What are regulations on posting images and personal information of other people on social media in Vietnam?

What are regulations on posting images and personal information of other people on social media in Vietnam?

Pursuant to Clause 1.a Article 18 of the Law on Cybersecurity in 2018 stipulating prevention and response to use of cyberspace, information technology or electronic devices for violations of regulations of law on national security and public order as follows:

1. Use of cyberspace, information technology or electronic devices for violations of regulations of law on national security and public order includes:

a) 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 this Law;

Pursuant to Clause 1.d Article 17 of the Law on Cybersecurity in 2018 stipulating prevention and response to cyber espionage; protection of state-secret information, business secrets, family secrets and privacy in cyberspace as follows:

Posting state-secret information, work secrets, business secrets, family secrets and privacy in cyberspace against the law;

In addition, according to Article 38 of the Civil Code in 2015, the private life, personal secrets and family secrets of a person are inviolable and protected by law. The use and publication of information about the private life of an individual must have the consent of that person.

As regulations above, the act of posting images and personal information of other people on social media is protected by the law. The use and publication of information about the private life of an individual must have the consent of that person. Anyone posting the images of others with consent of those people or posting images related to private life and secrets of individuals with consent of those people are against the law in Vietnam.

What are regulations on posting images and personal information of other people on social media in Vietnam? - Image from Internet

What are the fines for posting personal images of other people on the internet in Vietnam?

Pursuant to Clause 1 Article 101 of the Decree 15/2020/ND-CP stipulating as follows:

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information classified as state secret, an individual’s privacy or other secrets if not liable to criminal prosecution. 

- The violator shall be enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.

Pursuant to Clause 3.e Article 102 of the Decree 15/2020/ND-CP stipulating violations against regulations on retention, leasing, transmission, provision, access, collection, processing, exchange and utilization of information as follows:

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;

According to Article 155 of the Criminal Code in 2015, the violation of insults to another person is stipulated as follows:

- 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. 

- If this offence committed by a computer network, the offender shall carry a penalty of 03 - 02 years' imprisonment.

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

Therefore, the violator may be subject to administrative sanctions or criminal prosecution.

In the above case, you can file a complaint with the investigating agency (District Police) or the local People's Procuracy where you reside in order to request the handling of the removal of sensitive images. In addition, you can report directly to the above agency on the incident of being posted sensitive images on social media.

Best regards!