In Vietnam: What are criminal responsibilities imposed on individuals for distribution pornographic materials on the internet?

In Vietnam: What are criminal responsibilities imposed on individuals for distribution pornographic materials on the internet?

Pursuant to Article 326 of the Criminal Code in 2015 (amended by Clause 124 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating distribution pornographic materials as follows:

1. Any person who makes, duplicates, publishes, transports, deals in, or possesses books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following circumstances shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offence involves an amount of digital data from 01 GB to under 05 GB in size;

b) The offence involves 100 - 199 physical pictures;

c) The offence involves 50 - 99 physical books, magazines or other printed materials;

d) Pornographic materials are distributed among 10 - 20 people;

dd) The offender has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves an amount of digital data from 05 GB to under 10 GB in size;

c) The offence involves 200 - 499 physical pictures;

d) The offence involves 100 - 199 physical books, magazines or other printed materials;

dd) Pornographic materials are distributed among 21 - 100 people;

e) Pornographic materials are provided for a person under 18;

g) The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence involves an amount of digital data of ≥ 10 GB;

b) The offence involves ≥ 500 physical pictures;

c) The offence involves ≥ 200 physical books, magazines or other printed materials;

d) Pornographic materials are distributed among ≥ 101 people.

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As regulations above, a penalty of up to 03 years' community sentence or 06 months' - 36 years' imprisonment shall be imposed on individuals for distribution pornographic materials on the internet. The specific penalty depends on the level of behavior and decision of the Court.

What are the fines for distribution pornographic materials on the internet in Vietnam?

Pursuant to Clause 1 and 3, Article 101 of the Decree 15/2020/NĐ-CP (amended by Clause 37 Article 1 of the Decree 14/2022/NĐ/CP) stipulating violations against regulations on responsibility of social networking service users; website established through social networks as follows:

1. 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:

a) 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;

b) Providing/sharing information with the aims of encouraging unsound customs, superstitions or pornography, or which is not conformable with the national good traditions and customs;

c) Providing/sharing information describing in detail acts of cutting off/killing, accidents, horror and frightful acts;

d) Providing/sharing fictitious information with the aims of causing a panic among the population, inciting violence, crimes, social evils, gambling or serving gambling activities;

dd) Providing/sharing journalistic, literature and arts works and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision;

e) Advertising, disseminating or sharing information on prohibited goods/services;

g) Providing/sharing images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;

h) Providing/sharing paths/links to prohibited information on networks.

3. Remedial measures:

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.

As regulations above, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for distribution pornographic materials on the internet in Vietnam. In addtion, it is mandatory to remove the shared information and content in accordance with the law.

What are prohibited acts in management, provision, and use of Internet services and online information in Vietnam?

Pursuant to Article 5 of the Decree 72/2013/NĐ-CP stipulating prohibited acts in management, provision, and use of Internet services and online information in Vietnam as follows:

1. Using the provision and use of internet services and online information for:

a) Opposing Socialist Republic of Vietnam; threatening the national security, social order and safety; sabotaging the national fraternity; propagating wars and terrorism; arousing animosity and among races and religions.

b) Propagating and incite violence, obscenity, pornography, crimes, social problems, superstition; contradicting national traditions;

c) Revealing state secrets, military, economic, diplomacy secrets, and other secrets defined by the State;

d) Providing false information, slandering or damaging reputation of organizations or dignity of individuals;

dd) Advertising, propagating, trading in banned goods or services; spreading banned publications;

e) Impersonating other organizations and individuals to spread false information, which violates the lawful rights and interests of other organizations and individuals.

2. Illegally obstructing the lawful provision and access to information, the provision and use of lawful services on the Internet of other organizations and individuals.

3. Illegally obstructing the operation of “.vn” domain name system servers (DNS servers), lawful operation of Internet service and online information provision systems.

4. Illegally using passwords of other organizations and individuals, private information, and Internet resources.

5. Creating illegal links to lawful domain names of other organizations and individuals; creating, installing, spreading harmful software or computer virus; illegally accessing or taking control of info systems; making attack tools on the Internet.

As regulations above, prohibited acts in management, provision, and use of Internet services and online information in Vietnam.

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