Crime of Using Computer Networks, Telecommunications Networks, or Electronic Means to Misappropriate Property
1. Any person who uses a computer network, telecommunications network, or electronic means to commit any of the following acts, if not falling under the circumstances specified in Articles 173 and 174 of the Penal Code 2015, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Using information relating to bank accounts or bank cards of agencies, organizations, or individuals to appropriate property of account holders or cardholders, or to pay for goods and services;
b) Producing, storing, trading, using, or circulating counterfeit bank cards with the intent of appropriating property of account holders or cardholders, or paying for goods and services;
c) Illegally accessing accounts of agencies, organizations, or individuals with the intent to appropriate property;
d) Committing fraud in e-commerce, electronic payment, monetary business, capital mobilization, multi-level marketing, or online securities trading with the intent to appropriate property;
đ) Illegally establishing or providing telecommunication or internet services with the intent to appropriate property.
2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 02 years to 07 years:
a) Committed in an organized manner;
b) Committed two or more times;
c) Of a professional nature;
d) Involving from 50 to under 200 counterfeit cards;
đ) Appropriating property valued from VND 50,000,000 to under VND 200,000,000;
e) Causing damage valued from VND 50,000,000 to under VND 300,000,000;
g) Dangerous recidivism.
3. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 07 years to 15 years:
a) Appropriating property valued from VND 200,000,000 to under VND 500,000,000;
b) Causing damage valued from VND 300,000,000 to under VND 500,000,000;
c) Involving from 200 to under 500 counterfeit cards.
4. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 12 years to 20 years:
a) Appropriating property valued at VND 500,000,000 or more;
b) Causing damage valued at VND 500,000,000 or more;
c) Involving 500 counterfeit cards or more.
5. The offender may also be subject to a fine ranging from VND 20,000,000 to VND 100,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, prohibition from performing certain jobs for a period of 01 year to 05 years, or confiscation of part or all of their property.
Legal Basis: Article 290 of the Penal Code 2015.
