How is the crime of violating the confidentiality or security of mail, telephone, and telegram handled?

Reply:

The right to ensure the safety and confidentiality of correspondence, telephone calls, and telegrams is a basic freedom of citizens, a type of right to personal privacy protected by law, which is clearly stipulated in the 2013 Constitution.

Acts of violating the privacy or security of mail, telephone or telegram of others may be subject to criminal prosecution.

Specifically, Article 159 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the Crime of violating the confidentiality or security of mail, telephone, telegram or other forms of private information exchange of others as follows:

1. Anyone who commits one of the following acts, has been disciplined or administratively sanctioned for this act but still commits the violation, shall be subject to a warning, a fine of from VND 20,000,000 to VND 50,000,000 or non-custodial reform for up to 03 years:

a) Appropriating another person's letters, telegrams, telexes, faxes or other documents transmitted via postal or telecommunications networks in any form;

b) Intentionally damaging, losing or intentionally obtaining information, content of letters, telegrams, telexes, faxes or other documents of others transmitted via postal and telecommunications networks;

c) Listening to or recording conversations illegally;

d) Illegal search and seizure of letters and telegrams;

d) Other acts that violate the confidentiality or security of mail, telephone, telegram, telex, fax or other forms of private information exchange of others.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 03 years:

a) Organized;

b) Abusing position and power;

c) Committing the crime 02 times or more;

d) Disclosing stolen information that affects the honor, reputation, and dignity of others;

d) Causing the victim to commit suicide.

3. The offender may also be fined from VND 5,000,000 to VND 20,000,000 and banned from holding certain positions from 01 to 05 years.