Tiếng Việt
Table of Contents:
1. What is illegal infiltration into a telecommunications network of another person?
2. How many years in prison is an illegal infiltration into a telecommunications network of another person punishable by?
1. What is illegal infiltration into a telecommunications network?
According to Article 1 of Resolution 08/2021/NQ-UBTVQH15, Clause 1, Article 289 of the Penal Code is explained as follows:
“The act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person’s computer network, telecommunications network or electronic device in order to steal data, which is referred to in clause 1 of Article 289 in the Criminal Code, is understood to embrace the act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person’s computer network, telecommunications network or electronic device to appropriate data containing trade secrets, listen to, read, jot down, photograph, audio-record or video-record data containing trade secrets.”
2. How many years in prison is the penalty for illegally accessing a telecommunications network of another person?
Pursuant to Article 289 of the 2015 Penal Code, the 2017 Penal Code stipulates the crime of illegally accessing another person’s computer network, telecommunications network or electronic means as follows:
“Article 289. Illegal infiltration into the computer network, telecommunications network, or electronic device of another person
1. Any person who deliberately bypasses the warning, hacks the password or firewall, or uses the administrator’s right of another person to infiltrate another person’s computer network, telecommunications network, or electronic device in order to take control, interfere the operation of the electronic device; steal, change, destroy, fabricate data or illegally use services shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 – 05 years’ imprisonment.
2. This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offender abuses his/her position or power to commit the offence;
c) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
d) The offence results in property damage of from VND 300,000,000 to under VND
1,000,000,000;
dd) The offence is committed against a national Internet exchange point, domain name database system, or national domain name server system;
e) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry a penalty of 07 – 12 years’ imprisonment:
a) The offence is committed against a system of data which is classified information or an information system serving national defense and security;
b) The offence is committed against a national information infrastructure; national grid control information system; banking or finance information system; traffic control information system;
c) The illegal profit earned is ≥ VND 500,000,000;
d) The offence results in property damage of ≥ VND 1,000,000,000.
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years.”
Thus, for organized illegal infiltration into telecommunications networksof another person, they may be fined from VND 300,000,000 to VND 1,000,000,000 or imprisoned from 03 years to 07 years.