Is Reading Others' Messages Without Permission a Jailable Offense?

The right to personal privacy of individuals includes the right to confidentiality of correspondence, telephone communications, telegrams, and other forms of private information exchange, which are respected and strictly protected by law. Accordingly, the law strictly prohibits organizations and individuals from unlawfully opening, controlling, or seizing another's correspondence, telephone communications, telegrams, and other forms of private information exchange. Except for cases of opening, controlling, or seizing as stipulated by the law to serve investigation, crime processing, or other purposes to protect the government and the populace.

Acts of infringing upon the privacy of individuals illegally, including acts such as eavesdropping on Facebook messages, Zalo messages, or phone messages of others, are considered violations of the law.

Depending on the nature and severity of the act of eavesdropping on Facebook, Zalo, or phone messages of others, the perpetrator may be subject to administrative penalties, or more severely, criminal prosecution. Specifically, as follows:

1. Administrative Sanctions:

In cases where a person infringes upon the privacy of another by disclosing or disseminating family members' private materials or documents to insult their honor or dignity, they shall be fined from 1,000,000 VND to 1,500,000 VND in accordance with Clause 2, Article 51 of Decree 167/2013/ND-CP.

Additionally, there is an obligation to retrieve such materials or documents as stipulated in Point b, Clause 3, Article 51 of Decree 167/2013/ND-CP.

2. Criminal Liability:

Anyone who infringes upon the privacy or safety of correspondence, telephone communications, telegrams, telex, fax, or other forms of private information exchange of others may be criminally prosecuted under Offenses Against the Privacy or Safety of Correspondence, Telephone Communications, Telegrams, or Other Private Information Exchanges as stipulated in Article 159 of the 2015 Penal Code.

If a person infringes upon the privacy or safety of correspondence, telephone communications, telegrams, telex, fax, or other forms of private information exchange of others, after having been disciplined or administratively fined for such acts, yet continues to violate, they shall be subject to a warning, a fine from 20,000,000 VND to 50,000,000 VND, or non-custodial reeducation for up to 03 years.

In cases where the offense falls into any of the following categories, the penalty shall be imprisonment from 01 year to 03 years:

- Organized;

- Abusing position or authority;

- Committing the offense two or more times;

- Disclosing acquired information, affecting the honor, reputation, or dignity of others;

- Causing the victim to commit suicide.

Additionally: The perpetrator may also be fined from 5,000,000 VND to 20,000,000 VND and prohibited from holding certain positions from 01 year to 05 years.

The above is our advisory opinion regarding the matter you are concerned with.

Sincerely!