Nghị định 25/2014/ND-CP

DECREE

PRESCRIBING THE PREVENTION AND COMBAT OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY (*)

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 21, 1999 Penal Code and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the November 29, 2005 Law on the People's Public Security Force;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 13, 2008 Law on High Technology;

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree prescribing the prevention and combat of crimes and other law violations involving high technology.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes activities of preventing, detecting and handling crimes and other law violations involving high technology; international cooperation on the prevention and combat of crimes and other law violations involving high technology; and responsibilities of agencies, organizations, enterprises and individuals in the prevention and combat of crimes and other law violations involving high technology.

2. In this Decree, high technology includes information technology and telecommunications technology.

Article 2. Subjects of application

This Decree applies to officers and agencies specialized in the prevention and combat of crimes and other law violations involving high technology; Vietnamese agencies, organizations and individuals; foreign agencies, organizations and individuals and international organizations currently operating or residing in the Vietnamese territory.

Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Crime involving high technology means a socially dangerous act prescribed in the Penal Code and involving the use of high technology.

2. Other law violations involving high technology means illegal acts that involve the use of high technology but are not serious enough for penal liability examination.

3. Agencies specialized in the prevention and combat of crimes and other law violations involving high technology are professional agencies in the People’s Public Security force and the People’s Army that are assigned to advise on, organize, and directly participate in, the performance of the tasks of preventing and combating crimes and other law violations involving high technology (referred to as specialized agencies for short).

Article 4. Principles of prevention and combat of crimes and law violations involving high technology

1. Strictly complying with the conditions, order, procedures, form and competence prescribed by law and conforming with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Being carried out in a regular and continuous basis, regarding prevention as the primary objective; proactively and promptly detecting, preventing and strictly handling all violations.

3. Respecting and protecting the lawful rights and interests of agencies, organizations and individuals.

4. Agencies, organizations and individuals that suffer damage caused by illegal acts of competent agencies or organizations in the prevention and combat of crimes and other law violations involving high technology shall be compensated in accordance with law.

Article 5. State policies on the prevention and combat of crimes and law violations involving high technology

1. To invest special-use modem technical equipment and facilities and mobilize scientific and technological potential for specialized agencies to fulfill the tasks of preventing and combating crimes and other law violations involving high technology.

2. To prioritize the selection of officers and attract specialists excellent at information and telecommunications technologies to serve the prevention and combat of crimes and other law violations involving high technology; to provide training and retraining for specialized officers to improve their professional qualifications, legal knowledge, foreign language, knowledge about and skills of using hi-tech means and equipment; to appoint officers who satisfy criteria of political and moral qualities and professional qualifications for domestic and overseas training in the prevention and combat of crimes and other law violations involving high technology.

3. To ensure funds for the prevention and combat of crimes and other law violations involving high technology from the following sources:

a/ The state budget according to the state budget management decentralization under current regulations;

b/ Financial assistance and contributions from agencies, organizations and individuals at home and abroad in accordance with law;

c/ Other funding sources as prescribed by law.

The estimation, use and settlement of state budget funds for the prevention and combat of crimes and other law violations involving high technology must comply with the Law on the State Budget.

Chapter II

PREVENTION OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY

Article 6. Information, communication and education about prevention and combat of crimes and other law violations involving high technology

1. Contents of information, communication and education include:

a/ Policies and laws on prevention and combat of crimes and other law violations involving high technology;

b/ The position, role and importance of the prevention and combat of crimes and other law violations involving high technology in the protection and maintenance of security and order;

c/ Methods, tricks, risks and harms of crimes and other law violations involving high technology;

d/ Knowledge about and skills of prevention and combat of crimes and other law violations involving high technology; skills of coping with attacks and unauthorized access to information systems and databases;

dd/ Measures and experiences on prevention and combat of crimes and other law violations involving high technology;

e/ Responsibilities of individuals, agencies, organizations and enterprises in the prevention and combat of crimes and other law violations involving high technology;

g/ Other contents related to the prevention and combat of crimes and other law violations involving high technology.

