Decree No. 211/2025/ND-CP

DECREE

PROVIDING FOR CIVIL CRYPTOGRAPHY ACTIVITIES AND AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 15/2020/NĐ-CP DATED FEBRUARY 3, 2020 OF THE GOVERNMENT PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF POSTAL SERVICES, TELECOMMUNICATIONS, RADIO FREQUENCIES, INFORMATION TECHNOLOGY AND ELECTRONIC TRANSACTIONS, AS AMENDED AND SUPPLEMENTED BY DECREE No. 14/2022/NĐ-CP DATED JANUARY 27, 2022 OF THE GOVERNMENT

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Network Information Security No. 86/2015/QH13;

Pursuant to the Law on Investment No. 61/2020/QH14, as amended and supplemented by Law No. 57/2024/QH14;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13, as amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15;

Pursuant to the Law Amending and Supplementing a Number of Articles of 37 Laws Related to Planning No. 35/2018/QH14;

At the proposal of the Minister of National Defence;

The Government promulgates the Decree providing for civil cryptography activities and amending and supplementing a number of articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government providing for sanctioning of administrative violations in the fields of postal services, telecommunications, radio frequencies, information technology and electronic transactions, as amended and supplemented by Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Network Information Security regarding trading in civil cryptography products and services, export and import of civil cryptography products, and conformity assessment of civil cryptography products, and amends and supplements a number of articles of Decree No. 15/2020/NĐ-CP dated February 3, 2020 of the Government providing for sanctioning of administrative violations in the fields of postal services, telecommunications, radio frequencies, information technology and electronic transactions, as amended and supplemented by Decree No. 14/2022/NĐ-CP dated January 27, 2022 of the Government.

Article 2. Subjects of application

1. Enterprises trading in civil cryptography products and services, exporting and importing civil cryptography products; organizations participating in conformity assessment activities for civil cryptography products, and other related organizations and individuals.

2. Organizations and individuals committing administrative violations in the business and use of civil cryptography; persons competent to make records and sanction administrative violations in the business and use of civil cryptography, and other related organizations and individuals.

Chapter II

TRADING IN CIVIL CRYPTOGRAPHY PRODUCTS AND SERVICES, AND EXPORT AND IMPORT OF CIVIL CRYPTOGRAPHY PRODUCTS

Article 3. List of civil cryptography products and services, and List of civil cryptography products exported and imported under licence

To promulgate the List of civil cryptography products and services in Appendix I and the List of civil cryptography products exported and imported under licence in Appendix II attached to this Decree.

Article 4. Application of the List of civil cryptography products exported and imported under licence

1. The List of civil cryptography products exported and imported under licence applies only to civil cryptography products whose HS code, description of goods, and description of cryptographic technical characteristics all match the HS code, description of goods, and description of cryptographic technical characteristics of the goods on the List.

2. Where there is a discrepancy in determining the code of goods between the List issued together with this Decree and Vietnam's List of Exported and Imported Goods, the code of goods shall be determined in accordance with customs law.

Article 5. Conditions for grant of a Licence for trading in civil cryptography products and services

1. An enterprise shall be granted a Licence for trading in civil cryptography products and services when it fully satisfies the conditions prescribed in Clause 2, Article 31 of the Law on Network Information Security.

2. The licensing condition prescribed at point a, Clause 2, Article 31 of the Law on Network Information Security is specified as follows: The enterprise must have at least 02 technical staff holding a university degree or higher in one of the fields of electronics-telecommunications, information technology, mathematics, or information security; managerial and executive staff holding a university degree in one of the fields of electronics-telecommunications, information technology, mathematics, or information security, or a university degree in another discipline together with a training certificate in information security.

3. The licensing condition prescribed at point dd, Clause 2, Article 31 of the Law on Network Information Security is specified as follows: The enterprise must have a customer-service and technical-assurance system appropriate to the scope, targeted customers, and scale/quantity of products, implemented under Form No. 04 of Appendix III to this Decree.

Article 6. Order and procedures for initial grant, amendment/supplementation, re-grant, and extension of a Licence for trading in civil cryptography products and services

1. A dossier requesting initial grant of a Licence for trading in civil cryptography products and services comprises:

a) An application for grant of a Licence for trading in civil cryptography products and services, made according to Form No. 01 of Appendix III to this Decree;

b) A copy of the Enterprise Registration Certificate or Investment Registration Certificate or another document of equivalent validity;

c) A copy of the diploma or professional certificate on security and information safety of the managerial, executive, and technical staff;

d) A technical plan comprising documents on the technical characteristics and technical parameters of the products; product standards and technical regulations; service standards and quality; technical measures and solutions; and the product warranty and maintenance plan, made according to Form No. 03 of Appendix III to this Decree;

dd) A business plan comprising the scope, targeted customers, and scale/quantity of products and services, and the customer-service and technical-assurance system, made according to Form No. 04 of Appendix III to this Decree;

e) A security and network information safety plan for the management and provision of civil cryptography products and services, made according to Form No. 05 of Appendix III to this Decree.

