Judicial measures taken against corporate legal entities committing criminal offences in Vietnam

Judicial measures taken against corporate legal entities committing criminal offences in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Judicial measures taken against corporate legal entities committing criminal offences in Vietnam

Judicial measures taken against corporate legal entities committing criminal offences in Vietnam according to Article 82 of the Penal Code 2015 are as follows:

- The Court may decide to take the following judicial measures against a corporate legal entity committing criminal offences:

+ The judicial measures specified in Article 47 and Article 48 of the Penal Code 2015;

+ Compulsory restoration of original state;

+ Compulsory implementation of some measures for mitigation and prevention of consequences.

- The court may require the offending entity to restore the original state which was changed by its criminal offence.

- The court, on a case-by-case basis, may require the offending entity to implement one or some of the following measures for mitigation and prevention of consequences of the offence:

+ Compulsory dismantlement of the work or part of the work that is not licensed or built against the license;

+ Compulsory relief of environmental pollution or spread of disease;

+ Compulsory removal from Vietnam’s territory or re-export of goods, vehicles taken into Vietnam’s territory against regulations of law or those temporarily imported but have not been re-exported as prescribed by law; imported or transited goods that infringe intellectual property rights; counterfeit goods; vehicles, raw materials imported for manufacture or trading of counterfeit goods after the elements of violation have been removed;

+ Compulsory destruction of goods or items that harm health of humans, animals, plants and the environment; obscene materials or other exhibits subject to destruction as prescribed by law;

+ Compulsory removal of violation elements on the goods, goods labels, means of trading or items;

+ Compulsory recall of violating products being sold on the market.

2. Mitigating factors mitigating factors and criminal responsibility of corporate legal entity in Vietnam 

Mitigating factors mitigating factors and criminal responsibility of corporate legal entity according to Article 84 of the Penal Code 2015 (amended 2017) are as follows:

- The following circumstances are mitigating factors:

+ The offender has prevented or reduced the harm caused by the criminal offence;

+ The offender voluntarily makes rectification, pays damages or relieves the consequences;

+ The criminal offence has not caused any damage or the damage caused is insignificant;

+ The offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

+ The offender has considerable contributions to implementation of social policies.

- When deciding the punishments, the Court might consider the offender's other circumstances as mitigating factors and specify the reasons in the judgment.

3. If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or punishment bracket, it shall not be considered a mitigating factor in the decision on punishments.

3. Aggravating factors applied to corporate legal entities in Vietnam

Aggravating factors applied to corporate legal entities according to Article 85 of the Penal Code 2015 are as follows:

- The following circumstances are considered aggravating factors:

+ Committing the criminal offence in collusion with another corporate legal entity;

+ Deliberately committing the criminal offence to the end;

+ The offence has been committed more than once;

+ Recidivism or dangerous recidivism;

+ The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the criminal offence;

+ The offender makes use of sophisticated tricks to commit or conceal the criminal offence.

- Circumstances defined by this document as the basis for determination of a criminal offence or punishment bracket shall not be considered an aggravating factor.

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