2. Forms of information, communication and education:

a/ Direct meeting, exchange, dialogue and discussion;

b/ Via the mass media;

c/ Through activities at education and training institutions;

d/ Through law quizzes and community activities;

dd/ Other lawful forms.

3. Information, communication and education activities should be enhanced for enterprises providing network infrastructure and internet and telecommunications services; enterprises operating in finance, banking, e-payment and e-commerce; youths and teenagers, pupils and students at general schools and other education and training institutions related to high technology; hi-tech associations and clubs and geological areas where many hi-tech law violations occur.

Article 7. Administrative management of security and order

1. Agencies performing the administrative management of security and order shall, through their activities, take the initiative in promptly identifying causes, conditions, methods and tricks of crimes and other law violations involving high technology, and take appropriate handling measures.

2. Measures to prevent crimes and other law violations involving high technology through administrative management of security and order include:

a/ To monitor household members and inhabitants through residence management and examination of permanent residents, temporary residents, sojourners and temporarily absent residents in localities;

b/ To manage records, archives and personal identification data to serve the prevention and combat of crimes and other law violations involving high technology;

c/ To manage immigration and transit;

d/ Other measures of administrative management of security and order as prescribed by law.

Article 8. Preventive activities of specialized agencies

1. To organize and implement professional measures in accordance with law to collect relevant information and documents on the situation in localities and fields under their management to serve the prevention and combat of crimes and other law violations involving high technology.

2. To synthesize, analyze, evaluate and anticipate the situation of, and propose policies and measures to prevent and combat, crimes and other law violations involving high technology.

3. To guide related agencies and units in taking measures to prevent and combat crimes and other law violations involving high technology.

4 To communicate and educate about the law on prevention and combat of crimes and other law violations involving high technology.

Article 9. Individuals participating in the prevention and combat of crimes and other law violations involving high technology

1. To participate in the prevention and combat of crimes and other law violations involving high technology.

2. To protect their own passwords, passcodes, databases, personal information, account information and hi-tech equipment systems.

3. To detect and promptly report crimes and other law violations involving high technology to the nearest police offices or grassroots administrations; to closely coordinate with specialized agencies in verifying crimes and other law violations involving high technology, and provide necessary relevant information and documents to specialized agencies upon request in accordance with law.

Article 10. Agencies, organizations and enterprises participating in the prevention of crimes and other law violations involving high technology

1. To implement the law on prevention and combat of crimes and other law violations involving high technology.

2. To comply with regulations on time limit for preservation, storage and supply of information and data to serve the prevention and combat of crimes and other law violations involving high technology.

3. To provide information, documents, data and objects related to crimes and other law violations involving high technology to specialized agencies upon request in accordance with Points c, d and dd, Clause 1, Article 14 of this Decree.

4. To closely coordinate with specialized agencies and competent state agencies in the detection, prevention and combat of crimes and other law violations involving high technology.

Article 11. Mass media agencies participating in the prevention of crimes and other law violations involving high technology

1. To promptly and accurately disseminate policies and laws on prevention and combat of crimes and other law violations involving high technology; to report the situation and results of the prevention and combat of crimes and other law violations involving high technology; to report typical examples and effective models of prevention and combat of crimes and other law violations involving high technology.

2. To integrate contents of prevention and combat of crimes and other law violations involving high technology into other information and communication programs.

Chapter III

DETECTION AND HANDLING OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY

Article 12. Denunciations and reports on prevention and combat of crimes and other law violations involving high technology

1. Individuals shall denounce crimes and other law violations involving high technology to public security offices and commune-level People’s Committees or any agencies and organizations.

2. When detecting or receiving denunciations and reports on crimes and other law violations involving high technology, agencies and organizations shall process them according to their competence or immediately notify them to investigative or specialized agencies in accordance with law.

Article 13. Detection and handling of crimes and other law violations involving high technology through inspection and examination activities

1. Agencies, organizations and enterprises shall regularly examine their own performance of their functions and tasks; if detecting crimes and other law violations involving high technology, they shall handle them according to their competence or propose the handling thereof in accordance with law.

2. Specialized inspectorates and specialized agencies shall, through inspection activities, take the initiative in detecting, handling, or propose the handling of, crimes and other law violations involving high technology.

