The Government of Vietnam has issued Decree No. 174/2026/ND-CP, regulating administrative penalties in the fields of postal services, telecommunications, radio frequencies, electronic transactions, and information technology.
Effective from July 1, 2026, the Decree introduces several notable changes, including new violations, increased monetary penalties, and more specific provisions governing administrative sanctions.
The following are the key changes introduced under Decree No. 174/2026/ND-CP.
1. Introduction of New Penalties for Data Center and Cloud Computing Services
One of the significant changes under Decree No. 174/2026/ND-CP is the introduction of administrative penalties for violations related to the provision of internet-based basic telecommunications services, data center services, and cloud computing services.
Specifically, the following penalties apply:
- VND 10–20 million: Failure to publicly disclose the quality of services provided in accordance with applicable laws.
- VND 80–100 million: Failure to ensure, or obstructing, telecommunications enterprises from establishing connections and providing services to data center service users within data centers.
- VND 100–120 million: Failure to adequately retain information provided by service users when entering into contracts, as required by law. Violators may also be required to take remedial measures by fully retaining such information.
These provisions establish more specific obligations for enterprises providing digital infrastructure services and strengthen regulatory oversight of data center and cloud computing operations.
2. Adjustments to Penalties Related to Radio Frequency Licenses
Under Article 65 of Decree No. 174/2026/ND-CP, certain additional penalties previously applicable to violations involving radio frequency licenses are no longer prescribed.
In particular, the Decree no longer provides for additional penalties for failure to submit a written application for reissuance when a radio frequency license is lost, torn, burned, or destroyed.
Furthermore, the Decree no longer provides for additional penalties in relation to the following acts:
- Intentionally providing false or fraudulent information to obtain a radio frequency license.
- Erasing, altering, or modifying the contents of a radio frequency license.
2.1. Revised Violations Related to Radio Frequency License Applications
Pursuant to Clause 1, Article 65 of Decree No. 174/2026/ND-CP, the following acts, where they do not constitute criminal offenses, are subject to fines ranging from VND 10 million to VND 20 million:
- Providing untruthful information.
- Using invalid documents.
- Engaging in fraudulent conduct in license application dossiers.
Previously, Clause 2, Article 57 of Decree No. 15/2020/ND-CP addressed intentionally providing false or fraudulent information to obtain radio frequency licenses.
2.2. Comparison Between the Previous and New Regulations
| Criteria | Previous Regulations – Clause 2, Article 57 of Decree No. 15/2020/ND-CP | New Regulations – Clause 1, Article 65 of Decree No. 174/2026/ND-CP |
| Prohibited conduct | Intentionally providing fraudulent or falsified information to obtain a radio frequency license. | Providing untruthful information, using invalid documents, or committing fraudulent acts in an application for a radio frequency license. |
| Scope of violations | General provisions focusing on intentional deception or submission of falsified information. | More specific classification into three categories: untruthful information, invalid documents, and fraudulent application dossiers. |
| Level of specificity | Did not clearly distinguish different forms of fraudulent conduct during the preparation and submission of applications. | Expressly identifies different violations involving information, supporting documents, and application dossiers. |
| Monetary penalties | Subject to the penalties prescribed under Decree No. 15/2020/ND-CP. | Fines ranging from VND 10 million to VND 20 million. |
| Notable changes | Emphasized intentional fraudulent conduct and the submission of falsified information. | Expands and clarifies the types of conduct that may constitute administrative violations, rather than focusing solely on falsified information. |
The new provisions provide a clearer legal basis for identifying and sanctioning violations related to radio frequency license applications.
3. Increased Penalties for Unauthorized Use of Mobile Radio Stations in Internal Networks
Pursuant to Clause 3, Article 66 of Decree No. 174/2026/ND-CP, the unauthorized use of mobile radio stations within internal radio communication networks is subject to higher penalties, depending on the number of stations involved.
Specifically:
- VND 2–5 million: For internal radio communication networks comprising up to two radio stations operating without the required licenses.
- VND 5–10 million: For internal radio communication networks comprising three or more radio stations operating without the required licenses.
Previously, under Point b, Clause 2, Article 58 of Decree No. 15/2020/ND-CP, the general penalty for this violation ranged from VND 1 million to VND 2 million.
Accordingly, the new Decree introduces higher penalties and differentiates violations based on the number of radio stations involved.
4. Increased Penalties for Failure to Comply with Technical and Operational Requirements for Radio Equipment
Under Clause 1, Article 72 of Decree No. 174/2026/ND-CP, the use of radio equipment exempt from radio frequency licensing requirements, but in violation of applicable technical and operational conditions, is subject to fines ranging from VND 2 million to VND 5 million.
