How is the act of hacking someone else's Facebook account be handled? This is a question that LawNet has received quite a lot since the incident of a player on the Vietnamese football team having his Facebook hacked and private messages revealed. LawNet would like to answer this question in the article below.
Article table of contents
According to Vietnam’s current regulations, the act of hacking someone else's Facebook account is a violation of the law and, depending on the severity, will be subject to administrative sanctions or criminal prosecution.
1. Administrative sanction
According to Article 80 of Decree No. 15/2020/NĐ-CP of Vietnam’s Government, the act of hacking someone else's Facebook account shall be imposed a fine ranging from VND 10,000,000 to VND 20,000,000 (this fine was previously regulated in Decree No. 174/2013/NĐ-CP of Vietnam’s Government). Specifically, according to Clause 1 Article 80 of Decree No. 15/2020/NĐ-CP of Vietnam’s Government on violations against regulations on illegal provision or use of information in cyberspace:
Article 80. Violations against regulations on illegal provision or use of information in cyberspace
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for decrypting, stealing and/or using passwords, cryptographic keys and information of other organizations/individuals in cyberspace.
Moreover, if the violator is a foreigner, in addition to being fined, the violator will also be subject to an additional penalty of expulsion from the territory of the Socialist Republic of Vietnam.
In particular, the fine shall be up to VND 50,000,000 if the violator has the following acts:
- Illegally accessing networks or digital devices of others to override such devices or change/delete information stored on such devices or change setting parameters or collect information of others;
- Infiltrating, altering or deleting information of other organizations/individuals in cyberspace;
- Obstructing the information system’s provision of services;
- Preventing the access to information of other organizations/individuals in cyberspace, unless such prevention is permitted by law;
- Causing insecurity or breaking confidentiality of information exchanged, transmitted or stored in cyberspace of other organizations/individuals.
etc.
2. Criminal prosecution
In addition to being administratively handled according to the above regulations, persons who hack other people's Facebook accounts may also be prosecuted for criminal liability for the crime of Infringement upon secret information, mail, telephone, telegraph privacy or other means of private information exchange as prescribed in Article 159 of the Criminal Code 2015 of Vietnam, according to which the violator shall receive a warning, be liable to a fine or face a penalty of up to 03 years' community sentence. Moreover, he/she may also be liable to a fine of from VND 5,000,000 to VND 20,000,000, and be prohibited from holding certain positions for 01 - 05 years. To be specific:
Article 159. Infringement upon secret information, mail, telephone, telegraph privacy or other means of private information exchange
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 offense committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:
a) The offense is committed by an organized group;
b) The offense involves abuse of the offender's her position or power;
c) The offense 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.
Moreover, depending on the nature of the act and the level of violation, the act of hacking Facebook accounts may also be prosecuted for criminal liability of the Crime of Illegal provision or use of information on computer networks or telecommunications networks as prescribed in Article 288 of the Criminal Code 2015 of Vietnam with the highest prison sentence of up to 7 years.
Nguyen Trinh
