What are criminal law's regulations on rules for punishing crimes of corporate legal entities in Vietnam?

What are criminal law's regulations on rules for punishing crimes of corporate legal entities in Vietnam?

Please help me answer the following question: What are criminal law's regulations on rules for punishing crimes of corporate legal entities in Vietnam? Hope to receive a response soon. Thank you!

Reply:

Rules for punishing crimes of corporate legal entities are prescribed by criminal law in Clause 2, Article 3 of the 2015 Criminal Code with the following content:

a) Every criminal offence committed by a corporate legal entity must be discovered promptly and dealt with quickly and fairly in compliance with law;

b) All corporate legal entities that commit criminal offences are equal before the law regardless of type of business and economic sector;

c) Criminal offences committed by deceitful methods; organized crimes, deliberate infliction of extremely serious consequences shall be strictly punished;

d) Leniency shall be showed towards corporate legal entities that are cooperative during the proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate consequences.

Above is the answer to rules for punishing crimes of corporate legal entities in Vietnam.

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Handling of corporate legal entities of 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 of manufacturing and trading of counterfeit fertilizers in Vietnam? Hope to receive a response from you soon. Thank!

Reply:

Handling of commercial 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 Criminal Code 2017, accordingly:

6. 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 the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) A corporate legal entity that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000;

d) A corporate legal entity that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;

e) 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, the corporate legal entity will be handled with fines, permanent suspension of operations, ban on business, ban on operating in certain fields or raising capital for 01 - 03 years in Vietnam.

We hope that our advice will help answer your questions.

Handling of corporate legal entities that commit crimes of using internal information for trading securities in Vietnam

Please help me answer the following problem as soon as possible. Specifically, let me ask what is handling of corporate legal entities that commit crimes of using internal information for trading securities in Vietnam? Hope you can answer me as soon as possible. Thank you very much!

Reply:

Handling commercial legal entities that commit the crime of using internal information to buy and sell securities is prescribed in Clause 4, Article 210 of the 2015 Criminal Code, amended and supplemented by the Law amending the Criminal Code 2017, accordingly:

4. 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 1,000,000,000 to VND 5,000,000,000;

b) A corporate legal entity that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;

c) The violating corporate legal entity might also be banned from operating in certain fields or raising capital for 01 - 03 years.

We hope that our advice will help answer your questions.

Best regards!