Decree No. 25/2014/NĐ-CP on prevention and combat of criminal offenses and other violations of law using high technology

 DECREE

Regulations on preventing and combating high-tech crimes and other violations of law

Using high technology

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

Pursuant to the Criminal Code dated December 21, 1999; Law Amending and Supplementing Certain Articles of the Criminal Code dated June 19, 2009;

Pursuant to the Public Security Law dated November 29, 2005;

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

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

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

At the proposal of the Minister of Public Security,

The Government promulgates this Decree on regulations for preventing and combating high-tech crimes and other violations of law using high technology.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates activities related to prevention, detection, and handling of high-tech crimes and other violations of law using high technology; international cooperation in preventing and combating high-tech crimes and other violations of law using high technology; responsibilities of agencies, organizations, enterprises, and individuals in preventing and combating high-tech crimes and other violations of law using high technology.

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

Article 2. Applicability

This Decree applies to officials, specialized agencies responsible for preventing and combating high-tech crimes and other violations of law using high technology; agencies, organizations, and citizens of Vietnam; foreign agencies, organizations, and individuals, and international organizations operating or residing within the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. High-tech crime is a socially dangerous act prescribed in the Criminal Code that uses high technology.

2. Other violations of law using high technology are acts violating the law that use high technology but have not reached the level requiring criminal prosecution.

3. Specialized agencies responsible for preventing and combating high-tech crimes and other violations of law using high technology are units of the People's Public Security and the People's Armed Forces assigned the task of providing specialized advice, organizing, and directly implementing tasks to combat high-tech crimes and other violations of law using high technology (referred to as Specialized Agencies).

Article 4. Principles for preventing and combating high-tech crimes and other violations of law using high technology

1. Ensuring compliance with conditions, procedures, forms, and authorities as prescribed by law and consistent with international treaties to which the Socialist Republic of Vietnam is a party.

2. Conducted continuously, with prevention as the main focus; proactive and timely in detecting, preventing, and strictly dealing with all violations.

3. Respect and protect the legitimate rights and interests of agencies, organizations, and individuals.

4. Agencies, organizations, and individuals suffering losses due to unlawful acts committed by authorized agencies and organizations during activities to prevent and combat high-tech crimes and other violations of law using high technology must be compensated according to the provisions of the law.

Article 5. State policy on work to prevent and combat high-tech crimes and other violations of law using high technology

1. Invest in modern specialized equipment and technical means and mobilize scientific and technological potential for Specialized Agencies to perform tasks to prevent and combat high-tech crimes and other violations of law using high technology.

2. Prioritize the selection of cadres, attract experts proficient in information technology and telecommunications to serve the work of preventing and combating high-tech crimes and other violations of law using high technology; train, enhance, and provide training for the team of specialized cadres to improve their professional skills, legal knowledge, foreign languages, knowledge, and skills in using high-tech equipment and devices; send qualified personnel in terms of political quality, morality, and expertise to study and train at domestic and foreign training institutions on preventing and combating high-tech crimes and other violations of law using high technology.

3. Ensure funding for preventing and combating high-tech crimes and other violations of law using high technology from the following sources:

a) State budget according to the current state budget management hierarchy;

b) Sponsorship and contributions from agencies, organizations, and individuals both domestically and internationally as provided by law;

c) Other sources of funding as provided by law.

The preparation, execution, and settlement of budgets ensuring work to prevent and combat high-tech crimes and other violations of law using high technology from the state budget shall be carried out in accordance with the provisions of the State Budget Law.

Chapter II
PREVENTION OF HIGH-TECH CRIMES AND OTHER VIOLATIONS OF LAW
USING HIGH TECHNOLOGY

Article 6. Information, Propaganda, and Education on Preventing and Combating High-Tech Crimes and Other Law Violations Using High Technology

1. The content of information, propaganda, and education includes:

a) Policies and laws on preventing and combating high-tech crimes and other law violations using high technology;

b) The position, role, and importance of work to prevent and combat high-tech crimes and other law violations using high technology in protecting and maintaining security and public order;

c) Methods, tricks, risks, and harms of high-tech crimes and other law violations using high technology;

d) Knowledge and skills for self-protection against risks of high-tech crimes and other law violations using high technology; skills to respond when attacked or illegally intruded upon information systems and databases;

đ) Measures and experiences in preventing and combating high-tech crimes and other law violations using high technology;

e) Responsibilities of individuals, agencies, organizations, and businesses in preventing and combating high-tech crimes and other law violations using high technology;

g) Other contents related to preventing and combating high-tech crimes and other law violations using high technology.

