In Vietnam, do parents have the right to keep control of children's phone?

In Vietnam, do parents have the right to keep control of children's phone?

Pursuant to Article 38 of the Civil Code in 2015 stipulating right to private life, personal secrets and family secrets in Vietnam as follows: 

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, other forms of electronic information of an individual shall be ensured and kept confidential.

The opening, control and keeping of mails, telephones, telegrams, 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.

Pursuant to Clause 2, Article 72 of the Law on Information Technology in 2006 stipulating assurance of information safety and confidentiality in Vietnam as follows: 

2. Organizations and individuals may not perform any of the following acts:

a/ Hacking into, modifying or deleting information of other organizations or individuals in the network environment;

b/ Obstructing the provision of services by the information system;

c/ Preventing the access to information of other organizations or individuals in the network environment, unless it is so permitted by law;

d/ Cracking, stealing or using passwords, codes or information of other organizations or individuals in the network environment;

dd/ Other acts of causing unsafety to, or disclosing confidentiality of, other organizations' or individuals' information which is exchanged, transmitted or stored in the network environment.

As regulations above, the act of controlling your children's phones infringes the right to private life, personal secrets and family secrets.

Is controlling other people's phones subject to criminal liability in Vietnam?

Pursuant to Article 159 of the the Criminal Code in 2015 stipulating infringement upon secret information, mail, telephone, telegraph privacy or other means of private information exchange in Vietnam as follows: 

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, be prohibited from holding certain positions for 01 - 05 years.

As regulations above, anyone who commits the act of infringement shall be liable to a fine of from VND 5,000,000 to VND 50,000,000, a penalty of up to 03 years' community sentence, or 01 - 03 years' imprisonment, and be prohibited from holding certain positions for 01 - 05 years.

Best regards!