Chương 3 Nghị định 25/2014/NĐ-CP: Phát hiện, xử lý tội phạm và vi phạm pháp luật khác có sử dụng công nghệ cao

Chapter III

DETECTION AND HANDLING OF CRIMES AND OTHER LAW VIOLATIONS INVOLVING HIGH TECHNOLOGY

Article 12. Denunciations and reports on prevention and combat of crimes and other law violations involving high technology

1. Individuals shall denounce crimes and other law violations involving high technology to public security offices and commune-level People’s Committees or any agencies and organizations.

2. When detecting or receiving denunciations and reports on crimes and other law violations involving high technology, agencies and organizations shall process them according to their competence or immediately notify them to investigative or specialized agencies in accordance with law.

Article 13. Detection and handling of crimes and other law violations involving high technology through inspection and examination activities

1. Agencies, organizations and enterprises shall regularly examine their own performance of their functions and tasks; if detecting crimes and other law violations involving high technology, they shall handle them according to their competence or propose the handling thereof in accordance with law.

2. Specialized inspectorates and specialized agencies shall, through inspection activities, take the initiative in detecting, handling, or propose the handling of, crimes and other law violations involving high technology.

3. In case of necessity, specialized inspectorates may request specialized agencies to coordinate in inspecting agencies, organizations, enterprises and individuals and handling their violations in order to prevent crimes and other law violations involving high technology.

Article 14. Specialized agencies’ measures to combat crimes and other law violations involving high technology

1. When detecting signs of law violation, specialized agencies may take the following measures:

a/ Applying professional measures as prescribed by law to collect information and documents and verify crimes and other law violations involving high technology;

b/ Using professional equipment and techniques to examine, monitor, detect, collect, recover and analyze information, documents and data to serve the prevention and combat of crimes and other law violations involving high technology;

c/ Requesting individuals, agencies and organizations to provide information, documents, objects and equipment in connection to crimes and other law violations involving high technology;

d/ Requesting banks and credit institutions to provide information and documents on account transactions and other information and documents to serve the detection, investigation and handling of crimes and other law violations involving high technology in accordance with law;

dd/ Requesting telecommunications enterprises and internet service providers to arrange ground areas, connection portals and necessary technical conditions for specialized agencies to use equipment and technical measures to examine, monitor and collect electronic data; requesting telecommunications enterprises, information technology enterprises and information technology-applying enterprises to provide information and documents on subscribers and other information and documents to serve the detection, investigation and handling of crimes and other law violations involving high technology;

e/ Directly requesting, or coordinating with competent state agencies in, requesting internet service providers and telecommunications enterprises to block and stop access to equipment systems and networks, and use and provision of services;

g/ Performing other tasks and exercising other powers in accordance with law.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing specific guidance on signs of law violation prescribed in Clause 1 of this Article.

Article 15. Handling of crimes and other law violations involving high technology

Those who commit crimes or other law violations involving high technology shall, depending on the seriousness and extent of violation, be examined for penal liability or administratively sanctioned; if causing any damage, they shall pay compensation in accordance with law.