Was the Chairperson of Dak Lak Provincial People's Committee banned from exiting Vietnam when he arrived at Tan Son Nhat airport?
- Is it true that the provincial Chairperson is banned from exiting Vietnam?
- What are the penalties imposed on entities posting false information about authorities on social networks in Vietnam?
- What does the use of cyberspace for committing violations of regulations of law on national security and public order in Vietnam include?
Is it true that the provincial Chairperson is banned from exiting Vietnam?
From April 24 to 28, Dak Lak province established a delegation of officials on a working trip to Korea headed by Comrade Pham Ngoc Nghi, Chairperson of the Provincial People's Committee.
However, when he arrived at Tan Son Nhat airport, Comrade Pham Ngoc Nghi did not exit Vietnam but returned to Dak Lak province. This sparked information that the Chairperson of Dak Lak Provincial People's Committee was banned from exiting Vietnam when arriving at Tan Son Nhat airport to go to Korea; Typical information includes the event that the Central Inspection Commission inspected the Standing Committee of Dak Lak Provincial CPV Committee and the Personnel Committee of the Provincial People's Committee for the 2015-2020 term and the 2020-2025 term; At the same time, the Investigation Agency of the Ministry of Public Security has investigated and brought all documents related to the cases at the People's Committee of Dak Lak province to Hanoi; therefore, Comrade Pham Ngoc Nghi was banned from exiting Vietnam.
On May 7, 2024, the Communist Party of Vietnam online newspaper informed the Dak Lak Provincial People's Committee Office, affirming: information that Comrade Pham Ngoc Nghi, Chairperson of this provincial People's Committee was banned from exiting Vietnam when traveling to Korea is not true.
Specifically, when he went to Tan Son Nhat airport to be on a working trip, Comrade Pham Ngoc Nghi returned because he received news that his relatives were seriously ill.
The dissemination of this false and bogus information disturbs information, causes bad public opinion, and greatly affects the leadership, direction, and administration of economic, cultural, and social development, the assure of national defense and security of the collective leaders of Dak Lak province and individual leaders; at the same time, causes confusion among communist party members, officials, public employees and people in the area.
Regarding the above information, making statements at the Regular Session on April 2024 organized by the People's Committee of Dak Lak province on the morning of May 7, Major General Le Vinh Quy, Director of Public Security of Dak Lak province suggested that leaders of departments and central authorities should thoroughly direct officials, public employees to raise their vigilance against unverified or false information, affecting provincial leaders and internal political insecurity in the area.
Source: Government Web Portal
What are the penalties imposed on entities posting false information about authorities on social networks in Vietnam?
Phe penalties imposed on entities posting false information about authorities on social networks in Vietnam are specified as follows:
(1) Administrative penalties:
For the act of giving false information, the following administrative penalties will be imposed according to Article 99 of Decree 15/2020/ND-CP:
Violations against regulations on websites
...
3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of one of the following violations:
a) Providing false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations or individuals;
...
4. Additional penalties:
The exhibits and instrumentalities used for committing any of the violations in Clause 3 of this Article shall be confiscated.
5. Remedial measures:
a) Enforced removal of paths/links to false, misleading or violating information in case of commission of any of the violations in Clause 2 and Clause 3 of this Article;
b) Enforced revocation or return of domain names in case of commission of any of the violations in Clause 2 and Clause 3 of this Article.
At the same time, Clause 3, Article 4 of Decree 15/2020/ND-CP stipulates as follows:
Article 4. Fines and power to impose fines
...
3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.
Thus, in case of posting false information on social networks that affect the honor of others, fines from VND 20,000,000 to VND 30,000,000 for organizations and from VND 10,000,000 to VND 15,000,000 for individuals shall be imposed.
In addition to fines, organizations and individuals posting false information on social networks are also subject to the following additional penalties and remedial measures:
- Confiscation of exhibits and instrumentalities used for posting false information;
- Enforced removal of paths/links to false information;
- Enforced revocation or return of domain names due to posting false information;
(2) Criminal penalties
Under Article 117 of the 2015 Criminal Code:
Making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam
1. Any person who, for the purpose of opposing the State of Socialist Republic of Vietnam, commits any of the following acts shall face a penalty of 05 - 12 years' imprisonment:
a) Making, possessing, spreading information, materials, items whose that contains distorted information about the people's government;
b) Making, possessing, spreading information, materials, items whose that contains fabricated information to cause dismay among the people;
c) Making, possessing, spreading information, materials, items to cause psychological warfare.
2. An extremely serious case of this offence carries a penalty of 10 - 20 years' imprisonment.
3. Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.
Thus, depending on the seriousness of the violation, organizations and individuals posting false information about the authorities may face administrative penalties or be liable to criminal prosecution.
What does the use of cyberspace for committing violations of regulations of law on national security and public order in Vietnam include?
Under Clause 1, Article 18 of the 2018 Law on Cybersecurity, the use of cyberspace for committing violations of regulations of law on national security and public order in Vietnam includes:
- Posting or spreading the information mentioned in Clause 1 through 5 of Article 16 in cyberspace and the acts mentioned in Clause 1 Article 17 of the 2018 Law on Cybersecurity, including:
+ Information in cyberspace considered propaganda against the government of the Socialist Republic of Vietnam;
+ Information in cyberspace considered to provoke riots or disturb the peace;
+ Information in cyberspace considered humiliating or slandering;
+ Information in cyberspace that is meant to commit violations against regulations of law on economic management;
+ Other fabricated or false information in cyberspace that is meant to cause public confusion or economic loss, obstruct regulatory bodies or law enforcers, violate lawful rights and interests of other organizations and individuals;
+ Cyber espionage or deliberate violation of state-secret information, work secrets, business secrets, family secrets and privacy in cyberspace;
- Appropriation of property; online gambling or organization thereof; theft of service involving voice over Internet protocol (VoIP); intellectual property and copyright infringement in cyberspace;
- Making fake websites of other organizations and individuals; forging, stealing, illegally using, trading, collecting or exchanging others’ credit information or bank accounts; illegally issuing, providing or using payment facilities;
- Advertising or trading in banned goods/services;
- Instructing others to commit violations of law;
- Other uses of cyberspace, information technology or electronic devices for violations of regulations of law on national security and public order.
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