Decree 25/2014/nd-Cp: Regulations On Prevention Of Crime And Other Illegal Use Of High Technology

Original Language Title: Nghị định 25/2014/NĐ-CP: Quy định về phòng, chống tội phạm và vi phạm pháp luật khác có sử dụng công nghệ cao

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THE GOVERNMENT.
Number: 25 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 7, 2014

DECREE

Q I want to go back to the room, fight crime and breach.

Other laws are using high technology.

_____________

Government Law Base December 25, 2001;

The Criminal Code base on December 21, 1999; The Amendment Law, which complements some of the provisions of the Criminal Code June 19, 2009;

The People's Public Security Council November 29, 2005;

The Information Technology Law Base June 29, 2006;

High Tech Law Base November 13, 2008;

The Telecommunications Law Base November 23, 2009;

The Administrative Administrative Processing Law on June 20, 2012;

At the suggestion of the Minister of Public Security,

The government issued a regulation of regulation of defense, anti-crime and other violations of the use of high technology.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the prevention of prevention, detection, criminal processing and other violations of law that use high technology; international cooperation in the chamber, anti-crime and other violation of other laws using high technology; the responsibility of the agency, the organization, and the organization. In office, businesses and individuals in the chamber, anti-crime and other violations of law are using high technology.

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

What? 2. Subject applies

The decree applies to cadres, defence agencies, anti-crime agencies and other violations of the law, which employ high technology; agencies, organizations, Vietnamese citizens; agencies, organizations, foreign individuals, active international organizations, and residents. on the territory of Vietnam.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Crime that uses high technology is dangerous behavior for society to be regulated in the Code of Criminal Code using high technology.

2. Other laws that use high technology are a violation of the law that uses high technology but not yet to the level of criminal liability access.

3. The Agency for Defence, Anti-Crime and Other Violation Of Law Enforcement use of the high technology are the military units in the People 's Public Security, the People' s Army assigned to the task in charge of the staff, the organization, directly carrying out combat duty. In case, anti-crime and violation of other laws are using high technology.

What? 4. Principles of room, anti-crime and other violation of other law using high technology

1. Make sure the right condition, sequence, procedure, form, jurisdiction pursuits to the rule of law and in accordance with the international treaty that the Socialist Republic of Vietnam is a member.

2. Permanent, continuous, prevention is the main; active, timely detection, prevention of all violations.

3. Respect, protect the legal rights and interests of the agency, organization and the individual.

4. Agency, organization, individual damages due to the law's illegal behavior, the organization has jurisdiction in the prevention of crime and violation of other laws that use high technology to be compensated under the rule of law.

What? 5. State policy on defense, anti-crime and other violation of other laws that use high technology to use it.

1. Head of equipment equipment, modern dedicated technical means and potential mobiles of technology science to the Agency for the execution of defense, anti-crime and other violation of other laws using high technology.

2. The priority of hiring cadres, which attract good experts in information technology, telecommunications to serve room work, fight crime and other violations of other laws that employ high technology; training, fostering, training for the team of experts in charge of raising money. Career degrees, law, foreign language, knowledge and skills use vehicles, high-tech equipment, qualified people for political, ethical, academic, and fostering training facilities in and out of the room. Anti-crime and other violations of law have high technology.

3. Make sure the funding serves room, anti-crime and other violation of other laws using high technology from the following sources:

a) The state budget by the devolve of state budget management regulations;

b) The funding, contribution of the agencies, organizations, individuals within and abroad according to the rule of law;

c) Other funding by law.

The planning, acceptance, and funding decision guarantees room work, anti-crime and other violation of other laws using high technology from the state budget implemented by the provisions of the State Budget Law.

Chapter II

PREVENTION OF CRIME AND OTHER VIOLATION OF LAW

IT ' S USING HIGH TECHNOLOGY.

What? 6. Information, propaganda, room education, anti-crime and other violation of other law is using high technology.

1. Information content, propaganda, education including:

a) Policy, prevention, anti-crime and other laws of law use high technology;

b) Position, role, importance of defense, anti-crime and violation of other laws using high technology in safeguarding and keeping security, order;

c) The method, the capital and the risk, the harm of crime and other violations of law is using high technology;

d) Knowledge, self-defense skills, against the risk of crime and other violations of other laws using high technology; applied skills when attacked, unauthorized infiltration of information systems, databases;

Measure, room experience, anti-crime and other violations of other laws using high technology;

e) The responsibility of the individual, the agency, the organization, the business in the room, the anti-crime and other violations of the law is using high technology;

g) Other content is related to the chamber, anti-crime and other violations of other laws using high technology.

