Vietnam: What is Telegram? Is Telegram a scam?

Hi, Lawnet would like to answer as follows:

1. What is Telegram?

Telegram is a popular messaging app that offers features such as fast messaging and free voice calls with high security.

Some notable features of Telegram include:

- End-to-end message encryption: This means that only the sender and the recipient can read the content of the conversation, and messages cannot be forwarded like other apps such as Zalo, Facebook, and Skype. It allows the sender to delete all conversation messages from the recipient, while other apps can only delete messages on the sender's side.

- Large file sharing (up to 2GB): You can share audio, images, videos, etc.

- Self-removed messages: Users can set a time for messages to be automatically deleted after a certain period of time, reducing the risk of personal data leakage.

- Cloud storage: Messages are synchronized and stored in the cloud, accessible from multiple devices.

- Creating channels and group chats with up to 200,000 members.

- Multiple nickname changes without limitations, unlike Zalo (3 times), Facebook (5 times), etc.

2. Is Telegram a scam?

In essence, Telegram is a messaging and calling app with high security that uses end-to-end encryption. Telegram also commits to not collecting and selling user data to third parties.

Therefore, Telegram is not a scam app but a service that provides free messaging and calling to meet users' needs.

However, some individuals take advantage of Telegram's security features and popularity among many users to commit scams such as:

- Financial investment scams: sending links, fake bots of investment trading platforms, and promising high profits with no risks to deceive victims into investing money.

- Cryptocurrency scams: sending links to fake cryptocurrency exchange websites, requesting deposits, and then stealing the money in the victim's account.

- Romance scams: Befriending, getting to know someone, flirting, and borrowing money for urgent reasons but not repaying.

- Installing malware to steal personal information: sending attachments containing malware that, when opened, installs into the device and steals data.

....

3. What are the penalties for scams involving property misappropriation through Telegram in Vietnam?

Administrative penalties for scams involving property misappropriation through Telegram in Vietnam

According to the regulations in Clause 1 of Article 15 of Decree 144/2021/ND-CP, a fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so.

In addition, individuals committing scams involving property misappropriation through Telegram shall have their exhibits and means of administrative violations confiscated and are required to return any illegally obtained assets to the victims.

Criminal liability for the offense of property misappropriation through Telegram in Vietnam

According to the provisions in Article 174 of the Criminal Code 2015 (amended by the Criminal Code 2017), individuals who commit scams involving property misappropriation through Telegram will face corresponding penalties as follows:

Frame 1

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 offenses specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;

- The offense 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; 

Frame 2

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

- The offense is committed by an organized group;

- The offense 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 offense 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 offense;

Frame 3

This offense 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 offender takes advantage of a natural disaster or epidemic to commit the offense.

Frame 4

This offense 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 offender takes advantage of a war or state of emergency to commit the offense.

Frame 5

 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

Note: Cases of scams involving misappropriation of assets under 2,000,000 VND may be subject to criminal liability when:

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

- The offense 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; 

-  The offender has an unspent conviction for scams involving property misappropriation, robbery, extortion, misuse of trust to misappropriate assets, using computer networks, telecommunications networks, electronic means to misappropriate assets, etc.

In addition, offenders may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding positions, practicing certain professions, or performing certain jobs for a period of 01 to 05 years, or have their assets partially or wholly confiscated.

4. Measures to avoid scams on Telegram

To avoid being the victim to scams involving property misappropriation on Telegram, users should take the following preventive measures:

- Be cautious of overly enticing invitations and advertisements on Telegram.

- Do not believe in offers of quick and easy money because they are often scams.

- Do not share personal information, bank account details, or credit card information with strangers or newly acquainted individuals on Telegram.

- Be cautious when clicking on suspicious links on Telegram; do not open suspicious attachments; and verify them carefully before accessing them.

- Do not send money or make upfront payments for suspicious online transactions via Telegram.

- Use an anonymous Telegram account, do not provide personal information, and avoid contact with strangers.

- Be wary of quick romantic relationships and requests for gift sending on Telegram, as they may be scamming tactics.

- Report and block suspicious accounts involved in scams on Telegram.

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