Do Viet Cuong, LL.D; Nguyen Quang Ha
University of Law - Vietnam National University, Hanoi
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| At the workshop held at the UN headquarters in New York by the Permanent Delegation of Vietnam to the UN__Photo: VNA |
The United Nations Convention against Cybercrime (the Convention), the first-ever global treaty dedicated to addressing cybercrime, marks a groundbreaking initiative to confront one of the most critical challenges of the digital era. By fostering international cooperation, fortifying legal frameworks and uniting global efforts, the Convention lays the foundation for effectively combating cyber-dependent and cyber-enabled crimes.
With the signing ceremony set to take place in Hanoi in mid-2025, the Convention holds dual significance: it is a landmark achievement in advancing global cyber security and also a powerful affirmation of Vietnam's rising prominence on the international stage.
Formally titled "United Nations Convention against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes," this milestone reflects an intensified global effort to counter cybercrime through international collaboration and comprehensive legal frameworks. The Convention aims to enhance the prevention and combat of cybercrime through promoting international cooperation, facilitating technical assistance and strengthening national measures, particularly benefiting developing countries (Article 1). At first glance, this initiative highlights the importance of unity, inclusivity and responsibility in protecting the interconnected digital world.
Given cybercrime being a major global risk, the Convention provides a globally coordinated response to make the digital and physical worlds safer. The Convention facilitates the access and exchange of electronic evidence, which is crucial for investigating transnational crimes. It includes a 24/7 network for urgent cooperation. Effective law enforcement relies heavily on international cooperation to counter cybercrime, which often spans multiple jurisdictions. Additionally, addressing crimes that leave digital traces requires access to electronic devices. The Convention includes a dedicated chapter on international cooperation, creating a global framework for collaboration in investigations, prosecutions, asset recovery and judicial proceedings (Chapter V). Measures include extradition, transfer of sentenced persons and criminal proceedings, joint investigations, and law enforcement cooperation. The chapter also outlines procedures for preserving and acquiring electronic data, enabling the State Parties to request assistance in securing electronic evidence, accessing data, or intercepting communications. To facilitate rapid responses, a 24/7 network of contact points in each State Party is established, ensuring immediate assistance with tasks. Furthermore, the provisions for electronic evidence collection and sharing extend beyond cybercrime to include any serious crime with an imprisonment sentence of four years or more, complementing existing United Nations conventions on transnational organized crime and corruption.
Criminalizing prevalent forms of cybercrime is vital to preventing and combatting the growing threat of cybercriminal activities and their impacts. Chapter II of the Convention, which is on criminalization, mandates that the State Parties establish a robust legal framework targeting crimes committed through information and communication technology (ICT) systems. This involves cyber-dependent and cyber-enabled crimes.[1] Cyber-dependent crimes are those committed through the use of ICT devices, including illegal access to ICT systems, illegal interception of non-public transmissions of electronic data, interference with electronic data or ICT systems, and misuse of devices that facilitate the commission of such offences (Articles 7-11). Cyber-enabled crimes are traditional criminal activities which, however, are conducted online like ICT-related forgery, theft or fraud, online child sexual abuse or exploitation material, grooming or solicitation for child sexual offences, non-consensual dissemination of intimate images, and laundering proceeds of cybercrimes (Articles 12-17). Notably, the Convention is the first global agreement to specifically address and protect children from sexual violence facilitated by ICTs. By criminalizing offences related to online child sexual abuse and exploitation material, the Convention empowers governments with stronger tools to safeguard children from these threats. The Convention harmonizes criminal laws across jurisdictions, enabling international cooperation and addressing dual criminality requirements for coordinated action among States. It also criminalizes participation and attempts, establishes liability for legal persons, and outlines rules for prosecution, sanctions, and aggravating circumstances (Articles 18-21). Furthermore, the Convention guarantees the protection of the rights of the accused and includes specific safeguards for children, balancing the need for justice with the protection of fundamental rights.
