This Resolution provides further clarification on the act of illegally accessing another person's computer network, telecommunications network, or electronic device to steal data containing business secrets as stipulated in Clause 1 of Article 289 of the Criminal Code. This document aims to clarify the scope of application and specific acts prohibited.
适用范围
The person who commits the act of illegally accessing another person's computer network, telecommunications network, or electronic device to steal data containing business secrets
要点
- The act of intentionally bypassing warnings, access codes, firewalls, using another person’s administrative rights, or other methods to illegally access another person's computer network, telecommunications network, or electronic device to steal data is defined in Clause 1 of Article 289 of the Criminal Code (Article 1).
- The act of stealing data containing business secrets includes listening, reading, recording, photographing, audio recording, video recording data containing business secrets, which is also defined in this clause (Article 1).
- The Government, the Supreme People's Court, and the Supreme People's Procuracy must implement this Resolution within their respective functions and duties.
- This Resolution takes effect from January 14, 2022 (Article 3).
- This Resolution shall be applied together with the amended and supplemented Criminal Code No. 100/2015/QH13 pursuant to Law No. 12/2017/QH14 (Article 3).
🌐 本文件的社会影响
- Enhance the protection of business secrets of organizations and individuals.
- Improve the effectiveness of criminal prosecution for acts of infringing upon computer networks, telecommunications networks, or electronic devices.
- Contribute to raising public awareness about cybersecurity and the protection of business secrets among citizens and businesses.
❓ 常见问题
What specific act does this Resolution interpret?
The act of intentionally bypassing warnings, access codes, firewalls, using another person’s administrative rights, or other methods to illegally access another person's computer network, telecommunications network, or electronic device to steal data containing business secrets.
When does this Resolution take effect?
Resolution No. 08/2021/NQ-UBTVQH15 takes effect from January 14, 2022.
Which agencies must implement this Resolution?
The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties.
全文
RESOLUTION
Interpretation of Clause 1 of Article 289 of the Criminal Code
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
On the basis of the Constitution of the Socialist Republic of Vietnam;
BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;
Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;
Based on the Criminal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14;
RESOLUTION:
Article 1. Interpretation of Clause 1 of Article 289 of the Criminal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14
The act of intentionally bypassing warnings, access codes, firewalls, using another person's administrative rights, or other methods to illegally intrude into another person's computer network, telecommunications network, or electronic device to steal data as stipulated in Clause 1 of Article 289 of the Criminal Code shall be understood to include the intentional act of bypassing warnings, access codes, firewalls, using another person's administrative rights, or other methods to illegally intrude into another person's computer network, telecommunications network, or electronic device to seize data containing business secrets, including listening to, reading, recording, photographing, audio and video recording data containing business secrets.
Article 2. Implementation
The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall be responsible for implementing this Resolution.
Article 3. Effectiveness
1. This Resolution shall take effect from January 14, 2022.
2. This Resolution shall be applied together with the Criminal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14.
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