How is the crime of obstructing or disrupting the operation of computer networks and telecommunications networks handled?

The crime of obstructing or disrupting the operation of computer networks, telecommunications networks, and electronic means is a socially dangerous act committed by a person with criminal capacity through the act of intentionally deleting, damaging, or changing software, electronic data, or illegally preventing the transmission of data of computer networks, telecommunications networks, and electronic means, or other acts that obstruct or disrupt the operation of computer networks, telecommunications networks, and electronic means.

The subjects of crimes of obstructing or disrupting the operation of computer networks, telecommunications networks, and electronic devices are often those with high qualifications in information technology and electronics.

Article 287,The 2015 Penal Code stipulatesCrime of obstructing or disrupting the operation of computer networks, telecommunications networks, and electronic means, as follows:

1. Anyone who arbitrarily deletes, damages or changes software, electronic data or illegally prevents the transmission of data of computer networks, telecommunications networks, electronic means or commits other acts that hinder or disrupt the operation of computer networks, telecommunications networks, electronic means in one of the following cases, if not falling under the cases specified in Articles 286 and 289 of this Code, shall be subject to a fine of from VND 30,000,000 to VND 200,000,000 or imprisonment from 06 months to 03 years:

a) Illegal profits from 50,000,000 VND to under 200,000,000 VND;

b) Causing damage from VND 100,000,000 to under VND 500,000,000;

c) Paralyzing, interrupting, or stopping the operation of computer networks, telecommunications networks, or electronic devices from 30 minutes to less than 24 hours or from 03 to less than 10 times within 24 hours;

d) Suspending the operations of an agency or organization for 24 to less than 72 hours;

d) Having been administratively sanctioned for this act or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation.

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 03 to 07 years:

a) Organized;

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

c) Dangerous recidivism;

d) Illegal profits from VND 200,000,000 to under VND 1,000,000,000;

d) Causing damage from VND 500,000,000 to under VND 1,500,000,000;

e) Paralyzing, interrupting, or stopping the operation of computer networks, telecommunications networks, or electronic devices from 24 to less than 168 hours or from 10 to less than 50 times within 24 hours;

g) Suspending the operations of an agency or organization for 72 to less than 168 hours.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 12 years:

a) For data systems containing state secrets; information systems serving national defense and security;

b) For national information infrastructure; national power grid management information system; financial and banking information and transaction system; traffic control information system;

c) Illegal profits of VND 1,000,000,000 or more;

d) Causing damage of VND 1,500,000,000 or more;

d) Paralyzing, interrupting, or stopping the operation of computer networks, telecommunications networks, or electronic devices for 168 hours or more or 50 times or more within 24 hours;

e) Causing the suspension of the operation of an agency or organization for 168 hours or more.

4. The offender may also be fined from VND 30,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.