Chương 1 Nghị định 25/2014/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes activities of preventing, detecting and handling crimes and other law violations involving high technology; international cooperation on the prevention and combat of crimes and other law violations involving high technology; and responsibilities of agencies, organizations, enterprises and individuals in the prevention and combat of crimes and other law violations involving high technology.

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

Article 2. Subjects of application

This Decree applies to officers and agencies specialized in the prevention and combat of crimes and other law violations involving high technology; Vietnamese agencies, organizations and individuals; foreign agencies, organizations and individuals and international organizations currently operating or residing in the Vietnamese territory.

Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Crime involving high technology means a socially dangerous act prescribed in the Penal Code and involving the use of high technology.

2. Other law violations involving high technology means illegal acts that involve the use of high technology but are not serious enough for penal liability examination.

3. Agencies specialized in the prevention and combat of crimes and other law violations involving high technology are professional agencies in the People’s Public Security force and the People’s Army that are assigned to advise on, organize, and directly participate in, the performance of the tasks of preventing and combating crimes and other law violations involving high technology (referred to as specialized agencies for short).

Article 4. Principles of prevention and combat of crimes and law violations involving high technology

1. Strictly complying with the conditions, order, procedures, form and competence prescribed by law and conforming with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Being carried out in a regular and continuous basis, regarding prevention as the primary objective; proactively and promptly detecting, preventing and strictly handling all violations.

3. Respecting and protecting the lawful rights and interests of agencies, organizations and individuals.

4. Agencies, organizations and individuals that suffer damage caused by illegal acts of competent agencies or organizations in the prevention and combat of crimes and other law violations involving high technology shall be compensated in accordance with law.

Article 5. State policies on the prevention and combat of crimes and law violations involving high technology

1. To invest special-use modem technical equipment and facilities and mobilize scientific and technological potential for specialized agencies to fulfill the tasks of preventing and combating crimes and other law violations involving high technology.

2. To prioritize the selection of officers and attract specialists excellent at information and telecommunications technologies to serve the prevention and combat of crimes and other law violations involving high technology; to provide training and retraining for specialized officers to improve their professional qualifications, legal knowledge, foreign language, knowledge about and skills of using hi-tech means and equipment; to appoint officers who satisfy criteria of political and moral qualities and professional qualifications for domestic and overseas training in the prevention and combat of crimes and other law violations involving high technology.

3. To ensure funds for the prevention and combat of crimes and other law violations involving high technology from the following sources:

a/ The state budget according to the state budget management decentralization under current regulations;

b/ Financial assistance and contributions from agencies, organizations and individuals at home and abroad in accordance with law;

c/ Other funding sources as prescribed by law.

The estimation, use and settlement of state budget funds for the prevention and combat of crimes and other law violations involving high technology must comply with the Law on the State Budget.