2. Form of information, propaganda, education:

a) Meeting, exchange, dialogue, direct discussion;

b) Through the means of mass information;

c) Through operations at educational institutions, training;

d) Through law enforcement competitions, community life;

Other forms are consistent with the rule of law.

3. Information, propagation, education needs to be enhanced on businesses that provide infrastructure and Internet services, telecommunications; businesses that operate in the financial sector, banking, electronic payments and e-commerce; the youth class, adoleschronology, students, students in the public school and educational institutions, other training in relation to high technology; associations, clubs in the high-tech sector, and sites that occur in many cases of violation of the law. It ' s using high technology.

What? 7. Administrative management of security, order.

1. The Agency performs administrative management functions on security, order through its operations which is responsible for the active responsibility of timely detection of the cause, conditions, methods, activities of criminal activity of crime and other violations of the law. You know, you know, you know, you know, you know,

2. Other criminal precautions and violations of other laws are using high technology through administrative management of security, order, including:

a) Human Rights Watch, passport through residence management work, permanent personnel examination, temporary shelter, shelter, temporary on the site;

b) Management of records, cloaking, ID, defense, anti-crime and other violations of the use of high technology;

c) Immigration management, background, transit;

d) Administrative administration measures of security, other order by law.

What? 8. The Agency ' s Prevention Activity

1. Organization, implementation of the statutory measures by law to gather information, documents on the relevant situation at the sites, the field in charge of serving the prevention, prevention of crime and violation of other laws that use the use of the law. High tech.

2. General, analysis, assessment, predicate of the situation, proposals for advocates, defence, anti-crime, and other violation of other laws using high technology.

3. Guide to the agencies, units that are involved in implementing prevarable measures, preventing crime and other violations of other laws using high technology.

4. Information, propaganda, law education, anti-crime and other violation of other laws using high technology.

What? 9. Individuals who participate in prevention of crime and other violations of law are using high technology.

1. Participate in criminal prevention and other law violations using high technology.

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

3. Detout, timely time of crime and other violations of the law have used high technology with the nearest public office or government; in close coordination with the Agency in the process of verification of criminal justice and violation of other laws. has the use of high technology, providing information, documents that are relevant to the Agency in charge of being required under the rule of law.

What? 10. Agency, organization, business participation in prevention of crime and other violations of law have the use of high-tech technology.

1. Make the regulation of the law on the chamber, anti-crime and other violation of other laws using high technology.

2. Accept the rule of law on the time of preservation, storage, information provision, electronic data serving room work, anti-crime and other violation of other laws using high technology.

3. Provide information, documents, metrics, data, items related to crime and other violations of law that use high technology for the Agency in charge of statutory requirements at Point c, d, clause 1 Article 14 of this decree.

4. Coordinated closely with the Agency, the state authorities have jurisdiction in the detection, prevention, crime prevention and other violation of other laws using high technology.

What? 11. The mass information agency involved in the prevention of crime and other violations of law is using high technology.

1. In the timely, precise, policy, policy, prevention, prevention and violation of other laws using high technology; reflecting on the situation, the outcome of defense, anti-crime and other violations of the law. The example of advanced examples, the pattern of efficiency in the room, against crime and other violations of the law, is using high technology.

2. The room for internal defense, anti-crime and other law violations have high technology with other information programs, other propaganda.

Chapter III

DETECTION, CRIMINAL PROCESSING AND OTHER VIOLATION OF LAW

IT ' S USING HIGH TECHNOLOGY.

What? 12. The prosecution, the news of crime and other violations of law is using high-tech technology.

1. Individuals are responsible for denouncing crime and other violations of law that are using high technology with the Public Security Agency, the Social People ' s Committee, the ward, the town or with any agency, the organization.

2. The Agency, which organizes when detection or receiving of the whistled, believes in crime and other violations of law with a high technology that is responsible for handling by jurisdiction or notification right to the Agency for the Census, the Agency prescribed by law. the law.

What? 13. Detoffing, criminal processing and other law violations have a high technology use through inspection operation, inspection and testing.

1. Agency, organization, business with a permanent responsibility to examine the implementation of the function, its mandate; the case of crime detection, or other laws of law that use high technology, should be handled by jurisdiction or petition of the law. The rules of law.