2. Forms of information, propaganda, and education include:

a) Meetings, exchanges, dialogues, and direct discussions;

b) Through mass media;

c) Through activities at educational and training institutions;

d) Through legal knowledge contests, community activities;

đ) Other appropriate methods in accordance with the law.

3. Information, propaganda, and education work needs to be strengthened for businesses providing network infrastructure and internet, telecommunications services; businesses operating in the financial, banking, electronic payment, and e-commerce sectors; young people, teenagers, students, and trainees in secondary schools and other educational and training institutions related to high technology; associations and clubs in the high technology sector and areas where many cases of law violations using high technology occur.

Article 7. Administrative Management of Security and Public Order

1. Agencies responsible for administrative management of security and public order through their activities have the responsibility to proactively detect promptly the causes, conditions, methods, and tricks of operations of high-tech crimes and other law violations using high technology and take appropriate measures.

2. Preventive measures against high-tech crimes and other law violations using high technology through administrative management of security and public order include:

a) Population registration and household registration through residence management, regular checks of permanent, temporary, transient, and short-term residents within the area;

b) Management of files, archives, and identification cards serving the prevention and combat of high-tech crimes and other law violations using high technology;

c) Entry, exit, and transit management;

d) Other administrative management measures for security and public order as prescribed by law.

Article 8. Prevention Activities of Specialized Agencies

1. Organize and implement business measures as prescribed by law to collect information and materials about situations in the areas and fields under their jurisdiction to serve the prevention and suppression of high-tech crimes and other law violations using high technology.

2. Summarize, analyze, evaluate, forecast situations, and propose policies and measures to prevent and combat high-tech crimes and other law violations using high technology.

3. Guide relevant agencies and units to implement preventive and suppressive measures against high-tech crimes and other law violations using high technology.

4. Provide information, propaganda, and education on laws to prevent and combat high-tech crimes and other law violations using high technology.

Article 9. Individuals participating in preventing criminal offenses and other violations of law using high technology

1. Participate in activities to prevent criminal offenses and other violations of law using high technology.

2. Protect passwords, password locks, databases, personal information, account information, and high-tech equipment systems.

3. Timely detect and report criminal offenses and other violations of law using high technology to the police agency or the nearest local authority; closely cooperate with specialized agencies during the process of verifying and clarifying criminal offenses and other violations of law using high technology, providing necessary information and documents related to such offenses when requested according to the provisions of the law.

Article 10. Agencies, organizations, enterprises participating in preventing criminal offenses and other violations of law using high technology

1. Implement the provisions of the law on preventing and combating criminal offenses and other violations of law using high technology.

2. Comply with the legal provisions regarding the retention period for preserving, storing, and providing electronic information and data to serve the work of preventing and combating criminal offenses and other violations of law using high technology.

3. Provide information, documents, data, and objects related to criminal offenses and other violations of law using high technology to specialized agencies when required under Point c, d, đ Clause 1 Article 14 of this Decree.

4. Closely cooperate with specialized agencies and competent state agencies in detecting, preventing, and stopping criminal offenses and other violations of law using high technology.

Article 11. Mass media agencies participating in preventing criminal offenses and other violations of law using high technology

1. Promptly and accurately disseminate policies, laws on preventing and combating criminal offenses and other violations of law using high technology; reflect the situation and results of the work of preventing and combating criminal offenses and other violations of law using high technology; highlight exemplary models and effective models in preventing and combating criminal offenses and other violations of law using high technology.

2. Integrate content on preventing and combating criminal offenses and other violations of law using high technology into other information and propaganda programs.

Chapter III
DETECTION AND HANDLING OF CRIMINAL OFFENSES AND OTHER VIOLATIONS OF LAW
USING HIGH TECHNOLOGY

Article 12. Reporting criminal offenses and other violations of law using high technology

1. Individuals have the responsibility to report criminal offenses and other violations of law using high technology to the police agency, People's Committee of communes, wards, towns, or any agency or organization.

2. Agencies and organizations, upon discovering or receiving reports about criminal offenses and other violations of law using high technology, have the responsibility to handle according to their authority or immediately notify the Investigation Agency, specialized agency as prescribed by law.