2. A dossier requesting amendment/supplementation of a Licence for trading in civil cryptography products and services comprises:

a) An application for amendment/supplementation of the Licence, made according to Form No. 02 of Appendix III to this Decree;

b) A copy of the Enterprise Registration Certificate or Investment Registration Certificate or another document of equivalent validity;

c) The Licence for trading in civil cryptography products and services already granted;

d) The technical plan, business plan, and security and network information safety plan for the products/services requested to be added, as prescribed at points d, dd and e, Clause 1 of this Article, in cases where the enterprise requests to add civil cryptography products or services.

3. A dossier requesting re-grant of a Licence for trading in civil cryptography products and services comprises: An application for re-grant of the Licence, made according to Form No. 02 of Appendix III to this Decree.

4. A dossier requesting extension of a Licence for trading in civil cryptography products and services comprises:

a) An application for extension of the Licence, made according to Form No. 02 of Appendix III to this Decree;

b) The Licence for trading in civil cryptography products and services currently valid;

c) A report on the enterprise's operations over the latest 02 years.

5. For the dossier components at point b, Clause 1; points b and c, Clause 2; and point b, Clause 4 of this Article, the National Cipher Committee shall be responsible for looking them up in the National Database without requiring the enterprise to provide them.

6. Enterprises carrying out the procedures for initial grant, amendment/supplementation, re-grant, and extension of a Licence for trading in civil cryptography products and services shall submit 01 dossier directly, or via the postal system, or via the online public service to the National Cipher Committee, at telephone/fax number: 024-3232.3313, email: info@nacis.gov.vn, National Public Service Portal: https://dichvucong.gov.vn. Dossiers submitted online must be digitally signed in accordance with the law on digital signatures.

7. Within 03 working days from the date of receiving the dossier, the National Cipher Committee shall check its validity; where the dossier is invalid, it shall notify the enterprise in writing of the content requiring amendment/supplementation. Within 05 working days from the date of receiving the notice, the enterprise shall be responsible for completing the dossier. Where the amended/supplemented dossier still fails to meet the notified requirements, or the deadline for completing the dossier has passed, within 03 working days the National Cipher Committee shall notify the enterprise in writing of the reason for refusing to grant the licence.

From the date of receiving a complete and valid dossier, the National Cipher Committee shall appraise and grant a new Licence for trading in civil cryptography products and services within 20 days; re-grant a Licence for trading in civil cryptography products and services within 10 working days for cases of amendment/supplementation and extension of the licence; and re-grant a Licence for trading in civil cryptography products and services within 04 working days for cases where the licence is lost or damaged. Where the licence is refused, the National Cipher Committee shall notify the enterprise in writing, clearly stating the reason. The Licence for trading in civil cryptography products and services is made according to Form No. 06 of Appendix III to this Decree.

Article 7. Order and procedures for requesting grant of a Licence for export or import of civil cryptography products

1. A dossier requesting grant of a Licence for export or import of civil cryptography products shall be made in 01 set, comprising:

a) An application for grant of a Licence for export or import of civil cryptography products, made according to Form No. 07 of Appendix III to this Decree;

b) A copy of the Licence for trading in civil cryptography products and services;

c) A copy of the Certificate of Conformity for the imported civil cryptography product.

2. For the dossier components at points b and c, Clause 1 of this Article, the National Cipher Committee shall be responsible for looking them up in the National Database without requiring the enterprise to provide them.

3. Enterprises carrying out the procedures for grant of a Licence for export or import of civil cryptography products shall submit the dossier directly, or via the postal system, or via the online public service to the National Cipher Committee, at the address prescribed in Clause 6, Article 6 of this Decree.

4. Within 01 working day from the date of receiving the dossier, the National Cipher Committee shall check its validity; where the dossier is invalid, it shall notify the enterprise in writing of the content requiring amendment/supplementation. Where the amended/supplemented dossier still fails to meet the notified requirements, the National Cipher Committee shall notify the enterprise in writing of the reason for refusing to grant the licence.

From the date of receiving a complete and valid dossier, the National Cipher Committee shall appraise and grant the Licence for export or import of civil cryptography products within 07 working days. Where the licence is refused, the National Cipher Committee shall notify the enterprise in writing, clearly stating the reason. The Licence for export or import of civil cryptography products is made according to Form No. 08 of Appendix III to this Decree.

