How to handle the act of using the 'ghost switchboard' to fake the Traffic Police Department to penalize camera violations?

Main Content

• What is a ghost switchboard?
• Who are the users of telecommunications services?
• Will organizations and individuals using the "ghost switchboard" to fraudulently appropriate other people's property be administratively penalized?
• Will organizations and individuals that use the "ghost switchboard" to fraudulently appropriate other people's property be prosecuted for criminal liability?

What is a ghost switchboard?

The law does not specifically regulate the concept of "ghost switchboard", however, "ghost switchboard" can be understood as fake phone numbers for customer care centers or consultants of famous brands such as Tiki, FPT, Shopee, etc. even fake phone number of switchboard of the state agencies and organizations to appropriate the property of telecommunications service users by many deceitful tricks. This not only endangers society, directly infringes on citizens' property rights, but also affects the reputation of State agencies. Therefore, when this violation is discovered and investigated, it can be considered and dealt with strictly according to the law.

Who are the users of telecommunications services?

Pursuant to Clause 25 Article 3 of the Law on Telecommunications 2009 of Vietnam, the definition of a user of telecommunications services is as follows:

“Article 3. Interpretation of terms

…

25. Telecommunications service user means an organization or individual that enters into a telecommunications service use contract with a telecommunications business or service agent.”

How to handle the act of using the "ghost switchboard" to fake the Traffic Police Department to penalize camera violations?

Will organizations and individuals using the "ghost switchboard" to fraudulently appropriate other people's property be administratively penalized?

According to Point c Clause 1 Article 15 of Decree 144/2021/ND-CP of Vietnam, Point b Clause 2 Article 15 of Decree 144/2021/ND-CP of Vietnam on administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control as follows:

- A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations: Using deception to appropriate the property.

- A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations: Using deception or creating circumstances to force another person into giving money or property.

Note: The above fines are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual (Article 4 of Decree 144/2021/ND-CP of Vietnam).

- Additional penalties:

+ Confiscate the exhibits and means used for committing administrative violations.

+ Expel foreigners committing the administrative violations.

Will organizations and individuals that use the "ghost switchboard" to fraudulently appropriate other people's property be prosecuted for criminal liability?

Organizations and individuals that commit fraudulent acts to appropriate property will be examined for penal liability for "Crimes of fraud and appropriation of property" according to the provisions of Article 174 of the Criminal Code 2015 of Vietnam and Clause 3 Article 2 of the Law amending the Criminal Code 2017 of Vietnam as follows:

- A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

+ The offender has incurred an administrative penalty for appropriation of property;

+ The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 of the Criminal Code;

+ The offence has a negative impact on social safety, order and security;

+ The property illegally obtained is the primary means of livelihood of the victim and the victim's family.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

+ Dangerous recidivism;

+ The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

+ The offender employs deceitful methods to commit the offence;

+ The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

+ The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

+ The offender takes advantage of a natural disaster or epidemic to commit the offence.

- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

+ The property stolen is ≥ VND 500,000,000;

+ The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

+ The offender takes advantage of a war or state of emergency to commit the offence.

- The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.