This article presents the criminalization process of asset appropriation through computer networks and electronic means in Vietnam by analyzing the theory of criminalization, the constituent elements of the offence, and the way in which the legal characteristics and criminal liability of this crime are reflected in criminal law, with particular emphasis on Article 290 of the 2015 Penal Code. Based on the classification of cybercrime and the theory of criminal elements, the article evaluates the strengths and limitations of Vietnam’s means-based model in comparison with the target-based model, and proposes adjustments to legislative techniques, the proportionality of penalties, and enforcement conditions in order to enhance the clarity, proportionality, and feasibility of criminal-law provisions. The article also offers experience and lessons for the domestic incorporation of international legal frameworks on combating cybercrime in general, and the recently adopted United Nations international convention against cybercrime, for a range of countries and territories in addressing cybercrime.
Dinh The Hung (Tue,) studied this question.