In recent years, social media platforms have witnessed the emergence of numerous fake websites illegally using the names, images, or information of individuals and organizations, thereby infringing upon their lawful rights and interests. This article by NPLaw clarifies the legal regulations and fines under Vietnamese law for such conduct.

I. What constitutes a fake website (scam website)?

A website is a collection of information pages containing text, numbers, audio, images, videos, etc., stored on a server and accessible remotely via the Internet.

Accordingly, creating a fake website (scam website) refers to establishing a website that uses another individual’s or organization’s name, image, or address to impersonate them. Such conduct misleads Internet users, causing confusion in receiving information or conducting transactions.

For example, fake websites that imitate legitimate businesses often aim to deceive customers, making it difficult for them to identify official providers of goods or services during online searches.

II. How to identify fake websites (scam websites)

  • Checking the web address: Fraudulent websites often have URLs similar to authentic ones but they may contain spelling errors, extra characters, or unusual symbols in the domain name.
  • Being wary of pop-ups: Fake websites often display intrusive pop-ups asking users to enter usernames or passwords.
  • Being wary of other methods of identifying legitimate websites (security icons): The presence of a padlock or key symbol near the browser’s address bar or a seemingly valid security certificate does not guarantee authenticity.

III. Sanctions for creating fake websites (scam websites)

Point e, Clause 1, Article 5 of Decree 72/2013/NĐ-CP, clearly regulating the prohibition of acts of impersonating organizations and individuals, and spreading fake and false information that infringe upon the legitimate rights and interests of organizations and individuals.

Accordingly, there are fines for the above acts as follows:

Administrative sanctions

  • According to Point d, Clause 3, Article 99 of Decree 15/2020/NĐ-CP, creating a fake website impersonating another entity can result in a fine ranging from 20,000,000 VND to 30,000,000 VND.
  • In addition, If the act specifically infringes upon the rights and interests of individuals, fines are imposed under Point e, Clause 3, Article 102 of Decree 15/2020/NĐ-CP, including:
    + 10,000,000 VND to 20,000,000 VND for organizations;
    + 5,000,000 VND to 10,000,000 VND for individuals.

Criminal liability

If the fake website is created for the purpose of fraudulently appropriating assets, the offender may be:

  • Subject to administrative fines; or
  • Criminally prosecuted for Fraudulent Appropriation of Assets under Article 174 of the Penal Code 2015, which takes:
    + Non-custodial reform (probation) of up to 3 years; or
    + Imprisonment from 6 months to 3 years, with the maximum liability being life imprisonment, depending on the severity of the offense.
     
  • Additional sanctions may include:
    + Fines from 10,000,000 VND to 100,000,000 VND;
    +     Prohibition from holding certain positions or practicing certain professions for 1–5 years;
    + Partial or full confiscation of assets.

IV. What to do when discovering fake websites (scam website)

  • Employees should immediately notify company’s managers and authorities, such as the Inspectorate of the Department of Information and Communications, the Inspectorate of the Department of Industry and Trade, and the Department of Cybercrime Prevention.
  • It is necessary to send warning signals and request the owners of fake addresses to stop the behavior.
  • In cases the damage to the business is large and the owner of the fake website still does not stop the behavior, the business can file a lawsuit in Court.

V. What need to conduct if defrauded money by fake websites (scam website)

If a large sum of money is lost due to fake websites, the victim can go to the commune-level police to report the crime. The commune-level police will make a record of receipt, conduct a preliminary verification and transfer the crime report, along with relevant documents and objects, to the district-level agency.

In addition, the victim can go directly to the district-level police where such a person resides to report the fraud.

VI. Legal support from NPLaw

For businesses or individuals facing issues related to fake websites, NPLaw offers:

  • Consultation on administrative fines and criminal liability;
  • Assistance in preparing complaints and evidence;
  • Representation in litigation and dispute resolution to protect your lawful rights and interests.