3. In case of necessity, specialized inspectorates may request specialized agencies to coordinate in inspecting agencies, organizations, enterprises and individuals and handling their violations in order to prevent crimes and other law violations involving high technology.

Article 14. Specialized agencies’ measures to combat crimes and other law violations involving high technology

1. When detecting signs of law violation, specialized agencies may take the following measures:

a/ Applying professional measures as prescribed by law to collect information and documents and verify crimes and other law violations involving high technology;

b/ Using professional equipment and techniques to examine, monitor, detect, collect, recover and analyze information, documents and data to serve the prevention and combat of crimes and other law violations involving high technology;

c/ Requesting individuals, agencies and organizations to provide information, documents, objects and equipment in connection to crimes and other law violations involving high technology;

d/ Requesting banks and credit institutions to provide information and documents on account transactions and other information and documents to serve the detection, investigation and handling of crimes and other law violations involving high technology in accordance with law;

dd/ Requesting telecommunications enterprises and internet service providers to arrange ground areas, connection portals and necessary technical conditions for specialized agencies to use equipment and technical measures to examine, monitor and collect electronic data; requesting telecommunications enterprises, information technology enterprises and information technology-applying enterprises to provide information and documents on subscribers and other information and documents to serve the detection, investigation and handling of crimes and other law violations involving high technology;

e/ Directly requesting, or coordinating with competent state agencies in, requesting internet service providers and telecommunications enterprises to block and stop access to equipment systems and networks, and use and provision of services;

g/ Performing other tasks and exercising other powers in accordance with law.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing specific guidance on signs of law violation prescribed in Clause 1 of this Article.

Article 15. Handling of crimes and other law violations involving high technology

Those who commit crimes or other law violations involving high technology shall, depending on the seriousness and extent of violation, be examined for penal liability or administratively sanctioned; if causing any damage, they shall pay compensation in accordance with law.

Chapter IV

INTERNATIONAL COOPERATION ON PREVENTION AND COMBAT OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY

Article 16. Contents of international cooperation on prevention and combat of crimes and other law violations involving high technology

1. To propose the conclusion of and accession to the treaty on extradition of hi-tech criminals; to receive requests for extradition of, and organize the execution of extradition decisions against, hi-tech criminals; to coordinate in carrying out mutual judicial assistance activities in the prevention and combat of crimes and other law violations involving high technology.

2. To conclude, and organize the implementation of, treaties and international agreements concerning the exchange of information and prevention and combat of crimes and other law violations involving high technology.

3. To coordinate in the detection, prevention, investigation and handling of crimes and other law violations involving high technology in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party.

4. To coordinate in responding to requests of other countries for investigation of crimes related to hi-tech fields on the principle of reciprocity.

5. To collect, study and exchange information and experiences in the prevention and combat of crimes and other law violation involving high technology.

6. To coordinate in professional training and retraining in the prevention and combat of crimes and other law violations involving high technology.

7. To organize conferences and seminars on issues concerning the prevention and combat of crimes and other law violations involving high technology.

8. To implement mutual judicial assistance and extradition in the investigation, prosecution and trial of, and enforcement of judgments concerning, hi-tech crimes.

9. To provide support in physical foundations, techniques and technologies and capacity building for agencies specialized in the prevention and combat of crimes and other law violations involving high technology.

Article 17. Refusal of international cooperation

Agencies assigned to prevent and combat crimes and other law violations involving high technology and related Vietnamese agencies and organizations may refuse cooperation requests that have contents detrimental to the national sovereignty and security or the State’s interests, or unconformable to Vietnamese law or treaties to with the Socialist Republic of Vietnam is a contracting party.

Chapter V

RESPONSIBILITIES OF MINISTRIES, SECTORS AND LOCALITIES IN THE PREVENTION AND COMBAT OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY

Article 18. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with related ministries and sectors in, assisting the Government in organizing, monitoring, directing and guiding the prevention and combat of crimes and other law violations involving high technology.

2. To organize and direct the specialized agency of the People’s Public Security force in the prevention and combat of crimes and other law violations involving high technology.

