Article 1. To impose penalty for administrative violation according to simple procedure for:
-
Mr. (Ms.)/Organization: .................................... .................................................................. (2)
-
Occupation/field of operation: .......................... ......................................................................
-
Address: ............................................................ ......................................................................
-
ID card/Establishment Decision or Certificate of Business Registration No……………..
Date of issue:..................................................... place of issue: ...............................................
By the form of a fine of .................................. ............................................................. VND
(In words: ......................................................... ..................................................................... )
Reason:
Has had administrative violation: .......................... .................................................................. (3)
The act of Mr. (Ms.)/organization…………………………has violated the regulation at
1
Write Write the state management sector
2
If an organization, write full name, position of representative of such organization.
point……………….clause……….Article …………….of Decree No…………………………
by the Government ................................................ ......................................................................
Article 2. Mr. (Ms.)/organization:......................... must strictly implement and comply with the
Decision on imposing penalty within ten days after being delivering decision on the
…………day ……….month, ………year.
Exceeding this duration, if Mr. (Ms.)/organization ....…………………does not implement the
Decision on imposing penalty on purpose, he/she/it will be enforced to implement and must
bear all costs for organization of enforcing.
The fine must be paid at the time of collecting: ……………at The State’s Treasury………….
............................................................................... ......................................................................
Mr. (Ms.)/Organization: ....................................... has right to complaint, sue for this Decision
as stipulated by the law. Complaint, suing of Mr. (Ms.)/organization does not suspend the
implementation of decision on imposing penalty.
Article 3. This decision is valid from the signing date.
This Decision is sent to:
1. Mr. (Ms.)/Organization: ............................ ................................................ to implement.
2. The Treasury.. ............................................ ............................................... to collect fine;
3. . .................................................................. ......................................................................
This Decision consists of………….page(s), joint-sealed among pages./.
DECISION MAKER
(Signature, full name and stamp)
3
If there are many violations, specify each violation.
Minutes Form No. 03
NAME OF GOVERNING BODY
NAME OF AGENCY OF MAKING A
DECISION
No.: ……../QD- XPHC
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Imposing penalty for administrative violation against …………………(1)
By the form of issuing warning
(According to simple procedure)
Pursuant to Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Pursuant to Article ….Decree No………..by the Government stipulating penalty for
administrative violation in postal sector;
Considering the violation performed by Mr. (Ms.)/organization ……………… at point : .........
I am: ....................................................................... Position ........................................................
Workplace: ............................................................. ......................................................................
DECIDES:
Article 1. To issuing warning according to simple procedure for:
-
Mr. (Ms.)/Organization: .................................... .................................................................. (2)
-
Occupation/field of operation: .......................... ......................................................................
-
Address: ............................................................ ......................................................................
-
ID card/Establishment Decision or Certificate of Business Registration No……………..
Date of issue:..................................................... place of issue: ...............................................
Reason:
Has had administrative violation: .......................... .................................................................. (3)
stipulated at point …….clause ……….in Article …..of Decree No…………..by the
Government .......................................................... ......................................................................
1
Write Write the state management sector
2
If an organization, write full name, position of representative of such organization.
Article 2. This decision is valid from the signing date.
This Decision is sent to:
1. Mr. (Ms.)/Organization: ............................ ................................................ to implement.
2. . .................................................................. ......................................................................
This Decision consists of………….page(s), joint-sealed among pages./.
DECISION MAKER
(Signature, full name and stamp)
3
If there are many violations, specify each violation.
Minutes Form No. 04
NAME OF GOVERNING BODY
NAME OF AGENCY OF MAKING A
DECISION
No.: ……../QD- XPHC
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Imposing penalty for administrative violation against …………………(1)
Pursuant to Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Pursuant to Article ….Decree No………..by the Government stipulating penalty for
administrative violation in postal sector;
Pursuant to the Minutes on administrative violation No………..dated .........................................
Considering the violation performed by Mr. (Ms.)/organization ………………… at point: ......
I am: ....................................................................... Position ........................................................
Workplace: ............................................................. ......................................................................
DECIDES:
Article 1. To impose penalty for administrative violation for:
-
Mr. (Ms.)/Organization: .................................... .................................................................. (2)
-
Occupation/field of operation: .......................... ......................................................................
-
Address: ............................................................ ......................................................................
-
ID card/Establishment Decision or Certificate of Business Registration No……………..
Date of issue:..................................................... place of issue: ...............................................
With the following forms:
1. Main form of penalty:
A fine of …………………..VND (In words: ................................................................... )
2. Addition penalty (if any):............................ ......................................................................
3. Remedial measures (if any): ....................... ......................................................................
