Is there a warning sentence applied to corporate legal entities that commit crimes in Vietnam? Handling corporate legal entities that commit hoarding in Vietnam.

Is there a warning sentence applied to corporate legal entities that commit crimes in Vietnam?

Regarding the main criminal sanctions, is there a form of warning applied to corporate legal entities that commit crimes?

Reply:

Pursuant to Article 33 of the 2015 Criminal Code, sentences against business entities committing crimes are as follows:

1. Primary sentences:

b) Fine;

b) Suspension of operation;

c) Permanent shutdown.

2. Additional sentences:

a) Ban from operating in certain fields;

b) Prohibition from raising capital;

c) Fine if no administrative penalties are imposed.

3. The corporate legal entity shall incur only one primary sentence for a criminal offence committed and possibly one or more additional sentences.

Thus, for the primary sentences as well as the additional sentences for corporate legal entities committing crimes, there is no warning sentence. Therefore, this form will not be applied in Vietnam.

Is there a warning sentence applied to corporate legal entities that commit crimes in Vietnam? Handling corporate legal entities that commit hoarding in Vietnam. (Image from the Internet)

Handling corporate legal entities that commit hoarding in Vietnam

Please help me answer issues related to corporate legal entities. Specifically, let me ask what is handling corporate legal entities that commit hoarding in Vietnam? Hope to receive a response from you soon. Thank!

Kim Ngan - Dong Nai

Reply:

Handling corporate legal entities that commit hoarding is prescribed in Clause 5, Article 196 of the 2015 Criminal Code, amended and supplemented by the Law amending the 2017 Criminal Code, accordingly:

5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, d, dd, e Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 4,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 4,000,000,000 to VND 9,000,000,000;

d) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.

Thus, depending on the severity of the violation in Vietnam, the corporate legal entity will be handled with fines, permanent suspension of operations, ban on business, ban on operating in certain fields or ban on raising capital from 01 five to 03 years.

Handling of corporate legal entities that commit manufacturing and trading of counterfeit fertilizers in Vietnam

I have questions about this issue and hope you can help answer them. Specifically, let me ask what is handling of corporate legal entities that commit manufacturing and trading of counterfeit fertilizers in Vietnam? Hope to receive a response from you soon. Thank!

Reply:

Handling of corporate legal entities guilty of producing and trading counterfeit fertilizers is specified in Clause 6, Article 195 of the 2015 Criminal Code, amended and supplemented by the Law amending the 2017 Criminal Code, accordingly:

a) Committing a crime in the case specified in Clause 1 of this Article, shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing a crime in one of the cases specified in Points a, b, c, e, g, h and i, Clause 2 of this Article, shall be fined from 3,000,000,000 VND to 6,000,000,000 VND;

c) Committing a crime in the case specified in Clause 3 of this Article, the person shall be fined from 6,000,000,000 VND to 9,000,000,000 VND;

d) Committing a crime in the case specified in Clause 4 of this Article, shall be fined from 9,000,000,000 VND to 15,000,000,000 VND or suspended from operations for a period of 06 months to 03 years;

d) Committing a crime in the case specified in Article 79 of this Code, the operation shall be permanently suspended;

e) Commercial legal entities may also be fined from 100,000,000 VND to 300,000,000 VND, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 year to 03 years.

==> Thus, depending on the severity of the violation, the corporate legal entity will be handled with fines, permanent suspension of operations, ban on business, ban on operating in certain fields or ban on raising capital from 01 year to 03 years in Vietnam.

Best regards!