Resolution 08/2021: Explanation for Clause 1 of Article 289 in Vietnamese Criminal Code

Bao Ngoc

15:24, 02/12/2021

On November 26, 2021, the Standing Committee of National Assembly of Vietnam promulgated Resolution 08/2021/NQ-UBTVQH15 explaining clause 1 of Article 289 in Criminal Code on bypassing the warning, hacking the password or other ways to infiltrate another person's computer network, telecommunications network or electronic device

According to the Resolution, the act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person's computer network, telecommunications network or electronic device in order to steal data, which is referred to in clause 1 of Article 289 in the Criminal Code, is understood to embrace the act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person's computer network, telecommunications network or electronic device to appropriate data containing trade secrets, listen to, read, jot down, photograph, audio-record or video-record data containing trade secrets.

This document is in response to the requirement to criminally handle violations of trade secrets of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Resolution 08/2021/NQ-UBTVQH15 takes effect from January 14, 2022 and is applied together with the Criminal Code 2015.

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