Question: What if someone stole a log-in credentials to gain access to our server to utilize i.e. without making a copy of the program on the user’s computer, what is our legal redress under Vietnam laws?
Answer:
We would like to advise as hereafter:
The activities in your scenario are crimes according to Criminal Code 2015. Namely, any person who deliberately bypasses the warning, hacks the password or firewall, or uses the administrator’s right of another person to infiltrate another person’s computer network, telecommunications network, or electronic device in order to take control, interfere the operation of the electronic device; steal, change, destroy, fabricate data or illegally use services shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 – 12 years’ imprisonment. depending on the seriousness of the crime (Article 289 of Criminal Code 2015).
In our opinion, you should not be so worried this matter because Vietnam has legal basis to punish the Hi-tech crimes which could be harm to your business activities in Vietnam. However, there is one major issue which is to specially identify who is infringing your products under your provided scenario. if we could identify, we will have legal foundation to action against such alleged person (s).
