Criminal
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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 Stephen Le
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...
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...
Law on Anti-bribery & Anti-corruption
- 28 January 2022
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- by Hannah Huynh
Bribery What is bribery? Bribery usually refers to a situation where a person or organization gives benefits to a person holding State power to influence that person (e.g. making that person abuse the State power to bring benefits for the bribe giver). Under the law, both the act of giving bribe and receiving bribe are prohibited. Bribery, sometimes, can be very straightforward, e.g. Company A gives money to State officer B so that officer B can...
Fraudulent Appropriation of Property
- 27 January 2022
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- by Stephen Le
The remarkable development of information technology has significantly brought material and spiritual benefits for people. On the other hand, however, it becomes a means abused to appropriate property in a more and more complex and subtle way. What is fraudulent appropriation of property? Fraudulent appropriation of property means using deception to appropriate another person’s property. The typical feature of this crime is deception/fraud made by offenders. Elements constituting a crime of fraudulent appropriation of property Fraudulent...
Defamation and Bad-Mouthing: A Practical Guide to the Laws of Vietnam
- 29 November 2021
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- by Stephen Le
Both in modern world and in days past, people have highly valued their honor and dignity. In fact, social standing has always been considered one of the foremost factors in determining whether a person is successful in society. As such, it is not surprising that some individuals, who want to advance their goals, have inevitably used various means to insult the honor and dignity of others to benefit themselves. To protect the honor and dignity of...
Cybersecurity Law and the Practice of Preventing Cyber Fraud in Vietnam
- 17 November 2021
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- by Stephen Le
Concurrently with the rest of the World, online transactions over the internet have become commonplace in Vietnam and continue to expand its reach to all aspects of business. The banking and retail sectors are just two of the major industries that currently rely, at least in part, on remote transactions. This evolution also has a dark side with the development of cybercrime where a victim is fraudulently induced to provide personal or private information that the...