Article 13. Detection and handling of criminal offenses and other violations of law using high technology through inspection and examination activities

1. Agencies, organizations, enterprises have the responsibility to regularly self-inspect the performance of their functions and tasks; if they discover criminal offenses or other violations of law using high technology, they must handle according to their authority or recommend handling according to the provisions of the law.

2. Specialized inspection agencies, specialized agencies through inspection activities proactively detect, handle, or recommend handling of criminal offenses and other violations of law using high technology.

3. In cases where necessary, specialized inspection agencies may request specialized agencies to cooperate in conducting inspections and handling violations against agencies, organizations, enterprises, and individuals to prevent criminal offenses and other violations of law using high technology.

Article 14. Measures for organizing and combating high-tech crimes and other law violations using advanced technology by specialized agencies

1. When signs of law violations are detected, the specialized agency may take the following measures:

a) Apply investigative measures as prescribed by law to collect information, documents, verify, and clarify high-tech crimes and other law violations using advanced technology;

b) Use technical investigative means to inspect, monitor, detect, collect, recover, and analyze information, documents, and electronic data to serve the discovery, investigation, and handling of high-tech crimes and other law violations using advanced technology;

c) Request individuals, agencies, and organizations to provide information, documents, objects, and means related to high-tech crimes and other law violations using advanced technology;

d) Request banks and credit institutions to provide information and documents about account activities and other information and documents to serve the work of discovering, investigating, and handling high-tech crimes and other law violations using advanced technology as prescribed by law;

đ) Request telecommunications enterprises and Internet service providers to arrange premises, connection ports, and necessary technical conditions for the specialized agency to deploy technical means and measures for inspection, monitoring, and collecting electronic data; request telecommunications enterprises, information technology enterprises, and information technology application enterprises to provide information and documents about subscriber activities and other information and documents to serve the work of discovering, investigating, and handling high-tech crimes and other law violations using advanced technology;

e) Directly or coordinate with competent state agencies to request Internet service providers and telecommunications enterprises to block and suspend access to systems, networks, services usage, and provision;

g) Perform other tasks and powers as prescribed by law.

2. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Justice to provide specific guidance on the signs of law violations stipulated in Clause 1 of this Article.

Article 15. Handling high-tech crimes and other law violations using advanced technology

A person who commits a criminal act or other law violations using advanced technology shall be criminally prosecuted or administratively handled depending on the nature and degree of violation; if damage is caused, compensation must be provided according to the provisions of the law.

Chapter IV
INTERNATIONAL COOPERATION IN PREVENTING AND COMBATING CRIMES AND
OTHER LAW VIOLATIONS USING ADVANCED TECHNOLOGY

Article 16. Contents of international cooperation in preventing and combating high-tech crimes and other law violations using advanced technology

1. Propose signing and joining international treaties on extradition for high-tech crimes; implement the acceptance of extradition requests and organize the execution of extradition decisions for high-tech crimes; coordinate to carry out mutual legal assistance activities in criminal matters for preventing and combating high-tech crimes and other law violations using advanced technology.

2. Sign and organize the implementation of international treaties and agreements in the field of information exchange and preventing and combating high-tech crimes and other law violations using advanced technology.

3. Coordinate to discover, prevent, and investigate and handle high-tech crimes and other law violations using advanced technology as prescribed by law and international treaties to which the Socialist Republic of Vietnam is a member.

4. Coordinate to implement investigative requests related to the field of using advanced technology based on the principle of reciprocity with other countries.

5. Collect, study, and exchange information and experience in preventing and combating high-tech crimes and other law violations using advanced technology.

6. Coordinate training, capacity building, and professional instruction in preventing and combating high-tech crimes and other law violations using advanced technology.

7. Organize conferences and seminars on issues related to preventing and combating high-tech crimes and other law violations using advanced technology.

8. Carry out mutual legal assistance and extradition in the investigation, prosecution, trial, and enforcement of sentences for high-tech crimes.

9. Provide material, technical, and technological support, and enhance the capacity of specialized agencies in preventing and combating high-tech crimes and other law violations using advanced technology.

