CYBERCRIME

Table of Contents:

• 1. Types of cybercrime
• 2. Criminal liability for act of appropriation of property using network

1. Types of cybercrime

According to the Department of Information Security, Ministry of Information and Communications, there are currently 3 main groups of fraud including: brand counterfeiting, account appropriation, and other combined forms. Based on the group of scammed subjects, the subjects committing fraud with 24 forms taking place in cyberspace herein:

1. Deepfake, Deepvoice video call fraud.

2. “Cheap travel combo” scam.

3. “SIM lock” scam because of unstandardized subscribers.

4. Forging successful money transfer receipts.

5. Impersonating teachers/medical staff to report that relatives are in emergency.

6. Scam tricks to recruit child models.

7. Tricks to impersonate financial companies, banks.

8. Installing applications, advertising links for gambling, betting, black credit, etc.

9. Impersonating websites, agencies, businesses (social insurance, banks, etc.)

10. SMS Brandname scam, spreading fake messages.

11. Stock investment scam, virtual currency, multi-level marketing.

12. Online recruitment scam.

13. Stealing social media accounts, sending scam messages.

14. Impersonating police agencies, prosecutors, courts to make scam calls.

15. Selling fake goods on e-commerce platforms.

16. Stealing ID card information to borrow credit.

17. Fraudulently transferring money to the wrong bank account.

18. Fraudulent service to get money back after being scammed.

19. Fraudulently stealing Telegram OTP.

20. Fraudulently spreading fake news about lost calls like FlashAI.

21. Fraudulent service to get back Facebook.

22. Fraudulent love, financial investment, sending parcels, winning prizes, …

23. Spreading phishing links, seeding dirty ads on Facebook.

24. Fraudulently giving lottery numbers.

2. Criminal liability for act of appropriation of property using network, telecommunications networks, electronic

For the act of using computer networks, telecommunications networks, electronic means to commit acts of property appropriation as prescribed in Article 290 of the Penal Code 2015, amended and supplemented in 2017 as follows:

“1. Any person who uses a computer network, telecommunications network, or electronic device to commit any of the following acts, except for the cases in Article 173 and Article 174 hereof, shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

a) Using information about another organization’s or individual’s bank account or card to appropriate the account holder’s or card holder’s property, or illegally pay for the offender’s purchases;

b) Making, storing, trading, using fake bank cards to steal money of card holders or illegally pay for the offenders’ purchases;

c) Illegally accessing the account of an organization or individual in order to appropriate their property;

d) Commit frauds in electronic commerce, electronic payment, online currency trading, online capital raising, online multi-level marketing, or online securities trading for the purpose of property appropriation;

dd) Illegally establishing or providing telecommunications or Internet services for the purpose of property appropriation

2. This offence committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence is committed in a professional manner;

d) The offence involves 50 – 199 fake cards;

dd) The property appropriated is assessed at from VND 50,000,000 to under VND 200,000,000;

e) The offence results in property damage of from VND 50,000,000 to under VND 300,000,000;

g) Dangerous recidivism.

3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:

a) The property appropriated is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence results in property damage of from VND 300,000,000 to under VND

500,000,000;

c) The offence involves 200 – 499 fake cards.

4. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:

a) The property appropriated is assessed at ≥ VND 500,000,000;

b) The offence results in property damage of ≥ VND 500,000,000;

c) The offence involves ≥ 500 fake cards.

5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.

Therefore, cybercrime shall face a penalty maximum of 20 years imprisonment. In addition, the offender may also be fined from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions, practicing a profession or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.