2. The specialized inspection agency, the Agency for the Agency, through active inspection activities, handles, or petitions of criminal justice and violation of other laws using high technology.

3. In case of need, the specialist inspection agency recommended the Coordination Agency to co-ordinate the inspection, which handles violations of the agencies, organizations, businesses, individuals aimed at prevention of crime and other violations of the law that use the public. A tall one

What? 14. Organizational Measures, anti-crime and other law violations have the use of high technology by the Agency in charge.

1. When the sign of a violation of the law, the Agency is in charge of the following measures:

a) Apply business measures by the rule of law to gather information, documents, verification, clarify crimes and other violations of other laws that employ high technology;

b) Use of the technical means of testing, monitoring, detection, gathering, recovery, and analysis of information, materials, electronic data serving detection, investigation, criminal processing and other violations of law using high technology;

c) Personal requirements, agencies, organizations that provide information, materials, objects, vehicles related to crime and other violations of the law are using high technology;

d) The bank request, the credit organization providing information, documentation of the operation of the account and information, other documents that serve the discovery, investigation, disposal of crime and other violations of the law, have the use of high technology under the rule of law;

Requiring telecommunications businesses, businesses to provide an Internet-based layout Internet service, connection portal, technical conditions needed to specialize in the Agency to deploy vehicles, test techniques, surveillance, data collection, data collection, and analytics. Electronics; demand for telecommunications business, business of information technology, enterprise application technology, information technology applications, documentation of the employer's activities and information, other documentation that serves the discovery, investigation, criminal treatment, and information. And other laws of law have high technology.

e) Direct or in coordination with the state agency with the authority to require businesses to provide Internet services, telecom businesses to prevent, suspend access to the device system, network, use and provide services;

g) Perform other duties, other powers according to the rule of law.

2. The Ministry of Public Security, in collaboration with the Ministry of Justice specifically instructs the sign of the law of regulation at Clause 1 Article.

What? 15. Crime processing and other violation of law have high tech use.

A person who performs a crime or other violation of law that uses high technology is subject to the nature, level of violation that is subject to criminal liability or administrative treatment; if damage is caused, compensated by law.

Chapter IV

INTERNATIONAL COOPERATION ON PREVENTION, CRIME AND CRIME

OTHER VIOLATIONS OF LAW USE HIGH TECHNOLOGY.

What? 16. International cooperation in defense, anti-crime and other violation of other laws using high tech

1. Proposal for the signing, accession to the international convention on extradition to high-tech use of technology; implementing the reception of extradition request and the organization to enforce extradition decisions on the crime of using high technology; co-ordination of carrying out activities. It ' s about criminal justice in terms of prevention, anti-crime struggle, and other violations of other laws that use high technology.

2. Signs and organizations implement international treaties, international agreements in the field of exchange of information and prevention, anti-crime and other violations of other laws using high technology.

3. Coordination of discovery, prevention and investigation, criminal treatment and other violation of law have a high technology use under the rule of law and international treaties that the Socialist Republic of Vietnam is a member.

4. Coordinate the implementation of the requirements for criminal investigation in relation to the field of high-tech use in principle that goes back to the countries.

5. Gather, study, exchange information, room experience, anti-crime and other violation of other laws using high technology.

6. Coordinate training, fostering, training in defense, anti-crime and other violation of other laws.

7. Meeting of the conference, seminars on matters related to the chamber, anti-crime and other violations of other laws using high technology.

8. Do the same judicial assistance, extradition in the investigation, prosecution, trial, and enforcement of the crime against high-tech use.

9. Support for facilities, engineering, technology, increased capacity for the Agency for Defense Specialization, Anti-Crime and Other Violation Of Law use high technology.

What? 17. deny international cooperation

The agency tasked with defense, anti-crime and other law violations using high technology and agencies, the relevant organization of Vietnam has the right to refuse to request cooperation when those requirements have a detrimental content to the sovereignty, security, and security. The state, the interests of the State, or whose content does not conform to the regulation of Vietnamese law and the international treaties that the Socialist Republic of Vietnam is a member.

Chapter V.

RESPONSIBILITY FOR MINISTRIES, INDUSTRY AND LOCAL

IN THE ROOM, ANTI-CRIME AND BREACH

OTHER LEGISLATION USES HIGH TECHNOLOGY.

What? 18. Ministry of Public Security

1. Host, in collaboration with the ministries, the relevant sector helps the Government to organize and monitor, direct, instruct the defense, fight crime and other violations of other laws using high technology.

