WHAT ARE THE SANCTIONS FOR THE ACT OF INSULTING CADRES?

Currently, there are a number of websites insulting the political regime of the Party and the state. These links are watched and shared a lot on the Facebook page. This behavior greatly affects national solidarity and negatively affects citizens' psychology. I want to ask the lawyer how will these people be punished? Thank you!

FDVN’s Opinion:

[1] Administrative sanctions

Posting information against the Party and the State affects the national solidarity on websites. If these acts are not yet eligible for a criminal prosecution, it will be administratively handled according to the provisions of Point a, Clause 4, Article 64 of Decree No. 174/2013 / ND-CP on violations of regulations on websites and news websites:

4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Propagating information against the Socialist Republic of Vietnam; sabotaging the bloc of great national unity at a degree of severity which is still not liable to criminal prosecutions;

b) Propagating information with the aims of inciting war of aggression, causing hatred between ethnic groups or people of countries, inciting violence or propagating reactionary thought at a degree of severity which is still not liable to criminal prosecutions;

c) Distorting history, denying the revolutionary achievements, or offending the nation, people, or national heroes at a degree of severity which is still not liable to criminal prosecutions.

Additionally, the offender also be Confiscated the exhibits and instrumentalities of administrative violations and suspended the license for 01 - 03 months pursuant to Clause 5 Article 64 in this Decree.

[2]. Criminal handling

People who commit spreading information against the state may also be prosecuted for criminal liability according to the provisions of Article 117 of the  Penal Code 2015 of making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam;

“1. Any person who, for the purpose of opposing the State of Socialist Republic of Vietnam, commits any of the following acts shall face a penalty of 05 - 12 years' imprisonment:

a) Making, possessing, spreading information, materials, items that contain distorted information about the people's government;

b) Making, possessing, spreading information, materials, items that contain fabricated information to cause dismay among the people;

c) Making, possessing, spreading information, materials, items to cause psychological warfare.

2. An extremely serious case of this offense carries a penalty of 10 - 20 years' imprisonment.

3. Any person who makes preparation for the commission of this criminal offense shall face a penalty of 01 - 05 years' imprisonment.

According to the above provisions, those who spreading information by sharing through websites, creating fake information, insulting the people's government must carry the penalty of from 5 - 20 years’ imprisonment. In case of preparing for a criminal, this act will be fined from 01 years to 05 years.

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