Penalties for the crime of illegally providing or using information on computer networks and telecommunications networks

Article 288 of the 2015 Penal Code stipulates:Crime of illegally providing or using information on computer networks and telecommunications networks, as follows:

1. Anyone who commits one of the following acts, illegally gains from VND 50,000,000 to under VND 200,000,000 or causes damage from VND 100,000,000 to under VND 500,000,000 or causes bad public opinion that reduces the reputation of an agency, organization or individual, shall be subject to a fine of VND 30,000,000 to VND 200,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Posting information on computer networks or telecommunications networks that is contrary to the provisions of law, unless it falls under one of the cases specified in Articles 117, 155, 156 and 326 of this Code;

b) Buying, selling, exchanging, donating, repairing, changing or publicizing legal private information of agencies, organizations or individuals on computer networks or telecommunications networks without the permission of the owner of that information;

c) Other acts of illegal use of information on computer networks and telecommunications networks.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 1,000,000,000 or imprisonment from 02 years to 07 years:

a) Organized;

b) Abusing the right to manage computer networks and telecommunications networks;

c) Illegal profits of VND 200,000,000 or more;

d) Causing damage of VND 500,000,000 or more;

d) Violation of personal privacy leading to suicide of the violated person;

e) Adversely affecting security, order, social safety or foreign relations of Vietnam;

g) Leading to protests.

3. The offender may also be fined from VND 20,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.