Vietnam’s rapid digital transformation has ushered in both innovation and risk. As more transactions, communications, and business operations move online, cybercriminals have become increasingly sophisticated in targeting individuals, corporations, and even government bodies. Whether it’s online banking scams, fraudulent investment schemes, or impersonation via social media, cyber fraud is a growing concern in Vietnam’s legal and economic landscape.

This article provides a comprehensive overview of cyber fraud in Vietnam, from the legal framework and common types of fraud to penalties, victim remedies, and civil litigation options.

Legal Framework for Cyber Fraud in Vietnam

Cyber fraud is addressed through a combination of Vietnam’s 2015 Penal Code, 2018 Law on Cybersecurity (2018), and the 2015 Law on Network Information Security. These laws empower both civil and criminal enforcement against digital offenses. In addition to outlining enforcement authority and procedural guidelines, they impose substantial legal risks on perpetrators, including significant prison sentences and financial penalties. Understanding this legal foundation is essential to navigating the consequences and options that follow.

Key legal provisions include:

• Article 174 of the Penal Code: Fraudulent appropriation of property.
• Article 290 of the Penal Code: Using computer networks, telecommunications networks, or electronic devices to commit acts of property appropriation. 
• Law on Cybersecurity: Regulates data security, state security threats, and obligations of digital service providers.
• Law on Network Information Security: Governs the technical and organizational security of information systems and data protection. 

Vietnam’s Ministry of Public Security (MPS), particularly its Cybersecurity and High-Tech Crime Prevention Department (A05), plays a central role in investigating and prosecuting cybercrimes.

Common Types of Cyber Fraud

Cyber fraud in Vietnam has taken many forms, affecting both individuals and organizations. The most common include:

• Online Banking Scams: Fraudsters pose as bank staff or send fake banking links to trick users into sharing OTPs or login credentials.
• Business Email Compromise (BEC): Attackers impersonate executives or vendors to redirect payments or obtain confidential data.
• Phishing Websites: Fake websites designed to collect personal or financial information from unsuspecting users.
• E-Commerce Fraud: False buyers or sellers on popular platforms exploit payment systems or fail to deliver goods.
• Romance and Social Media Scams: Fraudsters create fake profiles to gain trust and manipulate victims into sending money.
• Crypto-Related Fraud: Unregulated investment platforms, Ponzi schemes, or wallet hijacks targeting crypto users.

Many of these schemes rely on psychological manipulation and digital impersonation, making them hard to detect until damage is done.

Criminal Penalties for Cyber Fraud

Vietnamese law imposes severe penalties on individuals convicted of cyber fraud. Depending on the offense, violators may face:

• Fines: Up to VND 1 billion for serious fraud offenses
• Imprisonment:
  • 2 to 7 years for fraud involving less than VND 500 million
  • 7 to 15 years for higher amounts or organized groups
  • Up to 20 years or life imprisonment for large-scale, cross-border cyber fraud

In addition to criminal prosecution, courts may order restitution, seizure of illicit assets, or prohibit offenders from engaging in digital commerce in the future.

Can Foreigners Report Cybercrime in Vietnam?

Yes, foreign nationals have the legal right to report cybercrime in Vietnam. If you are an expat, traveler, or foreign business operator and you become a victim of online fraud, you can file a report with the local police station or the Ministry of Public Security’s Cybersecurity Department.

Foreigners are advised to bring a translator or legal representative to assist with communication and document submission. It is also helpful to inform your embassy or consulate, as they can provide diplomatic support and assist with legal referrals. Consular officers can request updates on the investigation and help ensure your rights are respected throughout the process.

What Evidence Do You Need to Prosecute Cyber Fraud?

Building on the earlier section on what victims can do, understanding the evidentiary requirements is crucial for both criminal prosecution and civil litigation. Authorities in Vietnam prioritize clear, verifiable documentation when initiating investigations or filing charges.

Successful prosecution of cyber fraud in Vietnam depends heavily on the quality and preservation of evidence. Victims should retain all digital communications and transaction records, including:

• Screenshots of chats, emails, or fraudulent websites
• Payment receipts, bank transfer confirmations, or e-wallet logs
• IP addresses, URLs, or login details if available
• Timestamped social media interactions

Chain of custody is important, so avoid altering the data. Digital forensics experts may assist in authenticating the evidence. Where possible, gather information that can help law enforcement trace the perpetrators, such as contact numbers, user IDs, or any identifiable patterns.

Legal Options for Victims of Cyber Fraud in Vietnam

Victims of cyber fraud in Vietnam have access to both criminal and civil legal pathways. In criminal proceedings, the goal is to punish offenders and potentially recover stolen assets through state-led prosecution. However, many victims also explore the civil route to claim financial compensation and restore their reputation.

To file a civil lawsuit, a victim must demonstrate a direct and measurable loss, backed by clear documentation. This may include financial statements, communication records, and digital transaction logs. The identity of the fraudster must be traceable through IP data, platform records, or joint investigation with authorities.

While criminal proceedings are often initiated first, civil litigation can run in parallel or follow a conviction. Courts may award compensation for economic losses, emotional distress, or contract violations. That said, enforcing judgments against elusive or overseas fraudsters remains challenging, underscoring the importance of early legal intervention and evidence preservation.

Conclusion

Cyber fraud in Vietnam is escalating in both scale and sophistication. As digital crimes evolve, so must the legal and procedural strategies to counter them. Whether you are a victim, a business leader, or a compliance officer, understanding the law and acting quickly is essential to limiting damage and securing justice.

Le & Tran is a leading Vietnamese law firm with deep expertise in digital crime, cross-border fraud, and cybersecurity compliance. We assist corporations, financial institutions, and individuals in managing legal risks and pursuing civil or criminal remedies against cybercriminals. Our firm is recommended by AmCham Vietnam, the US Consulate, and is consistently top-ranked in Chambers, Legal500, and Benchmark Litigation for our white-collar and litigation practice.

For expert legal advice on cyber fraud in Vietnam, contact us at info@letranlaw.com.