Article 17. Refusal of International Cooperation

The agencies assigned the task of preventing and combating high-tech crimes and other law violations have the right to refuse cooperation requests when such requests contain content that harms sovereignty, national security, state interests, or are not in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter V
RESPONSIBILITIES OF MINISTRIES, SECTORS AND LOCAL AUTHORITIES IN PREVENTING AND COMBATING CRIMES AND OTHER LAW VIOLATIONS USING HIGH TECHNOLOGY
IN THE PREVENTION AND SUPPRESSION OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY
INVOLVING HIGH TECHNOLOGY

Article 18. Responsibilities of the Ministry of Public Security

1. To take the lead and coordinate with relevant ministries and sectors to assist the Government in organizing the implementation and monitoring, directing, and guiding work on preventing and combating high-tech crimes and other law violations.

2. To organize and direct specialized agencies within the People's Public Security to carry out tasks related to preventing and combating high-tech crimes and other law violations.

3. To direct the implementation of administrative management for security and order, and coordinate inspections and handling of violations by agencies, organizations, enterprises, and individuals who violate laws using high technology.

4. To implement international cooperation in preventing and combating high-tech crimes and other law violations; to propose the signing of international treaties and actively sign international agreements on preventing and combating high-tech crimes and other law violations.

5. To provide specific guidance on the implementation of organizational measures and combat against high-tech crimes and other law violations by specialized agencies; to take the lead 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 other relevant ministries and sectors to provide detailed guidance on implementing contents related to preventing and combating high-tech crimes and other law violations.

Article 19. Responsibilities of the Ministry of National Defense

To organize the implementation of preventive, investigative, and handling work on high-tech crimes and other law violations; to direct specialized agencies within the People's Army to carry out preventive, investigative, and handling work on high-tech crimes and other law violations within their jurisdictional areas.

Article 20. Responsibilities of the Ministry of Information and Communications

1. To direct mass media agencies to publicize and disseminate policies, laws on preventing and combating high-tech crimes and other law violations.

2. To take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to organize the implementation of preventive, detection, and handling measures for high-tech law violations according to their assigned functions and tasks.

3. To take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense in exchanging information, conducting inspections, and handling high-tech law violations.

4. To take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to guide telecommunications enterprises and Internet service providers to arrange premises, connection ports, and necessary technical conditions for specialized agencies to deploy means and measures to perform tasks related to preventing and combating high-tech crimes and other law violations; to provide detailed guidance on the responsibilities of telecommunications and information technology enterprises in preserving, storing, and providing electronic information and data about users of high-tech services to support work on preventing and combating high-tech crimes and other law violations; to guide the mobilization of scientific and technological potential of telecommunications and information technology enterprises in accordance with the law to serve work on preventing and combating high-tech crimes and other law violations.

Article 21. Responsibilities of the Ministry of Industry and Trade

1. To take the lead and coordinate with the Ministry of Public Security and other relevant ministries and sectors to organize crime prevention and combat, inspection, examination, and administrative violation handling related to e-commerce within their assigned functions and tasks.

2. To develop programs to raise public awareness about ensuring safety when participating in e-commerce activities.

Article 22. Responsibilities of the State Bank of Vietnam

To coordinate with the Ministry of Public Security to guide the provision of information and materials related to the accounts of organizations and individuals suspected of violating the law for the purpose of serving crime prevention and combating other violations of law that utilize high technology in banking transactions.

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

To take the lead and coordinate with the Ministry of Public Security in exchanging information and organizing inspection, examination, and handling of violations of the law utilizing high technology within their assigned functions and tasks.

Article 24. Responsibilities of the Ministry of Science and Technology

To take the lead and coordinate with the Ministry of Public Security, the Ministry of Defense, and the Ministry of Information and Communications in researching science and developing technology, applying scientific and technological progress to manufacture equipment, build solutions, and systems to prevent and combat high-tech crimes.

Article 25. Responsibilities of Ministries, ministerial-level agencies, and government agencies

1. To guide and inspect units under their management to implement the provisions of this Decree.

2. Within their authority and responsibilities, promptly coordinate and support specialized agencies in preventing and combating high-tech crimes and other violations of the law utilizing high technology.

3. To coordinate, support, and fulfill requests from authorized agencies of the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court in investigative, prosecution, and trial activities concerning high-tech crimes.

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

1. To direct and guide subordinate agencies to implement this Decree according to their assigned functions and tasks.

2. To coordinate with competent state agencies to implement and urge the implementation of policies, guidelines, strategies, and plans to prevent and combat high-tech crimes and other violations of the law utilizing high technology.

3. To balance and allocate local funds for crime prevention and combating high-tech crimes and other violations of the law utilizing high technology.

Chapter VI
IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from May 22, 2014.

Article 28. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.