Is posting disturbance of public order acts on Facebook considered a violation against Code of conduct for social media of Vietnam?
Is posting disturbance of public order acts on Facebook considered a violation against Code of conduct for social media of Vietnam?
According to the provisions in Article 4 of the Code of Conduct issued alongside Decision 874/QD-BTTTT in 2021, the regulations are as follows:
Code of Conduct for Organizations and Individuals
1. Understand and comply with the terms and conditions of the social media service provider before registering and participating in social media.
2. It is advisable to use the real name of the individual, the actual title of the organization, and register with the service provider to verify the title, webpage address, and contact point when participating in and using social media.
3. Implement measures to self-manage and secure social media accounts and promptly notify the relevant authorities and service providers when the account of the organization or individual is compromised, impersonated, exploited, and used for unhealthy purposes, affecting national security and social safety, affecting the rights and legitimate interests of other organizations and individuals.
4. Share information from official and reliable sources.
5. Exhibit behaviors and conduct that align with the ethical, cultural, and traditional values of the Vietnamese people; do not use language that incites hatred, violence, or discriminates based on region, gender, or religion.
6. Do not post content that violates the law, information that insults the honor and dignity of others affecting the legitimate rights and interests of other organizations and individuals; do not use offensive language, violate traditional customs; spread rumors or false information; engage in unauthorized advertising or business activities that cause social agitation, affecting public order and safety.
7. Encourage the use of social media to promote the beautiful country, people, and culture of Vietnam, share positive information, and highlight good people and good deeds.
8. Educate and protect children and adolescents to use social media safely and healthily.
Based on the above regulations, causing public disorder and then posting it on Facebook is an act of posting content that violates the law and thus violates the Code of conduct for social media.
Is posting disturbance of public order acts on Facebook considered a violation against Code of conduct for social media of Vietnam?
What is the sentence bracket for disturbance of public order in Vietnam according to Clause 2, Article 318 of the Criminal Code 2015?
Currently, the crime of "Disturbance of public order" is specified in Article 318 of the Criminal Code 2015. According to Clause 2, Article 318 Criminal Code 2015, it states:
Crime of Disturbance of public order
1. Anyone who disrupts public order, causing adverse impacts on security, order, and social safety or who has been administratively sanctioned for this act or who has been convicted of this crime, but has not yet had their conviction expunged and continues to violate, shall be fined from 5,000,000 VND to 50,000,000 VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.
2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 2 years to 7 years:
a) Acting in an organized manner;
b) Using weapons, dangerous instruments, or committing vandalism;
c) Causing serious obstruction to traffic or public activities;
d) Inciting others to disrupt public order;
dd) Assaulting those who intervene to protect public order;
e) Reoffending dangerously.
Thus, according to the above regulations, a person who commits the crime of Disturbance of public order as per Clause 2, Article 318 of the Criminal Code 2015 shall be sentenced to imprisonment from 2 to 7 years.
Specifically, this applies to those who commit the crime of Disturbance of public order under the following circumstances:
- Acting in an organized manner;
- Using weapons, dangerous instruments, or committing vandalism;
- Causing serious obstruction to traffic or public activities;
- Inciting others to disrupt public order;
- Assaulting those who intervene to protect public order;
- Reoffending dangerously.
However, if the sentence for Disturbance of public order does not exceed 3 years of imprisonment, the offender may receive a suspended sentence pursuant to Article 1 of Resolution 02/2018/NQ-HDTP (amended by Resolution 01/2022/NQ-HDTP) if the following conditions for a suspended sentence are met:
- Compliance with policies and laws, and fulfillment of all citizen duties;
- It is deemed unnecessary to imprison the offender and granting a suspended sentence does not pose a danger to society; it does not negatively impact security, order, or social safety;
- There are mitigating circumstances as guided in Resolution 02/2018/NQ-HDTP;
- The offender has a clear residence or stable job so that competent authorities can oversee and educate them.
When can an offender be exempt from criminal responsibility in Vietnam?
Based on the provisions of Clause 1, Article 29 of the Criminal Code 2015, an offender can be exempt from criminal responsibility under any of the following circumstances:
- During investigation, prosecution, or trial due to policy or legal changes, the criminal act no longer poses a danger to society;
- When a decision of amnesty is issued.
In addition to the above 2 cases, the offender may also be exempt from criminal responsibility under Clauses 2 and 3, Article 29 of the Criminal Code 2015.
LawNet
