Shortcomings in the Regulations of Criminal Law on Cyber Crime and Recommendations

Abstract

In the modern digital space, personal data can be attacked and used for illegal purposes. On 17 April 2023, the Vietnamese Government passed Decree No. 13/2023/ND-CP on Protecting Personal Data. The Criminal Code of Vietnam 2015 (amended in 2017) set up cyber-related crimes to protect the safety of cyber activities in general and personal data in particular. However, there are a number of shortcomings in the Criminal Code in the comparison with the Decree 13/2023/ND-CP and international treaties on cybercrime. This article analyzes these shortcomings and provides recommendations to revise relevant provisions of the Criminal Code.