Vietnam introduced the Draft Decree on Sanctions against Administrative Violations in Cybersecurity

Vietnam introduced the Draft Decree on Sanctions against Administrative Violations in Cybersecurity, Sanctions against Administrative Violations in Cybersecurity, The Draft Decree on Sanctions against Administrative Violations in Cybersecurity, Administrative sanctions to cybersecurity threats

Vietnam introduced the Draft Decree on Sanctions against Administrative Violations in Cybersecurity

To tighten the security against hackers and other forms of violations of cybersecurity, on 20 September 2021, the Vietnamese Ministry of Public Security has recently released the Draft Decree on Sanctions against Administrative Violations in Cybersecurity for public consultation.

This draft decree is the latest effort of the Vietnamese Ministry of Public Security to fight against online threats in Vietnam. Following the principle regulations of the Cybersecurity Law 2018, this is the third-largest draft instrument issued in recent years. Before this draft decree, there has been a separate draft decree expanding on, among others, the Cybersecurity Law’s data localization requirement released in 2019, and the draft Decree on Personal Data Protection at the beginning of 2021. 

 If coming into force with the current wordings, the Draft Decree will invalidate several provisions on administrative sanctions in the field of postal services, telecommunications, radio frequencies, information technology, and electronic transactions under the existing Decree 15/2020/ND-CP.

The Draft Decree on Sanctions against Administrative Violations in Cybersecurity

The layout of the draft Decree includes 04 chapters and 51 articles. The Draft Decree covers regulations on administrative violations, sanctioning forms, sanctioning levels, remedial measures, authority to make records, and authority to impose penalties for administrative violations in the field of cybersecurity.

Other administrative violations related to cybersecurity that are not specified in this Decree shall apply the provisions of other Government Decrees on sanctioning of administrative violations in the related field of state management. Penalized subjects are Vietnamese organizations and individuals and foreign organizations and individuals that commit administrative violations specified in this Decree.

Accordingly, the statute of limitations for sanctioning administrative violations in the field of cybersecurity is 01 year.

In the cases of administrative violations in the production, trading, import, supply, exploitation, and export of cybersecurity products and services, the statute of limitations for sanctioning administrative violations is 2 years.

For each administrative violation in the field of cyber security, organizations and individuals must undergo the main form of sanction, which is a warning or a fine. Depending on the nature and seriousness of their violations, organizations and individuals that commit administrative violations will also be subject to one or more additional sanctioning forms such as: 

  • Deprivation of the right to use permits, certificates, or practice certificates with a definite term or suspend operations for a definite time; 
  • Confiscate exhibits, means, and documents of administrative violations;
  • Forbidden to practice or do work related to violations in the field of cybersecurity.

The full text of the draft Decree will be posted on the website of the Ministry of Public Security for comments and suggestions within 2 months from the date of publication, i.e. from 20 September 2021 to 18 November 2021.

Administrative sanctions to cybersecurity threats

The Draft stipulates a fine ranging from VND 40,000,000 to VND 60,000,000 for one of the following acts: 

  • Making and spreading false information, causing confusion among the people, affecting the public legitimate rights and interests of other organizations and individuals; 
  • Making and spreading information with content that destroys the nation’s fine customs and traditions, social ethics, and the health of the community; 
  • Making and distributing information with contents that incite, entice, encourage others to commit crimes…

In addition, a fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the following acts: 

  • Using cyberspace to incite terrorist activities or threaten terrorism;
  • Intentionally sharing, commenting to promote propaganda information of terrorist organizations and individuals in cyberspace.

A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following acts: 

  • Support the use of cyberspace for the purpose of supporting, sponsoring, or mobilizing others to support or sponsor terrorist organizations and individuals.
  • Delaying, obstructing, or failing to take measures at the request of functional forces in the prevention and combat of cyber-terrorism…

*** Other Articles***

– You could visit here to see the Trademark Registration in Vietnam.

– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.

– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.

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