On the other hand, the Convention also takes victim support into account. Article 34 encourages the assistance and protection of victims, establishing access to physical recovery, compensation, restitution and removal of illicit content. Furthermore, only taking action against cybercrime incidents after they occur is inefficient. Given the online vulnerability of a major population of the world,[2] the Convention encourages States to develop preventive measures to mitigate the risks and threats of cybercrime (Chapter VI). Special emphasis is placed on protecting vulnerable groups, such as safeguarding children against online exploitation, preventing gender-based violence, and advancing victim support programs. States Parties must regularly evaluate their legal frameworks, ensure authorities are accessible for reporting cybercrime, and allow safe and anonymous reporting mechanisms. At the international level, each State Party must designate authorities to assist others in prevention, fostering a global network for cybercrime prevention
Diplomatic significance of the Convention for Vietnam
The signing ceremony is scheduled to take place in Hanoi (Article 64). The Convention will, therefore, also be known as the “Hanoi Convention”. This was made possible subsequent to an offer by the Vietnamese Government. The Ministry of Public Security and related agencies have been actively collaborating with the United Nations to plan for the signing ceremony, which is expected to take place in mid-2025. While the Convention itself is a milestone for the world, marking the first global treaty on preventing and combating cybercrime, its signing ceremony holds additional significance for Vietnam. It marks the first time the country’s capital will be associated with a global multilateral treaty.
Vietnam is said to have been a proactive participant in the treaty's negotiation process, showing a willingness to listen and share perspectives, which has earned the trust and high regard of the United Nations and partner countries. The country has also made significant strides in enhancing its cybersecurity policies, laws and infrastructure in recent years. The 2018 Law on Cyber Security serves as a cornerstone in addressing online threats and protecting essential digital infrastructure, thereby enhancing national security and public order. Recently, the 2024 Law on Data was enacted and will soon take effect. This law establishes the right to freely transfer and process data across borders. It also mandates that cross-border data transfer or processing must comply with Vietnam’s law and treaties to which Vietnam is a contracting party. By reducing barriers to data transfer and processing, Vietnam can more efficiently collaborate with other countries to counter the borderless nature of cybercrime. The Department of Cyber Security and High-Tech Crime Prevention, which was established in 2018 under the Ministry of Public Security, is the focal-point agency responsible for ensuring cyber security and network safety, as well as for preventing, detecting, investigating and prosecuting hi-tech crimes. Additionally, competent authorities are finalizing the National Integrated Database, which can be used in the future to combat crimes and handle violations. These legal changes and achievements reflect Vietnam’s capacity to align domestic laws and policies with international requirements, demonstrating its readiness to tackle global challenges. With proven commitment, both internally and externally, the country received extensive support from international partners to host the signing ceremony. Hosting the signing ceremony of the Convention resulted from Vietnam’s increasingly enhanced position on the international agenda and its leading role in shaping the global digital future.
Although the signing process will not conclude in Hanoi,[3] the signing ceremony still holds great diplomatic significance for Vietnam. "... Hanoi will be associated with an important international legal instrument that addresses one of the most significant challenges in the 21st century," said Deputy Prime Minister and Minister of Foreign Affairs Bui Thanh Son. The Convention creates a lasting legacy that ties Vietnam’s capital to a historic moment in international law. This association serves as a symbol of Vietnam’s evolving diplomatic role and its contributions to shaping global norms in the digital era.
Hosting the signing ceremony of the first global treaty on cybercrime strengthens Vietnam’s reputation as a responsible and proactive member of the international community. The association of the Convention’s name with Hanoi elevates the country’s diplomatic profile, positioning it as a leader in addressing global challenges in the digital age, which reinforces Vietnam’s commitment to international cooperation. Vietnam continues to promote the principle of shared responsibility and collective action, reaffirming its role as an advocate for cooperative solutions to complex challenges. This historic event also provides an opportunity to deepen Vietnam’s diplomatic ties with other Member States and international organizations. Receiving extensive support to host the signing ceremony signifies the trust and high regard of the international community for Vietnam’s ability to organize an event of such significance.-
[1] Find more at: https://www.un.org/en/peace-and-security/basic-facts-about-global-cybercrime-treaty.
[2] According to UN, more than two-thirds of the global population is exposed to the dangers of cybercrime.
[3] After the initial signing ceremony in Hanoi, the Convention will continue to be open to signature at the UN Headquarters in New York until the end of 2026.
