High-tech Crime in Vietnam Faces upto 12 years Imprisonment

Under the provisions of the Vietnam Criminal Code 1999 (as amended and supplemented in 2009), high technology crime offenders are mainly governed under Article 224, 225, 226, 226a of in the field of information technology and telecommunications as follows:

Article 224: Crime to spread viruses, computer programs featuring detrimental to the operation of computer networks, telecommunication networks, the Internet, digital equipment will be fined from 20 million to 200 million dong or a imprisonment from 1 year to 5 years.

The highest sentence from 5 years to 12 years applies in case of violation of data system of state secrets; information system serving security and defense; infrastructure, national information; information systems operating the national grid; financial information systems and banking; information system traffic control; or results in serious consequences.

Article 225: Crime to interfere with or disrupt the operation of computer networks, telecommunication networks, the Internet, digital devices shall be fined from 20 million to 200 million dong or a prison term from 1 year to 5 years.

The highest sentence from 5 years to 12 years applies in one of the following violations: for the data system of state secrets; information system serving security and defense; for infrastructure, national information; information systems operating the national grid; financial information systems and banking; information system traffic control; Consequences are particularly serious.

Article 226: The crime of or unauthorized use of computer information networks, telecommunication networks, the Internet shall be fined from 10 million to 100 million dong, non-custodial reform to 3 years or a prison term of 6 months to 3 years.

Organized crime, taking advantage of computer network administrator, telecommunications, the Internet; illicit profits from a hundred million VND or more and causing very serious consequences or particularly serious consequence shall be sentenced from 2 years to 7 years.

Article 226a: Crime of illegal access to computer networks, telecommunication networks, the Internet or other digital device, shall be fined from VND 20 to 200 million dong or a prison term from 1 year to 5 years.

Beside imprisonment sentence, offenders can be fined from VND 5 million to 50 million dong, banned from holding certain posts, practicing certain occupations or doing certain jobs for 1 year to 5 years.

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