Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
Ministry of Post and Telecommunication No. 3624 / MPT
Vientiane Capital, Date: 11 Dec 2017
On Penalties in Cyber Crime
The Minister of Post and Telecommunications
Hereby issues the following decision:
Article 1 Objectives
This Decision determines the principles of fine measures as set forth in article 60, under the Law On Resistance and Prevention of Cybercrime, involves with deleting data in computerized system, providing incorrect computer data, failing to provide computer data and other behaviors that impede, and not cooperate with, police officers on investigation. Aiming to build the peace and orderliness of the society, and contribute to the national socio-economic development in a progressive manner.
Article 2 Penalties in Cyber Crime
Penalties in Cyber Crime is the imposition of administrative penalties on individuals, legal entities, or organizations in violation of article 60, under the Law on Resistance and Prevention of Cybercrime.
Article 3 Definition of Terms
The terms applied in this Law shall have the meaning as follows:
1. Crime refers to an offence as stipulated in the Law on Criminal Procedures and other laws of which prescribed criminal punishment;
2. Computer system refers to an electronic device or a set of computer devices that link together the operational system through determination of orders, set of orders or other things in order to enable the electronic devices or sets of computer devices to perform data processing automatically in one or many computers that are connected to each other through the computer network and internet networks;
3. Computer Data refers to any data, messages, programs or database system, personal data, computerized traffic data in the form that can be processed and enable the operation of the computerized system;
4. Personal Data refers to data related to or referred directly to the character or nature, activity of individuals, legal entities or organizations in a direct or indirect way;
5. Server System refers to the service system through computer system, which consists of Database Server, Web Server, Mail Server, File Server and others;
Article 4 Scope of Application
This decision is applied for individuals, legal entities and organizations which monitor information data and electronic devices in the Lao PDR.
Article 5 Offense
Following behaviors shall be considered as offense:
Article 6 Provide incorrect computer data
Individuals, or legal entities, or organizations, that provide incorrect computer data and/or electronic devices to police officers and concerned staff, including:
Article 7 Fail to provide computer data within the time limit
Individuals, or legal entities, or organizations, that receive information regarding to the misconduct in cyber, but fail to inform the investigation authority within time limit.
Police officers shall make a recommendation to individuals, legal entities, or other relevant organizations to provide evidence for prosecution.
Article 8 Delete data in computerized system or computer data of other persons without any authorization
Individuals, or legal entities, or organizations, that delete data in computerized system or computer data of the data owner or the authorized persons without any authorization, including:
Article 9 Fine Rate
Individuals, legal entities or organizations that violate to this Decision shall be imposed with a fine as follows:
1. Provide incorrect computer data shall be imposed with a fine from 1,500,000 kips to 2,000,000 kips;
2. Fail to provide computer data within the time limit shall be imposed with a fine from 2,500,000 kips to 3,000,000 kips;
3. Delete data in computerized system or computer data of other persons without any authorization shall be imposed with a fine from 4,000,000 kips to 5,000,000 kips.
Article 10 Implementation
Ministry of Post and Telecommunications assigns Lao Computer Emergency Response Team, coordinates with relevant sectors, to implement this Decision strictly.
Article 64 Effectiveness
This Decision is effective from the date of signature and after fifteen days of being posted in an official gazette.