2. The organization, the director of the Agency in Public Security, performs anti-crime, anti-crime and other violations of the use of technology.

3. The director does the administrative management of security, order and coordination, which handles violations of the agency, organization, business, and individual violation of the law.

4. Do international cooperation on the chamber, anti-crime and other violation of other laws that use high technology; propose the signing of international treaties, actively signing international agreements on the chamber, anti-crime and other violations of other laws that use the public to do so. A tall one

5. Specific guidelines for the implementation of organizational measures, anti-crime and other violation of law enforcement to use the high technology of the Agency in charge; presiding, coordination with ministries: Information and Media, Culture, Sports and Tourism, Industry and Technology. Commerce, Science and Technology, State Bank of Vietnam and ministries, the industry is concerned with detailed guidelines of the implementation of relevant content, anti-crime and other violations of the law.

What? 19. Defense Department Responsibility

The organization performs prevention, investigation, criminal treatment, and other violation of law that uses high technology; directed the Agency in the People's Army performing prevarable work, investigation, criminal treatment, and other violation of law. They ' re using high technology within the field, the place of management.

What? 20. The responsibility of the Ministry of Information and Communications

1. Instructs mass news agencies to propagate, disseminism, policy, law, prevention, and other violations of other laws using high technology.

2. Host, in collaboration with the Ministry of Public Security, the Ministry of Defense organized the implementation of prevarable measures, detection, disposal of violation of laws that use high technology in the function, the mission is delivered.

3. Host, in collaboration with the Ministry of Public Security, the Ministry of Defense in exchange of information, conduct inspection, inspection, handling of the violations of the law using high technology.

4. Host, in collaboration with the Ministry of Public Security, the Ministry of Defense instructs telecom enterprises, businesses to provide face-to-face Internet services, connection gates and technical conditions needed to the Agency to specialize in deploying vehicles, measures and services. Law enforcement, anti-crime and other law enforcement, use of high technology; detailed instructions on the responsibility of telecommunications business, information technology in the preservation, storage, information supply, electronic data, and information. about the person who uses high-tech services serving room work, anti-crime and other law violations using high technology; instruct directions to the public. mobilized the technological scientific potential of telecommunications enterprises, information technology under the rule of law to serve room work, anti-crime and other violations of other laws using high technology.

What? 21. Ministry of Commerce

1. Host, in coordination with the Ministry of Public Security and ministries, the related industry, anti-crime and inspection, inspection, handling of the administrative breach of e-commerce within the functional range, the mission is delivered.

2. Build propaganda programs, raise community awareness of safety guarantees when engaging in e-commerce activities.

What? 22. Vietnam State Bank Responsibility

In collaboration with the Ministry of Public Security to provide information, documentation related to the organization's account activities, individuals have signs of violation of the law to serve room work, anti-crime and other violation of law using the use of technology. high in the bank's payment operation.

What? 23. The responsibility of the Ministry of Culture, Sports and Tourism

The presiding officer, in coordination with the Ministry of Public Security in exchange of information, organizes the inspection, inspection, handling of violations of the law, which uses high technology according to the function, duty, authority to be delivered.

What? 24. The responsibility of the Ministry of Science and Technology

Chaired by, in collaboration with the Ministry of Public Security, the Ministry of Defense, Ministry of Information and Communications in the study of science and technology development, the application of scientific progress and technology to fabricate equipment, construction of solutions, defense systems, anti-criminal use. High tech.

What? 25. The responsibility of the ministries, peer agency, government agency

1. Guide, check out the units of your management to implement the regulations at this Decree.

2. Within the range of powers, responsibilities of its own, in time of coordination, in support of the Agency in charge in the chamber, anti-crime and other violation of other laws using high technology.

3. Coordinate, support and implement the requirements of the competent authorities of the Ministry of Public Security, the Supreme People 's Control Institute, the Supreme People' s Court in the operation of investigation, prosecution and criminal trial of high-tech use.

What? 26. The responsibility of the People ' s Commission

1. Directed by, instructs the organization's subordinated bodies to implement this Protocol in accordance with the function, the mission is delivered.

2. Coordinate with state agencies with the authority to deploy and the governor to implement policies, roads, strategies, defence plans, anti-crime and other violations of other laws using high technology.

3. Balance, allocation of local funding for defense, anti-crime and other violation of other laws using high technology.

Chapter VI

EXECUTION CLAUSE

What? 27.

This decree has been in effect since 22 May 2014.

What? 28.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung