Penalties for using computer networks and telecommunications networks to commit property appropriation

Article 290 of the 2015 Penal Code stipulates the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation, as follows:

1. Anyone who uses a computer network, telecommunications network or electronic means to commit one of the following acts, if not falling under one of the cases specified in Articles 173 and 174 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Using information about accounts and bank cards of agencies, organizations and individuals to appropriate assets of account holders, card holders or to pay for goods and services;

b) Making, storing, buying, selling, using, or circulating fake bank cards to appropriate property of account holders, cardholders, or to pay for goods and services;

c) Illegal access to the accounts of agencies, organizations and individuals to appropriate property;

d) Fraud in e-commerce, e-payment, currency trading, capital mobilization, multi-level marketing or online securities trading to appropriate property;

d) Establishing and illegally providing telecommunications and internet services to appropriate property.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 02 times or more;

c) Professional in nature;

d) Number of fake cards from 50 cards to less than 200 cards;

d) Appropriating property worth from VND 50,000,000 to under VND 200,000,000;

e) Causing damage from VND 50,000,000 to under VND 300,000,000;

g) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:

a) Appropriating property worth from VND 200,000,000 to under VND 500,000,000;

b) Causing damage from 300,000,000 VND to under 500,000,000 VND;

c) Number of fake cards from 200 cards to less than 500 cards.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:

a) Appropriation of property worth VND 500,000,000 or more;

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

c) Number of fake cards 500 cards or more.

5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of his/her assets confiscated.