3. To direct the administrative management of security and order and coordinate the inspection and handling of law violations involving high technology committed by agencies, organizations, enterprises or individuals.

4. To carry out international cooperation on the prevention and combat of crimes and other law violations involving high technology; to propose the signing of treaties and take the initiative in signing international agreements on the prevention and combat of crimes and other law violations involving high technology.

5. To provide detailed guidance on the implementation of specialized agencies’ measures to prevent and combat crimes and law violations involving high technology; to assume the prime responsibility for, and coordinate with the Ministry of Information and Communications, the Ministry of Culture, Sports and Tourism, the Ministry of Industry and Trade, the Ministry of Science and Technology, the State Bank of Vietnam and related ministries and sectors in providing detailed guidance on contents related to the prevention and combat of crimes and other law violations involving high technology.

Article 19. Responsibilities of the Ministry of National Defense

To organize the prevention and combat of crimes and other law violations involving high technology; to direct the specialized agency of the People’s Army in preventing, investigating and handling crimes and other law violations involving high technology in the fields and localities under its management.

Article 20. Responsibilities of the Ministry of Information and Communications

1. To direct mass media agencies in disseminating policies and laws on prevention and combat of crimes and other law violations involving high technology.

2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in, taking measures to prevent, detect and handle law violations involving high technology.

3. To assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in, exchanging information about, and inspecting, examining and handling, law violations involving high technology.

4. To assume the prime responsibility for, and coordinate with the Ministry of Public Security' and the Ministry of National Defense in, guiding telecommunications enterprises and internet service providers to arrange ground areas, connection portals and necessary technical conditions for specialized agencies to use equipment and apply measures to prevent and combat crimes and other law violations involving high technology; to guide in detail responsibilities of telecommunications and information technology enterprises in preserving, storing and supplying information and data about hi-tech service users to serve the prevention and combat of crimes and other law violations involving high technology; to guide the mobilization of the scientific and technological potential of these enterprises in accordance with law to serve the prevention and combat of crimes and other law violations involving high technology.

Article 21. Responsibilities of the Ministry of Industry and Trade

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and sectors in, organizing the prevention and combat of crimes and the inspection, examination and handling of administrative violations in e-commerce within the scope of its assigned functions and tasks.

2. To develop programs on public information and raising of community awareness about safety assurance when participating in e-commerce activities.

Article 22. Responsibilities of the State Bank of Vietnam

To coordinate with the Ministry of Public Security in guiding the provision of information and documents relating to account transactions of organizations and individuals showing signs of law violation to serve the prevention and combat of crimes and other law violations involving high technology in banking payment activities.

Article 23. Responsibilities of the Ministry of Culture, Sports and Tourism

To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, exchanging information about, and organizing the inspection, examination and handling of, violations involving high technology according to its assigned functions, tasks and powers.

Article 24. Responsibilities of the Ministry of Science and Technology

To assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defense and the Ministry of Information and Communications in, scientific research, technological development and application of scientific and technological advances in the manufacture of equipment and development of solutions and systems for the prevention and combat of crimes involving high technology.

Article 25. Responsibilities of other ministries, ministerial-level agencies and government-attached agencies

1. To guide and examine units under their management in implementing this Decree.

2. Within the scope of their respective powers and responsibilities, to promptly coordinate with and support specialized agencies in the prevention and combat of crimes and other law violations involving high technology.

3. To coordinate with, support, and respond to requests of, competent agencies of the Ministry of Public Security, the Supreme People’s Procuracy and the Supreme People’s Court in the investigation, prosecution and trial of crimes involving high technology.

Article 26. Responsibilities of People’s Committees at all levels

1. To direct and guide their attached agencies in organizing the implementation of this Decree according to their assigned functions and tasks.

2. To coordinate with competent state agencies in implementing, and urging the implementation of, policies, lines, strategies and plans on the prevention and combat of crimes and other law violations involving high technology.

3. To balance and allocate local funds for the prevention and combat of crimes and other law violations involving high technology.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27. Effect

This Decree takes effect on May 22, 2014.

Article 28. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-