How much is the administrative fine for infringing on other people's personal secrets and humiliating the honor? Is it criminally prosecuted?
- The right to inviolability of private life
- What are the regulations on the right to private life, personal secrets and family secrets?
- How much are the administrative fines for humiliating the honor and prestige of others?
- Will infringement upon the secrets and personal information of others be criminally prosecuted?
The right to inviolability of private life
Pursuant to Article 21 of the 2013 Constitution of Vietnam stipulating as follows:
“1. Everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation.
The security of information about private life, personal secrets or family secrets shall be guaranteed by law.
2. Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication. No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication.”
Infringement upon personal secrets
What are the regulations on the right to private life, personal secrets and family secrets?
Pursuant to Article 38 of the 2015 Civil Code of Vietnam stipulating:
“Article 38. 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, and other forms of electronic information of an individual shall be ensured and kept confidential.
The opening, control and keeping of mails, telephones, telegrams, and 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.”
How much are the administrative fines for humiliating the honor and prestige of others?
According to Clause 3, Article 7 of Decree 144/2021/ND-CP of Vietnam stipulating as follows:
“3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of this Decree;
b) Organizing, hiring, enticing, tempting another person to cause injuries or bodily harms, or to insult or humiliate another person but not liable to criminal prosecution;
c) Providing false information for a competent authority or organization;
d) Calling 111, 113, 114, 115 or a hotline number of an organization for the purpose of harassment, threatening or insulting;
dd) Manufacturing, storing, transporting sky lanterns;
e) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate legal documents issued by or registered with competent authorities as per regulations;
g) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without maintaining fulfillment of personnel requirements under the license issued by a competent authority;
h) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate equipment, tools, workshop, area under the license issued by a competent authority;
i) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without compliance with regulations of law on security, safety and environment.”
Also according to Clause 14, Article 7 of Decree 144/2021/ND-CP of Vietnam stipulating remedial measures as follows:
“14. Remedial measures:
a) Mandatory restoration of original condition in case of violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;
b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;”
Thus, according to Point a, Clause 3, Article 7 of Decree 144/2021/ND-CP of Vietnam, any person taunting, teasing, insulting, humiliating another person will be fined from VND 2,000,000 to VND 3,000,000. Fines for administrative violations prescribed above are imposed on individuals; the fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation. In addition, the violator makes mandatory rectification of false or confusing information in case of violations.
Will infringement upon the secrets and personal information of others be criminally prosecuted?
Pursuant to Article 159 of the 2015 Criminal Code of Vietnam stipulating as follows:
“Article 159. Infringement upon secret information, mail, telephone, telegraph privacy or other means of private information exchange
1. A person who recommits any of the following acts despite the fact that he/she has incurred a disciplinary or administrative penalty shall receive a warning, be liable to a fine of from VND 20,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence:
a) Appropriation of another person's mails, telegraphs, telex, faxes or other documents which are transmitted on the postal or telecommunications network in any shape or form;
b) Deliberately damaging, losing or obtaining another person's mails, telegraphs, telex, faxes or other documents which are transmitted on the postal or telecommunications network;
c) Listening or recording conversations against the law;
d) Searching, confiscating mails or telegraphs against the law;
dd) Other acts that infringe upon secret information, mail, telephone, telegraph privacy or other means of private information exchange.
2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves abuse of the offender's her position or power;
c) The offence has been committed more than once;
d) The obtained information is disclosed and affects another person's dignity or reputation;
dd) The offence results in the suicide of the victim.
3. The offender may also be liable to a fine of from VND 5,000,000 to VND 20,000,000, and be prohibited from holding certain positions for 01 - 05 years.”
Thus, if individuals commit acts in one of the above cases, they may be examined for penal liability depending on the severity, nature and violations. Besides, if there are enough grounds, it can also be attributed to crimes such as slander, insults to another person according to Article 156, Article 155 of the 2015 Criminal Code of Vietnam as amended by point e, Clause 2, Article 2 of the 2017 Law on amendments to the Criminal Code of Vietnam.
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