Chapter III

CONFORMITY ASSESSMENT OF CIVIL CRYPTOGRAPHY PRODUCTS

Article 8. Responsibility for managing conformity assessment activities for civil cryptography products

The National Cipher Committee shall assist the Minister of National Defence in managing conformity assessment activities for civil cryptography products, with the following tasks:

1. Granting the Certificate of Registration for conformity assessment activities for civil cryptography products.

2. Designating and managing the operations of conformity assessment organizations for civil cryptography products.

3. Receiving declarations of conformity for civil cryptography products.

Article 9. Conditions, order, and procedures for registration of conformity assessment activities, designation of conformity assessment organizations, and declaration of conformity for civil cryptography products

1. The conditions, order, and procedures for registration of conformity assessment activities; designation of conformity assessment organizations; and declaration of conformity for civil cryptography products shall comply with the current law on conditions, order, and procedures for registration of conformity assessment service business, designation of conformity assessment organizations, and declaration of conformity applicable to products and goods.

2. Dossiers for registration of conformity assessment activities, requests for designation of conformity assessment organizations, and declarations of conformity for civil cryptography products shall be submitted directly, or via the postal system, or via the online public service to the National Cipher Committee, at the address prescribed in Clause 6, Article 6 of this Decree.

Article 10. Recognition of conformity assessment results for civil cryptography products

1. The recognition of conformity assessment results for civil cryptography products between Vietnam and other countries or territories, and between Vietnamese conformity assessment organizations and conformity assessment organizations of other countries or territories, shall comply with the current law on standards and technical regulations.

2. The National Cipher Committee shall assist the Minister of National Defence in considering and deciding on unilateral recognition of conformity assessment results for civil cryptography products issued by international conformity assessment organizations or foreign conformity assessment organizations, in service of State management of civil cryptography.

Chapter IV

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 15/2020/NĐ-CP DATED FEBRUARY 3, 2020 OF THE GOVERNMENT PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF POSTAL SERVICES, TELECOMMUNICATIONS, RADIO FREQUENCIES, INFORMATION TECHNOLOGY AND ELECTRONIC TRANSACTIONS, AS AMENDED AND SUPPLEMENTED BY DECREE No. 14/2022/NĐ-CP DATED JANUARY 27, 2022 OF THE GOVERNMENT

Article 11. To amend and supplement a number of articles of Decree No. 15/2020/NĐ-CP as follows:

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a) To amend and supplement point a, Clause 2 as follows:

“a) Suspension of the right to use a licence for a term of between 01 month and 24 months applicable to the following licences: Postal Licence; Telecommunications Licence; Licence for establishment of a telecommunications network; Licence for installation of a submarine telecommunications cable; Licence for use of radio frequencies; Licence for trading in network information security products and services; Licence for establishment of a social network; Licence for provision of G1 online game services; Licence for provision of public digital signature certification services; Licence for trading in civil cryptography products and services; Licences and practising certificates;”.

b) To amend and supplement point b, Clause 2 as follows:

“b) Confiscation of exhibits and instrumentalities of administrative violations in the fields of postal services, telecommunications, radio frequencies, information technology, electronic transactions, and network information security;”.

c) To amend and supplement point n, Clause 3 as follows:

“n) Compulsory re-export of imported network information security products and imported civil cryptography products;”.

d) To amend point q, Clause 3 as follows:

“q) Recommending the competent authority to revoke a licence for violation of legal provisions;”.

dd) To add points r, s, t and u after point q, Clause 3 as follows:

“r) Compulsory reporting on the situation of trading in civil cryptography products and services and compiling of customer information; and on the situation of export and import of civil cryptography products;

s) Compulsory establishment, retention, and confidentiality of customer information, and of the name of type, quantity, and purpose of use of civil cryptography products and services;

t) Compulsory declaration of the use of civil cryptography products not supplied by an enterprise licensed to trade in civil cryptography products and services;

u) Compulsory provision of information relating to cryptographic keys to the competent State agency.”.

2. To add Articles 93a and 93b after Article 93 as follows:

“Article 93a. Violations of regulations on trading in the field of civil cryptography

1. A caution shall be imposed for the act of submitting to the National Cipher Committee a report on the situation of trading in civil cryptography products and services and compiling of customer information that is late by less than 01 month against the prescribed deadline.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:

a) Failing to manage, preserve, and archive dossiers and documents on the technical solutions and technology of civil cryptography products in accordance with the law on management, archiving, and preservation of dossiers and documents;

b) Failing to establish, retain, and keep confidential customer information, and the name, type, quantity, and purpose of use of civil cryptography products and services;

c) Failing to submit, or submitting late by 01 month or more against the prescribed deadline, a report to the National Cipher Committee on the situation of trading in civil cryptography products and services, export and import of civil cryptography products, and compiling of customer information.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to carry out procedures for amendment/supplementation of a Licence for trading in civil cryptography products and services upon a change of name or of the at-law representative.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for one of the following acts:

a) Failing to maintain one of the conditions for grant of a Licence for trading in civil cryptography products and services;

b) Failing to refuse to provide civil cryptography products or services upon discovering an organization or individual violating the law on the use of civil cryptography products or services, or violating an agreed commitment on the use of civil cryptography products or services supplied by the enterprise;

c) Using civil cryptography products or services not supplied by an enterprise licensed to trade in civil cryptography products and services, without declaring this to the National Cipher Committee.

5. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for one of the following acts:

a) Providing inaccurate information in order to be granted a Licence for trading in civil cryptography products and services;

b) Trading in civil cryptography products and services not in conformity with the content stated on the Licence for trading in civil cryptography products and services;

c) Refusing to provide information necessary in relation to cryptographic keys to the competent State agency upon request.

6. The fine level for the act of trading in civil cryptography products and services without a Licence for trading in civil cryptography products and services is prescribed as follows:

a) A fine of between VND 50,000,000 and VND 60,000,000 where the value of the violating goods is under VND 50,000,000;

b) A fine of between VND 60,000,000 and VND 80,000,000 where the value of the violating goods is from VND 50,000,000 to under VND 100,000,000;

c) A fine of between VND 80,000,000 and VND 100,000,000 where the value of the violating goods is from VND 100,000,000 to under VND 150,000,000;

d) A fine of between VND 100,000,000 and VND 120,000,000 where the value of the violating goods is from VND 150,000,000 to under VND 200,000,000;

dd) A fine of between VND 120,000,000 and VND 140,000,000 where the value of the violating goods is from VND 200,000,000 to under VND 250,000,000;

e) A fine of between VND 140,000,000 and VND 160,000,000 where the value of the violating goods is from VND 250,000,000 to under VND 300,000,000;

g) A fine of between VND 160,000,000 and VND 180,000,000 where the value of the violating goods is VND 300,000,000 or more.

7. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for one of the following acts:

a) Failing to cooperate with or create conditions for the competent State agency to carry out professional measures upon request;

b) Failing to temporarily suspend or cease providing civil cryptography products or services to ensure national defence, national security, social order and safety upon request of the competent State agency.

8. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for trading in civil cryptography products and services where the subject and purpose of use of the civil cryptography product cause harm to national defence, national security, social order and safety.

9. Additional sanctioning forms:

a) Suspension of the right to use the Licence for trading in civil cryptography products and services for between 03 months and 06 months for the violation prescribed at point b, Clause 4 of this Article;

b) Suspension for a fixed term of between 03 months and 06 months of business operations in trading in civil cryptography products and services, for the violation prescribed in Clause 7 of this Article;

c) Confiscation of exhibits and instrumentalities used to commit the violations prescribed in Clauses 6 and 8 of this Article.

10. Remedial measures:

a) Compulsory reporting on the situation of trading in civil cryptography products and services and compiling of customer information, for the act of failing to submit a report as prescribed at point c, Clause 2 of this Article;

b) Compulsory establishment, retention, and confidentiality of customer information, and of the name of type, quantity, and purpose of use of civil cryptography products and services, for the violation prescribed at point b, Clause 2 of this Article;

c) Compulsory declaration of the use of civil cryptography products or services not supplied by an enterprise licensed to trade in civil cryptography products and services, for the violation prescribed at point c, Clause 4 of this Article;

d) Compulsory provision of information relating to cryptographic keys to the competent State agency, for the violation prescribed at point c, Clause 5 of this Article;

dd) Compulsory disgorgement of illegal profits obtained from committing the violations prescribed at point b, Clause 4; points a and b, Clause 5; Clause 6; point b, Clause 7; and Clause 8 of this Article.

Article 93b. Violations of regulations on export and import of civil cryptography products

1. A caution shall be imposed for the act of submitting to the National Cipher Committee a report on the situation of export and import of civil cryptography products that is late by less than 01 month against the prescribed deadline.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to submit, or submitting late by 01 month or more against the prescribed deadline, a report to the National Cipher Committee on the situation of export and import of civil cryptography products.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to maintain one of the conditions for grant of a Licence for export or import of civil cryptography products, except for the condition prescribed at point c, Clause 2, Article 34 of the Law on Network Information Security.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for exporting or importing civil cryptography products not in conformity with the content stated on the Licence for export or import of civil cryptography products.

5. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for one of the following acts:

a) Providing inaccurate information in order to be granted a Licence for export or import of civil cryptography products;

b) Failing to cooperate with or create conditions for the competent State agency to carry out professional measures upon request.

6. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for exporting or importing civil cryptography products without a Licence for export or import of civil cryptography products.

7. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for one of the following acts:

a) Failing to temporarily suspend or cease exporting or importing civil cryptography products to ensure national defence, national security, social order and safety upon request of the competent State agency;

b) Exporting or importing civil cryptography products where the subject and purpose of use of the civil cryptography product cause harm to national defence, national security, social order and safety.

8. Additional sanctioning form:

Confiscation of exhibits and instrumentalities used to commit the violation prescribed in Clause 7 of this Article.

9. Remedial measures:

a) Compulsory reporting on the situation of export and import of civil cryptography products, for the act of failing to submit a report as prescribed in Clause 2 of this Article;

b) Compulsory disgorgement of illegal profits obtained from committing the violations prescribed in Clause 4; point a, Clause 5; and Clauses 6 and 7 of this Article;

c) Compulsory re-export of imported civil cryptography products, for the violation prescribed in Clause 4; point a, Clause 5; and Clause 6 of this Article.”.

3. To amend and supplement Article 114 as follows:

“Article 114. Sanctioning authority of the Inspectorate

1. Inspectors of ministries and ministerial-level agencies assigned to perform inspection and examination duties within the State management scope of the ministry or ministerial-level agency have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 8,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of inspection teams of the following agencies: the Radiation and Nuclear Safety Agency, the Vietnam Maritime and Waterways Administration, the Civil Aviation Authority of Vietnam, provincial-level Police; heads of inspection teams at military-region level, and of the Hanoi Capital Command, assigned to perform inspection and examination duties within the State management scope of the ministry or ministerial-level agency have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. The Chief Inspectors of: the Radiation and Nuclear Safety Agency; the Vietnam Maritime and Waterways Administration; the Civil Aviation Authority of Vietnam; the military-region defence inspectorates; the Hanoi Capital Command defence inspectorate; the regional State Bank inspectorates; and provincial-level Police inspectorates, assigned to perform inspection and examination duties within the State management scope of the ministry or ministerial-level agency have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 160,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 64,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chief Inspectors of ministries and ministerial-level agencies; heads of inspection teams at ministry or ministerial-level-agency level assigned to perform inspection and examination duties within the State management scope of the ministry or ministerial-level agency; and heads of agencies performing the task of specialized State management, have the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.

4. To add Article 114a after Article 114 as follows:

“Article 114a. Sanctioning authority of the Cipher Inspectorate and the Head of the National Cipher Committee

1. Inspectors of the National Cipher Committee have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations related to civil cryptography in the field of network information security;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of inspection teams of the National Cipher Committee have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations related to civil cryptography in the field of network information security;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. The Chief Inspector of the Cipher Inspectorate has the power to:

a) Issue a caution;

b) Impose a fine of up to VND 160,000,000 for administrative violations related to civil cryptography in the field of network information security;

c) Suspend the licence or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. The Head of the National Cipher Committee has the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations related to civil cryptography in the field of network information security;

c) Suspend the licence or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.

5. To amend and supplement Articles 115, 116, 117, 118, 119, 119a, 120 and 121 as follows:

“Article 115. Sanctioning authority of Chairpersons of People's Committees at all levels

1. Chairpersons of People's Committees of communes, wards, and special zones under provincial level (hereinafter referred to collectively as commune level) have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of People's Committees of provinces and centrally run cities (hereinafter referred to collectively as provincial level) have the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 116. Sanctioning authority of the People's Police

1. People's Police officers on active duty have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 8,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of company-level Mobile Police units have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 40,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 16,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, đ và e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Heads of Police stations, heads of border-gate and export-processing-zone Police stations, heads of battalion-level Mobile Police units, station heads, and team heads have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 60,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 24,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, đ và e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Heads of commune-level Police; heads of Police stations at international airport border gates; heads of professional divisions under the Internal Security Department; heads of professional divisions under the Political Internal Security Department; heads of professional divisions under the Department of Administrative Management for Social Order; heads of professional divisions under the Traffic Police Department; heads of professional divisions under the Cyber Security and Hi-tech Crime Prevention Department; heads of professional divisions under the Immigration Department; heads of professional divisions under the National Data Center; heads of regiment-level Mobile Police units; and heads of provincial-level Police divisions, including: heads of Internal Security divisions, heads of Political Internal Security divisions, heads of Administrative Management for Social Order Police divisions, heads of Social Order Crime Investigation Police divisions, heads of Corruption, Economic and Smuggling Crime Investigation Police divisions, heads of Traffic Police divisions, heads of Mobile Police divisions, heads of Cyber Security and Hi-tech Crime Prevention divisions, heads of Economic Security divisions, and heads of External Security divisions, have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 160,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 64,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

5. Heads of provincial-level Police Immigration divisions have the sanctioning authority prescribed in Clause 4 of this Article and have the power to decide to apply the sanctioning form of deportation.

