How is the production, purchase, sale, and exchange of equipment and software for illegal purposes handled?

Article 285 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the crime of manufacturing, buying, selling, exchanging or giving away tools, equipment, and software for illegal purposes, as follows:

1. Anyone who manufactures, trades, exchanges, or donates tools, equipment, or software with the ability to attack computer networks, telecommunications, or electronic devices for illegal purposes shall be subject to a fine of VND 20,000,000 to VND 100,000,000, non-custodial reform for up to 02 years, or imprisonment of 03 months to 02 years.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 500,000,000 or imprisonment from 01 year to 05 years:

a) Organized;

b) Committing the crime two or more times;

c) Professional in nature;

d) Illegal profits from VND 50,000,000 to under VND 500,000,000;

d) Causing property damage from VND 100,000,000 to under VND 1,000,000,000;

e) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be subject to a fine of from VND 500,000,000 to VND 1,000,000,000 or imprisonment from 03 years to 07 years:

a) Illegal profits of VND 500,000,000 or more;

b) Causing property damage of VND 1,000,000,000 or more.

4. The offender may also be fined from VND 5,000,000 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 property confiscated.

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