Are private detectives part of the Vietnam Standard Industrial Classification? Is it illegal for a private detective to spy on others?
- Are private detectives part of the Vietnam Standard Industrial Classification?
- Vietnam: Is it illegal for a private detective to spy on others?
- How to handle private detectives who buy and sell other people's personal information?
- Vietnam: Will private detectives who illegally use other people's information on computer networks or telecommunications networks be prosecuted for criminal liability?
Are private detectives part of the Vietnam Standard Industrial Classification?
Pursuant to the provisions in Appendix 2 issued together with Decision 27/2018/QD-TTg stipulates as follows:
803 – 8030 – 80300: Investigation services
This class includes investigation and detective services. All activities of all private detectives, according to the types of clients or purposes of investigation.
According to the above regulations, private detectives belonging to the Vietnam Standard Industrial Classification with industry code 803 - 8030 - 80300 are in the group of Investigation services
This group includes investigative and detective services. The activities of all private detectives, of all types of clients or for investigative purposes are included in this group.
Are private detectives part of the Vietnam Standard Industrial Classification? Is it illegal for a private detective to spy on others?
Vietnam: Is it illegal for a private detective to spy on others?
As mentioned above, the private detective belongs to the Vietnam Standard Industrial Classification.
Accordingly, private detective's detective, investigation and tracking activities are considered legal. However, the investigation and monitoring of private detectives must comply with the provisions of Article 38 of the 2015 Civil Code.
Pursuant to Article 38 of the 2015 Civil Code stipulates as follows:
Right to private life, personal secrets and family secrets
1. The private life, personal secrets and family secrets of a person are inviolable and protected by law.
2. The collection, preservation, use and publication of information about the private life of an individual must have the consent of that person; the collection, preservation, use and publication of information about the secrets of family must have the consent of all family’s members, unless otherwise prescribed by law.
3. The safety of mails, telephones, telegrams, other forms of electronic information of an individual shall be ensured and kept confidential.
The opening, control and keeping of mails, telephones, telegrams, other forms of electronic information of an individual may only be conducted in cases provided by law.
4. Contracting parties of a contract may not disclose information about each other's private life, personal secrets or family secrets that they know during the establishment and performance of the contract, unless otherwise agreed.
Accordingly, when conducting detective, investigating and monitoring private detective activities, it is necessary to comply with the regulations on the right to private life, personal secrets, and family secrets as prescribed above.
How to handle private detectives who buy and sell other people's personal information?
Pursuant to the provisions of Article 84 of Decree 15/2020/ND-CP as amended by Clause 30, Article 1 of Decree 14/2022/ND-CP, as follows:
Violations against regulations on collection and use of personal information
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:
a) Collecting personal information without obtaining the consent of its owner regarding the scope and purpose of collection and use of such information;
b) Failing to refrain from providing personal information to a third party at the request of its owner.
2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to use the collected personal information for the agreed purposes or using it for the purposes other than the agreed ones without its owner’s consent;
b) Providing or sharing or spreading the collected, accessed or controlled personal information to a third party without its owner's consent;
c) Illegally collecting, using, spreading or trading in personal information of others.
3. Remedial measures:
Enforced removal of personal information in case of commission of the violation in Point b Clause 1, or Point b or c Clause 2 of this Article.
According to the above regulations, the illegal trading of private information by private detectives of other people can result in a fine ranging from VND 40,000,000 to VND 60,000,000.
Note: This fine level applies to organizations. In case individuals commit violations like those of organizations, the fine level is 1/2 of the fine level for organizations. (Based on Article 4 of Decree 15/2020/ND-CP).
Vietnam: Will private detectives who illegally use other people's information on computer networks or telecommunications networks be prosecuted for criminal liability?
Pursuant to the provisions of Clause 1, Article 288 of the Criminal Code 2015 as follows:
Illegal provision or use of information on computer networks or telecommunications networks
1. A person who commits any of the following acts and earns an illegal profit of from VND 50,000,000 to under VND 200,000,000 or causes property damage assessed at from VND 100,000,000 to under VND 500,000,000 or damages reputation of an organization or individual shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment:
a) Uploading information on a computer or telecommunications network against regulations of law, except in the circumstances specified in Article 117, 155, 156 and 326 hereof;
b) Trading, exchanging, giving, changing or publishing lawfully private information of an organization or individual on the computer or telecommunications network without the consent of the information owner;
c) Other acts that involve illegal use of information on the computer or telecommunications network.
According to the above provisions, private detectives illegally use other people's information on computer networks or telecommunications networks to gain illicit profits from VND 50,000,000 to under VND 200,000,000 or cause damage from VND 100,000,000. up to under VND 500,000,000 or causing bad public opinion to reduce the reputation of agencies, organizations or individuals, they may be subject to non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
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