1
2
Write Write the state management sector
If an organization, write full name, position of representative of such organization.
Reason:
Has had administrative violation: .......................... .................................................................. (3)
The act of Mr. (Ms.)/Organization ........................ …….has violated the regulation at at point
…….clause ……….in Article …..of Decree No…………..by the Government ........................
............................................................................... ......................................................................
Article 2. Mr. (Ms.)/organization:......................... must strictly implement and comply with the
Decision on imposing penalty within ten days after being delivering decision on the
…………day ……….month, ………year.
Exceeding this duration, if Mr. (Ms.)/organization ....…………………does not implement the
Decision on imposing penalty on purpose, he/she/it will be enforced to implement and must
bear all costs for organization of enforcing.
The fine must be paid at the time of collecting: ……………at The State’s Treasury………….
............................................................................... ......................................................................
Mr. (Ms.)/Organization: ....................................... has right to complaint, sue for this Decision
as stipulated by the law. Complaint, suing of Mr. (Ms.)/organization does not suspend the
implementation of decision on imposing penalty.
Article 3. This decision is valid from the signing date.
This Decision is assigned to:
1. Mr. (Ms.)/Organization: ............................ ................................................ to implement.
2. The Treasury.. ............................................ ............................................... to collect fine;
3. . .................................................................. ......................................................................
This Decision consists of………….page(s), joint-sealed among pages./.
DECISION MAKER
(Signature, full name and stamp)
3
If there are many violations, specify each violation.
Minutes Form No. 05
NAME OF GOVERNING BODY
NAME OF AGENCY OF MAKING A
DECISION
No.: ……../QD- TLTVPT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Returning exhibit, vehicle of administrative violation against …………………(1)
Pursuant to Ordinance on handling administrative violation dated July 02nd, 2002;
Pursuant to Ordinance on amendments and additions to several articles of Ordinance on
handling administrative violation dated April 02nd, 2008;
Pursuant to Article ….Decree No………..by the Government stipulating penalty for
administrative violation in postal sector;
Pursuant to .............................................................. ......................................................................
I am: ....................................................................... Position ........................................................
Workplace: ............................................................. ......................................................................
DECIDES:
Article 1. To return exhibit, vehicle of administrative violation to:
-
Mr. (Ms.)/Organization: .................................... .................................................................. (3)
-
Occupation/field of operation: .......................... ......................................................................
-
Address: ............................................................ ......................................................................
-
ID card/Establishment Decision or Certificate of Business Registration No……………..
Date of issue:..................................................... place of issue: ...............................................
Reason:
Returning exhibit, vehicle of administrative violation is made minutes (accompanied with this
Decision).
1
Write Write the state management sector
Write Article of Decree that stipulates the power of person of making the decision
obviously.
2
If an organization, write full name, position of representative of such organization.
2
Article 2. This decision is valid from the signing date.
This Decision is sent to:
-
Mr. (Ms.)/Organization: ............................ ................................................ to implement.
.. ................................................................. (Superior inspector of the State) to know./.
DECISION MAKER
(Signature, full name and stamp)
Minutes Form No. 06
NAME OF GOVERNING BODY
NAME OF AGENCY OF MAKING A
DECISION
No.: ……../QD- TLTVPT
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
…….,date…..month……year…………
DECISION
Confiscating exhibit, vehicle of administrative violation against …………………(1)
Pursuant to Article 35 of Decree No. 128/2008/ND-CP dated December 16th, 2008 by the
Government stipulating in details the implementation of some articles of Ordinance on handling
administrative violation of 2002 2002and Ordinance on amendments and additions to several
articles of 2008 Ordinance on handling administrative violation;
Pursuant to Article 11 Decree No. 70/2006/ND-CP dated July 24th, 2006 by the Government
stipulating the management of exhibits, vehicles detained according to administrative
procedure;
Pursuant to Decision on penalty for administrative penalty No………………..dated……….
,month………………year by the …… .................. ..................................................................... ;
I : ............................................................................. Position ........................................................
Workplace: .............................................................. ......................................................................
DECIDES:
Article 1. To confiscate the exhibits, vehicles of administrative violation including:
No.
Name of
exhibit,
vehicle
unit
quantity
Type, mark,
origin,
condition of
exhibit,
vehicle
Note
Because of not defining legal owner/manager/user or these people don’t come to receive.
The confiscation of exhibit, vehicle of administrative violation is made minutes (accompanied
with this Decision).
Article 2. This decision is valid from the signing date.
1
Write the state management sector
The decision is sent to a competent financial authority or Centre for service of selling on auction
or the State’s Treasury.
This Decision consists of ……….page(s), joint-sealed among pages./.
DECISION MAKER
(Signature, full name and stamp)