Criminal
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False Accusation and Legal Consequences (Summarized Version)
- 24 May 2024
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- by Stephen Le
False accusations seem to run rampant in our digital society; leaving a trail of irreversible damage and scars. But do these false accusers get away with it? How does the law hold them accountable? We explore what it is like in Vietnam. Read the full insight here: https://letranlaw.com/insights/false-accusation-and-legal-consequences/
Tax Evasion in Vietnam
- 08 December 2023
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- by Stephen Le
There is a relatively crude saying that death and taxes are the only two certainties in life. While most of us know that taxes are important, there is still a sizable percentage of people who evade their taxes, whether intentionally or otherwise. In this article, we talk about all things relating to Tax Evasion in Vietnam to help you stay on top of your tax obligations.
False Accusation And Legal Consequences
- 02 November 2023
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- by Stephen Le
In society, the State consistently enacts legal policies to ensure that all activities of organizations and individuals are carried out correctly. At the same time, individuals have the right to speak out to protect their legal rights and interests if there are actions that violate the law, particularly the right to make accusations that are enshrined in the Constitution and laws. However, many individuals have taken advantage of the legal provisions regarding the right to make...
Is the Criminalisation of Civil and Economic Infringements a Solution?
- 14 April 2023
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- by Stephen Le
Did you know that more and more entrepreneurs are ending up in jail for their business infringements? Against the recent backdrop of accelerating economic transformation in Vietnam, the criminalization of civil and economic infringements has received special attention. Is criminalisation the answer? Read our insights here: https://letranlaw.com/insights/is-criminalisation-of-civil-and-economic-infringement-a-solution/
Exposing How Corruption and Bribery Can Happen in Vietnam
- 17 January 2023
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- by Stephen Le
It is unfortunate, but corruption can be said to be commonplace in Vietnam. Under the 2021 Corruption Perceptions Index (CPI), Vietnam scored 39 out of 100 (100 is very clean and 0 is highly corrupt) and ranked 87 out of 180 countries. The local anti-corruption and anti-bribery law is quite strict, so why does corruption still happen? The short answer- the lack of law enforcement. But it is not wise to assume that since some get...
Part 1 – What the SABECO Case Study Tells Us About Initiating Criminal Proceedings Against a Commercial Legal Entity (CLE)
- 12 December 2022
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- by Stephen Le
In recent years, Vietnam has become a member of many international conventions on crime prevention and control. This move to better international integration has clearly incentivised the country’s move to demystify the criminal and legal responsibility of Commercial Legal Entities (CLEs), so as to come in alignment with accepted international standards. This progression however, is not so straightforward. With this two part series, we hope to shed some light on the important questions and controversies surrounding...
Analysis of Initiating Criminal Proceedings Against a Suspect That Is a Commercial Legal Entity From the Standpoint of Infringement of Sabeco’s Industrial Property Rights
- 05 November 2022
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- by Stephen Le
The Criminal Code No. 100/2015/QH13, adopted by The National Assembly XIII on the 10th Session dated November 27, 2015 (“the 2015 Criminal Code“), has taken a new step forward in criminal legislative thinking in terms of codifying criminal responsibility for a commercial legal entity (“CLE“). This has raised several legal issues and controversies surrounding the application of crimes and punishment for the CLE as well as the legal responsibility of the CLE’s legal representatives. The Necessity...
Is Criminalisation of Civil and Economic Infringement a Solution?
- 31 October 2022
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- by Lamy Lam
It is not a novel thing to see some entrepreneurs getting jailed for infringements. Especially in recent times, many economic infringements of all sizes with a prison sentence have been made public. The term “criminalization” also makes frequent appearances. The questions are: Are civil and economic infringements increasingly being criminalized? Has criminalization become a common measure to settle economic and civil transactions? To a certain extent, violations by businesses and entrepreneurs must be appropriately penalized by...
Why Do We Need 43 Articles of Law on Cybersecurity in Vietnam?
- 03 July 2022
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- by Stephen Le
We all want a healthy and safe cyberspace to play, work, learn and grow. Well…most of us anyway. The problem is that a small minority with ill intentions is enough to turn that ideal upside down. Which is why we need 43 articles of law to regulate this space. Organizations have become far more susceptible to cyber threats today with greater digital integration and greater sophistication on the part of the attackers. For an in-depth understanding,...
What You Need to Know About Defamation and Bad-Mouthing in Vietnam
- 29 June 2022
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- by Stephen Le
In the wake of the high-profile Amber-Depp defamation case, the world is still reeling from having first class seats to the “hottest” reality series of 2022…from the comfort of our homes no less. Much like how the public had gone through an express training on public health matters surrounding COVID-19, this time we saw millions undergoing this informal training on defamation. Is the law of defamation something reserved only for the rich and famous? What can...
You Have the Right to a Fair Trial
- 16 May 2022
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- by Stephen Le
You have the right to a fair trial…that is if you are ever to be accused of crime. In fact your right to a fair trial is an internationally recognised human right which rarely makes for viral content (alongside other sexier declarations of human rights), but is nonetheless equally important. Ultimately, many people who are accused of crimes will be found innocent. The goal then is to have enough safeguards in place so that when all...
Limiting Legal Violations in Importing Goods
- 11 March 2022
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- by Stephen Le
Vietnam is a potential business market, attracting many foreign enterprises to invest in manufacturing and business. During the operation, enterprises have a great need to import machinery, equipment, raw materials, components, accessories, etc. into Vietnam to serve the process of operation, manufacturing, and business. However, enterprises often do not have expertise in customs and import of goods. When it comes to importing goods, enterprises often assign their employees to carry out necessary procedures by themselves according...
