Nghị quyết 08/2021/NQ-UBTVQH15 về giải thích Khoản 1 Điều 289 của Bộ luật Hình sự do Ủy ban Thường vụ Quốc hội ban hành

RESOLUTION

EXPLANATION FOR CLAUSE 1 OF ARTICLE 289 IN THE CRIMINAL CODE

NATIONAL ASSEMBLY’S STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on National Assembly Organization No. 57/2014/QH13 in which several Articles are amended and supplemented by the Law No. 65/2020/QH14;

Pursuant to the Law on Promulgation of Legal Normative Documents No. 80/2015/QH13 in which several articles are amended and supplemented by the Law No. 63/2020/QH14;

Pursuant to the Criminal Code No. 100/2015/QH13 in which several articles are amended and supplemented by the Law No. 12/2017/QH14;

HEREUNDER RESOLVES

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The act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person's computer network, telecommunications network or electronic device in order to steal data, which is referred to in clause 1 of Article 289 in the Criminal Code, is understood to embrace the act of deliberately bypassing the warning, hacking the password or firewall or using the administrator’s right of another person or other ways to infiltrate another person's computer network, telecommunications network or electronic device to appropriate data containing trade secrets, listen to, read, jot down, photograph, audio-record or video-record data containing trade secrets.

Article 2. Implementation

The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within their respective functions, duties and authority, bear responsibility for implementing this Resolution.

Article 3. Entry into force

1. This Resolution shall enter into force as from January 14, 2022.

2. This Resolution shall be applied together with the Criminal Code No. 100/2015/QH13 which is amended and supplemented by the Law No. 12/2017/QH14.

PP. NATIONAL ASSEMBLY’S STANDING COMMITTEECHAIRMANVuong Dinh Hue

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