6. Directors of provincial-level Police have the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply the additional penalty of deportation;

e) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

7. The Directors General of: the Political Internal Security Department, the Economic Security Department, the Administrative Management for Social Order Police Department, the Social Order Crime Investigation Police Department, the Corruption, Economic and Smuggling Crime Investigation Police Department, the Traffic Police Department, the Environmental Crime Prevention Police Department, the Cyber Security and Hi-tech Crime Prevention Department, the Internal Security Department, the Commander of the Mobile Police, and the Director General of the National Data Center have the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

8. The Director General of the Immigration Department has the sanctioning authority prescribed in Clause 7 of this Article and has the power to decide to apply the sanctioning form of deportation.

Article 117. Sanctioning authority of the Border Guard

1. Border Guard officers on active duty have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 10,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 4,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Station heads and team heads of the persons prescribed in Clause 1 of this Article have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 8,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, đ và e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Heads of drug and crime special task force teams under drug and crime special task force groups have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 30,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 12,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, đ và e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Heads of Border Guard stations, heads of Border Guard flotillas, and commanders of Port Border Guard Command Boards have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 60,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 24,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

5. Heads of drug and crime special task force groups under the Drug and Crime Prevention Department under the Border Guard High Command have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

6. The Commander of the Border Guard Command Board; heads of Border Guard flotilla groups; and the Director General of the Drug and Crime Prevention Department under the Border Guard High Command have the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 118. Sanctioning authority of the Coast Guard

1. Coast Guard officers on active duty have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 10,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 4,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of Coast Guard professional teams have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 8,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

3. Heads of Coast Guard professional divisions and heads of Coast Guard stations have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 40,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 16,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, đ và e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Heads of Coast Guard flotillas have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 60,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 24,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed at points a, c, d, đ, e, i và k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

5. Heads of Coast Guard flotilla groups; heads of reconnaissance groups; and heads of drug-crime special task force groups under the Vietnam Coast Guard have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed at points a, c, d, đ, e, i và k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

6. Commanders of Coast Guard regions and the Director General of the Legal and Professional Affairs Department under the Vietnam Coast Guard have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 160,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 64,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

7. The Commander of the Vietnam Coast Guard has the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 119. Authority of Market Surveillance

1. Market surveillance controllers on active duty have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 20,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 8,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of Market Surveillance teams under provincial-level Market Surveillance sub-departments under Departments of Industry and Trade have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 60,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, and network information security; a fine of up to VND 24,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Directors of Market Surveillance sub-departments and heads of market surveillance professional divisions under the Domestic Market Management and Development Department have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, and information technology; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. The Director General of the Domestic Market Management and Development Department has the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 119a. Authority of Customs

1. Customs officials on active duty have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 10,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, and information technology; a fine of up to VND 4,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause.

2. Heads of border-gate/inland Customs teams, heads of Post-clearance Review and Inspection teams, heads of Customs Clearance teams, heads of Customs Control teams under regional Customs sub-departments, heads of anti-smuggling control teams under Anti-Smuggling Investigation sub-departments, and heads of regional Post-clearance Inspection teams under Post-clearance Inspection sub-departments have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 60,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, and information technology; a fine of up to VND 24,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation with a value not exceeding 02 times the fine level prescribed at point b of this Clause;

d) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Directors of Anti-Smuggling Investigation sub-departments, Directors of Post-clearance Inspection sub-departments, and Directors of regional Customs sub-departments have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 100,000,000 for administrative violations in the field(s) of telecommunications, radio frequencies, and information technology; a fine of up to VND 40,000,000 for administrative violations in the field(s) of postal services and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. The Director General of the Customs Department has the power to:

a) Issue a caution;

b) Impose the maximum fine for administrative violations in the field(s) of telecommunications, radio frequencies, information technology, network information security, postal services, and electronic transactions;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

đ) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 120. Delimitation of authority

1. Chairpersons of People's Committees at all levels have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in this Decree, except for the violations prescribed in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, in accordance with the authority prescribed in Article 115 of this Decree and their assigned functions, tasks and powers.