Previously, Clause 1, Article 64 of Decree No. 15/2020/ND-CP provided for either:
- A warning; or
- A fine ranging from VND 600,000 to VND 1 million.
The new regulations therefore increase the applicable monetary penalties for non-compliance with technical and operational requirements.
5. Introduction of Additional Penalties for Electronic Signature Certificates and Digital Signature Software
Decree No. 174/2026/ND-CP introduces additional administrative penalties for violations involving electronic signature certificates, digital signatures, specialized electronic signatures, and related software.
The key violations and corresponding penalties are summarized below.
5.1. Electronic Signature Certificates and Legal Validity of Electronic Signatures
Legal basis: Article 82 of Decree No. 174/2026/ND-CP.
| Violations | Applicable Fines |
|---|---|
| Failure to clearly specify the position or title and the name of the relevant agency or organization in the digital signature certificate of an authorized person. | VND 10–20 million |
| Issuing electronic signature certificates without the required contents or prescribed format. | VND 20–30 million |
| Issuing public digital signature certificates with validity periods that do not comply with applicable regulations. | VND 20–30 million |
| Denying or refusing to recognize the legal validity of secure specialized electronic signatures or digital signatures. | VND 20–30 million |
5.2. Specialized Electronic Signatures and Secure Specialized Electronic Signatures
Legal basis: Article 87 of Decree No. 174/2026/ND-CP.
| Violations | Applicable Fines |
|---|---|
| Issuing electronic signature certificates with validity periods that do not comply with applicable regulations. | VND 10–20 million |
| Agencies or organizations that create specialized electronic signatures engaging in the commercial provision of specialized electronic signature services. | VND 20–30 million |
| Creating secure specialized electronic signatures that are not used exclusively for the activities of the relevant agency or organization, or that are inconsistent with its functions and responsibilities. | VND 30–40 million |
| Violating requirements concerning verification of the signatory’s identity, the signatory’s consent, the uniqueness of signature creation data, or control over such data at the time of signing. | VND 40–60 million |
5.3. Digital Signature Software and Digital Signature Verification Software
Legal basis: Article 88 of Decree No. 174/2026/ND-CP.
| Violations | Applicable Fines |
|---|---|
| Using software that fails to comply with applicable technical standards. | VND 10–20 million |
| Providing software that fails to comply with technical standards or does not provide, or adequately satisfy, required functionalities. | VND 20–30 million |
| Using technical or technological barriers to restrict verification of digital signature validity. | VND 30–40 million |
| Failing to connect to the public digital signature certification service connection portal as required by law. | VND 30–40 million |
These provisions introduce more detailed requirements concerning the issuance, use, verification, and technical compliance of electronic signatures and digital signature systems.
6. Increased Penalties for Violations Involving Websites
Under Article 93 of Decree No. 174/2026/ND-CP, administrative penalties for certain violations involving websites have increased compared with those previously prescribed under Article 99 of Decree No. 15/2020/ND-CP.
The key changes are as follows:
6.1. Failure to Provide Complete and Accurate Website Information
The applicable fine has increased from VND 5–10 million to VND 10–20 million.
Violations include providing incomplete or inaccurate information on a website’s homepage concerning:
- The name of the agency, organization, enterprise, or individual responsible for managing the website.
- The name of the supervising agency, where applicable.
- The identity of the person responsible for managing website content.
6.2. Providing or Sharing Links to Unlawful Online Content
The applicable fine has increased from VND 10–20 million to VND 20–30 million.
This penalty applies to providing or sharing links directing users to online information that violates applicable laws.
6.3. Publishing Maps That Incorrectly Represent Vietnam’s National Sovereignty
The applicable fine has increased from VND 20–30 million to VND 30–40 million.
The relevant violations include:
- Publishing, broadcasting, or using images of maps of Vietnam that fail to fully represent, or incorrectly represent, the country’s national sovereignty.
- Advertising, promoting, purchasing, or selling goods and services prohibited by law.
- Impersonating or creating fraudulent websites representing other organizations or individuals.
This increased penalty range also applies to certain violations involving the publication or distribution of journalistic works, literary works, artistic works, and publications without the consent of the relevant intellectual property rights holders, or where such works are prohibited from circulation or subject to confiscation orders.
The revised provisions place greater emphasis on compliance with legal requirements governing online content, website management, intellectual property rights, and the accurate representation of national sovereignty.
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