Will the Internet cafe opened over the allowed time be sanctioned?

I’m doing business in the Internet service which is served overtime. The ward police (not wearing military uniform but having a branch card) confiscated 2 computers valued at 36 million VND of my store. I want to ask whether the ward police have the right to do it? How will my store be penalized for violating the time opening regulation? Thank you for your advice.

FDVN’s opinion:

Under the provisions of Decree 72/2013/ND-CP, the Internet store is allowed to operate within the prescribed time frame and not operate from 22 pm to 8 am the next morning. Specifically, according to Clause 8, Article 36 of Decree 72/2013/ND-CP:

“Article 36. Rights and obligations of owners of gaming centers

Rights and obligations of owners of gaming centers:

...

8. Do not open from 10:00 PM to 8:00 AM;”

For the violation handling measures, according to Clause 3, 4 Article 69, Decree 174/2013/ND-CP, the sanction level is imposed on the act of operating overtime allowed in the Internet café:

“Article 69. Violations against regulations on points of public electronic gaming services:

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Establishing points of public electronic gaming services without obtaining the certificate of eligibility to provide public electronic gaming services;

b) Establishing points of public electronic gaming services but failing to conclude the contract for Internet service agency or failing to obtain the Internet service provider's certification as its points of public Internet access services;

c) Establishing points of public electronic gaming services but failing to satisfy eligibility requirements for the provision of public electronic gaming services;

d) Failing to comply or improperly complying with regulations on information safety and security;

dd) Providing false information to obtain the certificate of eligibility to provide public electronic gaming services;

e) Failing to post internal regulations on use of public electronic gaming services;

g) Providing services out of the prescribed period of time that is from 8:00 AM to 22:00 PM every day;

h) Failing to comply with other regulations on responsibility of points of public electronic gaming services.

4. Additional penalties:

Suspend operation for 01 – 03 months if any of the violations prescribed in Points b, d, e, g and h Clause 3 of this Article is committed.”

On the other hand, according to Clause 3, Article 97 of Decree No. 174/2013/ND-CP, the competence to sanction administrative violations of the ward police station chiefs are stipulated as follows:

“3. Communal-level police chief officers, heads of public security stations shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 5,000,000, or VND 4,000,000 for violations in the posts sector;

c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations.”

Thus, comparing the above provisions, it is illegal for the act of ward police officer when making a record of administrative violation and seizing your computer valued at 36 million VND. In other words, the ward police are not competent to temporarily seize your properties.

Pursuant to Article 7 of the 2011 Law on Complaints:

“When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests, a person may make a first-time complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.”

Therefore, you can make a complaint directly to the state agency. Specifically, you can go to the ward police office to complain directly to the ward police chief about the violation.

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