Status regarding Budapest Convention
See legal profileCybercrime policies/strategies
Further to the “Digital Information Security Development Project to 2020”, the Prime Minister's Decision No. 898 of May 27, 2016 ratifying the “Network Information Security Plan 2016-2020” provides for more specific tasks to be achieved during the period 2016-2020.
The new guidelines that have been emphasized revolve primarily around the following areas: reinforcement of the cooperation with the private sector and the role of Vietnamese companies in the domestic information security market; and enhancement of critical information systems security and cyber resilience capacity.
Cybercrime legislation
Substantive law
The Criminal Code of 2015 (enacted in 2018) contains substantive law provisions, addressing the offences of illegal access, system interference, misuse of devices and computer fraud.
On 12 June 2018, Vietnam’s National Assembly passed the Law on Cybersecurity, in effect on January 1, 2019; the law introduces several additional offences.
Procedural law
The Criminal Procedure Code of 2015 contains very limited set of powers relevant for electronic evidence, in particular general reference to preservation, production and interception, and more detailed rules on search and seizure.
Related laws and regulations
Specialised institutions
A dedicated cybercrime unit was created by the Ministry of Public Security in 2004, under the Economic Police Department.
VNCERT – Vietnam Computer Emergency Response Team.
The Ministry of Information and Communication (MIC) are responsible for national cyber security and cybercrime policy.
International cooperation
Competent authorities and channels
Member of the ITU-IMPACT. Not a Party to the Budapest Convention.
Jurisprudence/case law
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.