2. Persons with sanctioning authority of the People's Police have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in Articles 5, 6, 7, 8, 9, 10, 11, 12 and 13; Clauses 1, 2, 3, 4, 5, 6 and 8, Article 14; Clauses 1, 2 and 3, Article 15; Clauses 1, 2, 3 and 4, Article 16; Article 17; Clause 1, Article 18; Clauses 2 and 3, Article 19; Articles 20 and 21; Clauses 1 and 2, Article 23; Clause 1, Article 24; Clauses 1, 2, 3, 4 and 5, Article 25; Clauses 1, 2 and 3, Article 26; Clause 1, Article 27; Articles 28, 29, 30, 31 and 32; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12, Article 33; Clauses 1, 2 and 3, Article 34; Articles 35, 36, 37, 38, 39, 40 and 41; Clauses 1, 2, 3 and 4, Article 42; Clause 1, Article 43; Articles 44, 45, 46 and 47; Clauses 1 and 2, Article 48; Clause 1, Article 49; Articles 50 and 51; Clauses 1 and 2, Article 52; Articles 53 and 54; Clauses 1, 2 and 3, Article 55; Articles 56 and 57; Clauses 1, 2, 3, 4, 5 and 6, Article 58; Clause 1, Article 59; Articles 61, 62 and 63; Clauses 1, 2 and 4, Article 64; Articles 65, 66, 67, 69, 70, 71, 72 and 73; Clauses 1, 2 and 3, Article 74; Articles 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 93a and 93b; Clauses 1, 2, 3, 4, 5, 6 and 7, Article 94; Clauses 1, 2 and 3, Article 95; Clauses 1, 2, 3 and 4, Article 96; Articles 98, 99, 100, 101 and 102; Clauses 1, 2, 3, 4, 5 and 6, Article 103; Clauses 1, 2, 3, 4 and 5, Article 104; Articles 105 and 106; Clauses 1, 2, 3 and 4, Article 107; Clause 1, Article 108; Clauses 1, 2, 3 and 4, Article 109; Clause 1, Article 110; Clauses 1, 2 and 3, Article 111; Clauses 1 and 2, Article 112; and Article 113 of this Decree, in accordance with the authority prescribed in Article 116 of this Decree and their assigned functions, tasks and powers.

Heads of provincial-level Police Immigration divisions, Directors of provincial-level Police, and the Director General of the Immigration Department have the authority to sanction administrative violations and decide to apply the sanctioning form of deportation prescribed in this Decree.

3. Persons with sanctioning authority of the Border Guard have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in this Decree, except for the violations prescribed in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 2, Article 51; Clauses 2 and 4, Article 64; Article 67; Clauses 2 and 3, Article 68; Clauses 2 and 3, Article 69; Clauses 2 and 3, Article 70; Clause 3, Article 77; and Article 80, in accordance with the authority prescribed in Article 117 of this Decree, within the scope and field they manage, and their assigned functions, tasks and powers.

4. Persons with sanctioning authority of the Coast Guard have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in this Decree, except for the violations prescribed in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 2, Article 51; Clauses 2 and 4, Article 64; Article 67; Clauses 2 and 3, Article 68; Clauses 2 and 3, Article 69; Clauses 2 and 3, Article 70; Clause 3, Article 77; and Article 80, in accordance with the authority prescribed in Article 118 of this Decree and their assigned functions, tasks and powers.

5. Persons with sanctioning authority of Customs have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in Articles 5, 6, 7, 8, 9, 10 and 11; Clauses 1 and 2, point b Clause 3, Article 12; Article 13; Clauses 1, 2, 3, 4, 5, 6 and 7, Article 14; Article 15; Clauses 1, 2, 3 and 4, Article 16; Article 17; Clause 1, Article 18; Clause 1, Article 19; Articles 20 and 21; Clause 1, Article 22; Article 23; Clause 1, Article 24; Clauses 1, 2, 3, 4, 5, 7 and 8, Article 25; Clauses 1, 2 and 3, points a, b, c, dd and e Clause 4, points a and b Clause 5, point a Clause 6, Article 26; Articles 27, 28, 29, 30, 31 and 32; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12, Article 33; Articles 34, 35, 36, 37, 38, 39, 40 and 41; Clauses 1 and 2, points c, d and dd Clause 3, point c Clause 4, points b and c Clause 5, Article 42; Articles 43, 44, 45, 46 and 47; Clause 1, point dd Clause 2, Clause 3, Article 48; Articles 49 and 50; Clauses 1 and 3, Article 51; Articles 52, 53, 54, 55, 56, 57 and 58; Clause 1, points b and c Clause 2, Article 59; points b and c Clause 1, Article 60; Clauses 1 and 2, point b Clause 3, Clause 4, Article 62; Articles 63, 64, 65 and 66; Clause 1, Article 68; Clauses 1 and 4, Article 69; Clause 1, Article 70; Articles 71, 72, 73 and 74; Clause 1, Article 75; Article 76; Clauses 1 and 2, Article 77; Articles 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 93a, 93b and 94; Clauses 1, 2 and 3, Article 95; Clauses 1, 2, 3 and 4, Article 96; Articles 98, 99, 100, 101, 102 and 103; Clauses 1, 2, 3, 4 and 5, Article 104; Articles 105 and 106; and Chapters VI and VII of this Decree, in accordance with the authority prescribed in Article 119a of this Decree and their assigned functions, tasks and powers.

