Resolution 08/2021/NQ-UBTVQH15 on explanation for Clause 1 Article 289 of the Penal Code

RESOLUTION

On explanation for Clause 1 Article 289 of the Penal Code

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THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, which is amended and supplemented by the Law No. 65/2020/QH14;

Pursuant to the Law on Promulgation of Legal Documents No. 80/2015/QH13, which is amended and supplemented by the Law No. 63/2020/QH14;

Pursuant to the Penal Code No. 100/2015/QH13, which is amended and supplemented by the Law No. 12/2017/QH14;

RESOLVES:

Article 1.  To explain for Clause 1 Article 289 of the Penal Code No. 100/2015/QH13, which is amended and supplemented by the Law No. 12/2017/QH14

The act of intentionally bypasses warnings, passcodes or firewalls, uses the administration right of another person, or use another method to illegally access a computer network or telecommunications network, or an electronic device of another person to hack data, which is mentioned in Clause 1, Article 289 of the Penal Code shall be construed as including the act of intentionally bypasses warnings, passcodes or firewalls, uses the administration right of another person or use another method to illegally access a computer network or telecommunications network, or an electronic device of another person to appropriate data that containing business secrets, including listening, reading, taking notes, taking pictures, recording audio, recording data containing business secrets.

Article 2. Organization of implementation

The Government, the Supreme People’s Court and the Supreme People’s Procuracy within the ambit of their functions, tasks and powers shall be responsible for the implementation of this Resolution.

Article 3. Effect

1. This Resolution takes effect on January 14, 2022.

2. This Resolution shall be applied simultaneously with the Penal Code No. 100/2015/QH13, which is amended and supplemented by the Law No. 12/2017/QH14.

ON BEHALF OF THE NATIONAL
ASSEMBLY STANDING
COMMITTEE
THE CHAIRMAN

Vuong Dinh Hue