vietnam criminal code 2015

Franchise in Vietnam; Legal consulting on tax law; Litigation and dispute resolution; Anti-Dumping & Countervailing #2. Oversea investment Consultancy; Real Estate and Construction; Retainer Service to Enterprises; Technology Transfer services; Doing Business in Vietnam. How To Open company in Vietnam; Open representative office in Vietnam The Vietnam Criminal Code 2015 which came in to effect from 01 January 2018 has significant amendments in terms of crimes related to the Intellectual Property Rights (IPRs).. In regards of the IPRs, in comparison with the Criminal Code 1999 (which has been amended and supplemented by the law on amending and supplementing some articles of the Criminal Code on June 19th, 2009), the Criminal Code The Amended 2015 Penal Code sets out 32 offenses which commercial legal entities may be subject to criminal liable for. Some key offenses include: (i) tax evasion; (ii) fraud in insurance business; (iii) evasion of statutory insurance payment for employees; (iv) competitive regulatory violations; (v) infringement of intellectual property rights; (vi) money laundering; and (vii) terrorism financing. Vay Tiền Online Banktop. Most Read Contributor Vietnam, May 2023 To print this article, all you need is to be registered or login on The Vietnam Criminal Code 2015 which came in to effect from 01 January 2018 has significant amendments in terms of crimes related to the Intellectual Property Rights IPRs. In regards of the IPRs, in comparison with the Criminal Code 1999 which has been amended and supplemented by the law on amending and supplementing some articles of the Criminal Code on June 19th, 2009, the Criminal Code 2015 deleted the crimes of breaching the regulations on the granting of industrial property protection deeds. This is the result of practical implementation of the Criminal Code 1999 in more than 15 years since the effective date of this code. The lawmakers realized that it is not necessary to punish the people who are competent to grant protection deeds to industrial property objects in Vietnam by the sentences of the criminal measures. Therefore, from the effective date of the Criminal Code 2015 January 01st, 2018, breaching the regulations on the granting of industrial property protection deeds will not be considered as a crime. The Criminal Code 2015 has 02 two Articles for 02 two crimes on the IPRs including the infringement of copyright and related rights and another one is infringement of industrial property rights with the same infringement activities, namely – In regard of copyright and related rights the activities of i reproducing works, phonograms or video recordings and ii distributing to the public copies of works, phonograms or video recordings; – In regard of industrial property rights the activities of infringement against the trademark and geographical indication which are currently protected in Vietnam in the form of counterfeit trademark or counterfeit geographical indication only. However, there are 02 two majority differences between the Criminal Code 1999 and the Criminal Code 2015 which shall be considered as the revolution in lawmaking until now The criminal responsibility of corporate legal entity. From January 01st, 2018, the corporate legal entity shall bear the criminal responsibility for the crimes which are performed by a corporate with the conditions of i the criminal offence is committed in the name of the corporate legal entity; or ii the criminal offence is committed in the interests of the corporate legal entity; iii the criminal offence is under instructions or approval of the corporate legal entity; iv the time limit for criminal prosecution has not expired. The corporate legal entity shall bear the criminal responsibility for the infringement upon copyrights and/or related rights and the infringement upon trademark and geographical indication. This is very important for fighting against the disease of IPR infringement because the practice of settling the infringement actions against the IPRs in 11 years since the effective date of Law on IPRs showed that almost infringement cases in this period have been performed by legal corporate entities even that such legal corporate entities have been established and operated for the purpose of infringing upon the IPRs protected in Vietnam. However, the punishment measures of Law on handling administrative violations are not strict enough for deterring the infringers. In many cases, the infringers are willing to pay the fine and then continuously perform the infringement against another IPRs. Under the new Criminal Code , a legal corporate entities could be applied many sentences such as the suspension of operation, permanent shutdown, prohibition from operating in certain fields, prohibition from raising capital which are strict enough for forcing the infringers to give up their infringements. 2. The signs of crimes relating to the IPRs are very clear. Although, the Criminal Code 2015 used the sign of "on the commercial scale" which is the same with the Criminal Code 1999 and has not been guided clearly until now, the Criminal Code 2015 used another signs for settling the crimes on IPRs including i the illegal profit, ii the loss/damage of the holders/owners of copyrights, related rights and trademark, geographical indication or iii the amount of the violating goods. In addition, the history of crime or administrative violation of the infringers will be a legal basis for settling the violation. The quantities of these signs have been pointed out, therefore, it will be easy for the owners as well as the authority state bodies in settling the infringement actions against intellectual property. However, there are some issues that need to perfect in order to ensure the implementation of the new code relating to the IPRs as below – Regarding to the sign "on the commercial scale", this sign has been used for determining the crime on the IPRs in the Criminal Code 1999 which is amended and supplemented in 2009. This amendment has been made in order to accordance with the international treaties in which Vietnam is a member. However, there are no any regulations for detailed guidelines on this matter. It leads to the result that many IPRs infringement cases could not be handled and settled under the criminal procedure in many years. According to the statistics of the Ministry of Science & Technology, the number of violating intellectual property right cases has complicatedly increased in Viet Nam. Vietnam Trademark and branding infringement of famous brands occur in various fields from clothing, cigarettes, food and beverage, etc. to all kinds of industrial machinery. Counterfeit products are publicly sold in the market at half or even 1/3 of authentic products' prices. From 2012-2015, the authority state agencies received 18,329 cases with signs of intellectual property infringement, producing and trading counterfeit goods, with administrative penalty up to 73 billion Dong; prosecuted 120 cases of counterfeits and intellectual property infringement with 196 defendants. However, only 