6. Persons with sanctioning authority of the Inspectorate have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in this Decree, except for the violations prescribed in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, in accordance with the authority prescribed in Article 114 of this Decree and their assigned functions, tasks and powers.

7. Persons with sanctioning authority of Market Surveillance have the authority to sanction administrative violations and apply remedial measures for the administrative violations prescribed in this Decree, except for the violations prescribed in Clause 8, Article 14; Clauses 2 and 3, Article 19; Clause 3, Article 77; and Article 80, in accordance with the authority prescribed in Article 119 of this Decree and their assigned functions, tasks and powers.

8. Coordination among agencies when sanctioning administrative violations in the fields of postal services, telecommunications, radio frequencies, information technology, network information security, and electronic transactions shall comply with Article 52 of the Law on Handling of Administrative Violations.

Article 121. Authority to make administrative-violation records

The titles listed in Articles 114, 114a, 115, 116, 117, 118, 119 and 119a of this Decree, and officials, public employees, persons of the People's Army and People's Police forces, and persons performing cipher work while on active duty, task, or assigned powers in the fields of postal services, telecommunications, radio frequencies, information technology, network information security, and electronic transactions, have the power to make administrative-violation records as prescribed.”.

Chapter V

IMPLEMENTATION PROVISIONS

Article 12. Effect

1. This Decree takes effect from September 9, 2025.

2. Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products, cease to be effective from the effective date of this Decree.

Article 13. Transitional provisions

1. Enterprises trading in civil cryptography products and services that have been granted a Licence for trading in civil cryptography products and services under Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products, and whose licence remains valid, are not required to redo the procedures for grant of a Licence for trading in civil cryptography products and services. Within 30 days before the licence expires, the enterprise must carry out the procedures for a licence under this Decree.

2. A Licence for export or import of civil cryptography products already granted to an enterprise before the effective date of this Decree, whose product name is consistent with the description of goods in Vietnam's List of Exported and Imported Goods, shall continue to be used for customs procedures within the term stated on the Licence. The Customs authority shall, based on Vietnam's List of Exported and Imported Goods, the Licence for export or import of civil cryptography products already granted, and the actual exported or imported goods, determine the HS code and carry out customs clearance procedures as prescribed.

3. Dossiers requesting initial grant, amendment/supplementation, re-grant, or extension that were received by the National Cipher Committee at the time Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products; and Decree No. 32/2023/NĐ-CP dated June 9, 2023 of the Government amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018 of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government detailing the trading in civil cryptography products and services and the export and import of civil cryptography products, remain effective but have not yet been processed, shall continue to be handled under the process, procedures, and dossiers prescribed in that Decree.

4. Dossiers requesting initial grant, amendment/supplementation, re-grant, or extension received by the National Cipher Committee from the effective date of this Decree shall apply the process, procedures, and dossiers prescribed in this Decree.

Article 14. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, Chairpersons of People's Committees of provinces and centrally run cities, and related organizations and individuals shall be responsible for implementing this Decree./.

APPENDIX I

LIST OF CIVIL CRYPTOGRAPHY PRODUCTS AND SERVICES (Attached to Decree No. 211/2025/NĐ-CP dated July 25, 2025 of the Government)

I. LIST OF CIVIL CRYPTOGRAPHY PRODUCTS

Explanation:

1. A civil cryptography product is described as systems, equipment, modules and integrated circuits, and software specifically designed to protect information using cryptographic techniques employing a “symmetric cryptographic algorithm” or an “asymmetric cryptographic algorithm”.

2. The List of civil cryptography products subject to conditional trading does not include the following products:

II. LIST OF CIVIL CRYPTOGRAPHY SERVICES

APPENDIX II

LIST OF CIVIL CRYPTOGRAPHY PRODUCTS EXPORTED AND IMPORTED UNDER LICENCE (Attached to Decree No. 211/2025/NĐ-CP dated July 25, 2025 of the Government)

PHỤ LỤC III

MẪU HỒ SƠ THỦ TỤC CẤP GIẤY PHÉP KINH DOANH SẢN PHẨM, DỊCH VỤ MẬT MÃ DÂN SỰ, GIẤY PHÉP XUẤT KHẨU, NHẬP KHẨU SẢN PHẨM MẬT MÃ DÂN SỰ (Kèm theo Nghị định số 211/2025/NĐ-CP ngày 25 tháng 7 năm 2025 của Chính phủ)