What are 02 cases where I can use other people's image without permission in Vietnam?

What are 02 cases where I can use other people's image without permission in Vietnam?

In Article 32 of the 2015 Civil Code, individuals' rights to images are stipulated as follows:

Rights of an individual with respect to his/her image

1. Each individual has rights with respect to his/her own image.

The use of an image of an individual must have his/her consent.

When an image of an individual is used for commercial purposes, that person is eligible for a remuneration, unless otherwise agreed.

2. The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:

a) For national and public benefits;

b) For public activities, including conventions, seminars, sports activities, art shows and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

3. If the use of an image violates the regulation prescribed in this Article, the image’s owner has the right to request a court to issue a decision that compel the violator or relevant entities to revoke, destroy or terminate the use of the image, compensate for damage and adopt other measures as prescribed in law.

Thus, there are 02 cases where you can use another person's image without permission in Vietnam, including:

Case 1: Images are used for national, ethnic, or public interests;

Case 2: Images are used from public activities, including conferences, seminars, sports competitions, art performances and other public activities without harming honor, dignity and reputation of the person with the image.

What are 02 cases where I can use other people's image without permission in Vietnam? (Image from the Internet)

What is fine for arbitrarily using another person's image to post on social networks in Vietnam?

In Clause 2, Article 101 of Decree 15/2020/ND-CP amended by Clause 37, Article 1 of Decree 14/2022/ND-CP, there are regulations on the act of using another person's image to post on social networks without permission as follows:

Violating regulations on responsibility for using social networking services; Electronic information page is established through social networks

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2. Fine from 20,000,000 VND to 30,000,000 VND for disclosing information on the list of state secrets, personal privacy secrets and other secrets that do not reach the level of criminal prosecution. 

3. Remedial measures:

Forced removal of false or misleading information or information that violates the law due to violations specified in Clauses 1 and 2 of this Article.

At Point b, Clause 3, Article 34 of Decree 38/2021/ND-CP, supplemented by Clause 4, Article 2, Decree 128/2022/ND-CP, there are regulations on advertising that uses personal images without consent. of that individual as follows:

Violation of regulations on prohibited acts in advertising activities

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3. Fine from 20,000,000 VND to 40,000,000 VND for one of the following acts:

a) Advertising that violates intellectual property laws;

b) Advertising that use images, words, or writing of an individual without that individual's consent, unless permitted by law.

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8. Remedial measures:

a) Forced removal, dismantling, deletion of advertisements or recall of newspaper and magazine products printed with advertisements for acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;

b) Forced to apologize in writing to organizations and individuals for the acts specified in Point b, Clause 3, Point a, Clause 4 of this Article;

c) Force correction of information for acts specified in Clause 5 of this Article.

At Point e, Clause 3, Article 102 of Decree 15/2020/ND-CP, there are regulations on violations against regulations on retention, leasing, transmission, provision, access, collection, processing, exchange and utilization of information:

Violations against regulations on retention, leasing, transmission, provision, access, collection, processing, exchange and utilization of information

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3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:

....

e) Collecting, processing and using information of other organizations/individuals without their consent or for serving purposes other the prescribed ones;

Thus, a person who arbitrarily uses another person's image to post on social networks without permission but is not to the extent of being prosecuted for criminal liability will be subject to an administrative fine of from 20,000,000 VND to 30,000,000 VND in Vietnam.

- Fine from 20,000,000 VND to 40,000,000 VND if advertising uses personal images without consent unless permitted by law. At the same time, force the removal, dismantling, deletion of advertisements or recall of newspaper and magazine products printed with advertisements and apologize in writing to organizations and individuals for violations.

- Fine from 10,000,000 VND to 20,000,000 VND if illegally using another person's image without consent or for the wrong purpose according to the provisions of law.

Note: The above fine applies to organizations. In case an individual commits the same violation as an organization, the fine is equal to 1/2 the fine for an organization (according to Clause 3, Article 4 of Decree 15/2020/ND-CP)

How many years is prison sentence for voluntarily using another person's image to post on social networks to humiliate in Vietnam?

In Article 155 of the 2015 Penal Code, there are provisions on insults to another person as follows:

Insults to another person

1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence involves abuse of the offender's position or power;

d) The offence is committed against a law enforcement officer in performance of his/her official duties;

dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offence is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 11% - 45% mental and behavioral disability because of the offence.

3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Thus, the act of arbitrarily using another person's image to post on social networks to humiliate is subject to criminal prosecution in Vietnam.

The offender may be subject to a warning, a fine from 10,000,000 VND to 30,000,000 VND or to community sentence for up to 03 years, and to imprisonment from 03 months to 05 years in Vietnam.

In addition, the offender may also be banned from holding certain positions, practicing certain professions or doing certain jobs for from 01 year to 05 years in Vietnam.

Best regards!