84 cases with 140 defendants have been indicted by the procuratorial authorities. – In regards of "illegal profit", currently there are no any regulations for determining what is the illegal profit in order to be legal basis for criminal procedure. Please note that "illegal profit" is absolutely different from "illegal gains" which is regulated at Article 37 of Law on handling the administrative violation and Circular No. 149/2014/TT-BTC. – Relating to "the loss/damage of the holders/owners", currently, this sign has been regulated in Decree No. 105/2006/ND-CP which has been amended and supplemented by Decree No. 119/2010/ND-CP. Therefore, we could determine the "the loss/damage of the holders/owners" of the IPRs based on this decree. The problem in this case is that in order to determine "the loss/damage", it is required to be evaluated by an examiner of an examination organization. However, there is only Vietnam Intellectual Property Research Institute VIPRI that is the examination organization in the field of Industrial Property Rights while there is no examination organization in the field of Copyright and Related rights. Therefore, it is required to establish an examination organization for Copyright and Related rights as soon as possible as well as the examination organizations need to complete the procedure for examining "the loss/damage"; In order to resolve the aforementioned issues, it is required to have the detailed guideline on this sign in the form of a joining circular among Ministry of Justice MOJ, Ministry of Public Security MPS, The Supreme People's Court of Vietnam SPC and The Supreme People's Procuracy of Vietnam SPP or only a resolution of Judge Council of SPC. To sum up, it is believed that the Criminal Code 2015 is an effective legal foundation against the crimes including the crimes on the IPRs in Vietnam. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. POPULAR ARTICLES ON Criminal Law from Vietnam Remedies When Chargesheet Is Filed Without ArrestMetalegal Advocates Various remedies are available to protect the liberty of a person who has not been arrested during investigation but is fearful of being taken into custody by the court upon his first appearance. THE NATIONAL ASSEMBLY ——– SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— The Law No. 91/2015/QH13 Hanoi, November 24, 2015 CIVIL CODE Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates a Civil Code. PART ONE GENERAL PROVISIONS Chapter I GENERAL PROVISIONS Article 1. Scope The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person hereinafter referred to as persons regarding personal and property rights and obligations in relations established on the basis of equality, freedom of will, independence of property and self-responsibility hereinafter referred to as civil relations. Article 2. Recognition, respect, protection and guarantee of civil rights In the Socialist Republic of Vietnam, all civil rights are recognized, respected, protected and guaranteed under the Constitution and law. Civil rights may be limited as prescribed in law in exceptional circumstances that due to national defense and security, social safety and order, social ethics and the community’s health. Article 3. Basic principles of civil law Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights. Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements. Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities. Each person must establish, exercise/ fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill and honesty. The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights and interests of other persons. Each person shall be liable for his/her failure to fulfill or the incorrect fulfillment of any such civil obligations. Article 4. Application of the Civil Code This Law is a common law that applies to civil relations. Any relevant law that applies to civil relations in specific fields may not be contrary to the basic principle of civil law prescribed in Article 3 of this Law. If another relevant law has no regulation or has regulations that infringe Clause 2 of this Article, the regulations of this Law shall apply. In cases where an international agreement to which the Socialist Republic of Vietnam is a signatory contains provisions different from the provisions of this Code with regard to a same matter, the provisions of such agreement shall apply. Article 5. Application of practices Practices mean rules of conduct obvious to define rights and obligations of persons in specific civil relations, forming and repeating in a long time, recognized and applying generally in a region, race, or a community or a field of civil. In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but they must not contravene the principles provided for in Article 3 of this Code. Article 6. Application of analogy of law In cases where an issue rises under scope of civil law which it is neither provided for by law nor agreed upon by the parties nor, nor applied by practices, analogy of law shall apply. In cases where it is impossible to apply analogy of law as prescribed in Clause 1 of this Article, basic principles of civil law provided for in Article 3 of this Code, case law, and justice shall apply. Article 7. State policies on civil relations 1. The establishment, performance and termination of civil rights and obligations must ensure the preservation of national identities, respect and promote good customs, practices and traditions, solidarity, mutual affection and cooperation, the principle of every individual for the community Related Acticle Decree This Decree set forth foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam as required by the articles and clauses… Vietnam land law 2013 This Law prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land Vietnam labour code 2019 Vietnam labour code 2019 - The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees Vietnam Law on Administrative Procedure 2015 Vietnam Law on Administrative Procedure 2015 - The Law on Administrative Procedures prescribes fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons Legal News Legal Document Hanoi Head-office 3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam info Ho Chi Minh city office Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam hcm SPEAK TO OUR LEGAL CONSULTANTS English speaking +84 9 61 67 55 66 Zalo, Viber, Whatsapp Vietnamese speaking +84 9 33 11 33 66 Ha Zalo, Viber, Whatsapp Hanoi Head-office Add 3rd Floor, Hoang Ngan Plaza Building, 125 Hoang Ngan,Trung Hoa, Cau Giay84 24 66 64 06 06 Ext 21 – Fax 84 24 66 64 05 05Mobile 84 933 11 33 66Email hanoi Ho Chi Minh city office Add Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street,District 4, HCM, Viet NamPhone +84 28 36 36 29 65‬ – Fax +84 28 36 36 29 75‬Mobile +849 61 67 55 66Email hcm © 2007-2021 Viet An Law The leading consultancy law, intellectual property, investment, tax & accounting firm in Vietnam VietlawLaw Proceedings - Criminal The Criminal Code 2015 Law No. 100/2015/QH13 dated November 27th, 2015 of the National Assembly on Criminal Code Posted 21/12/2015 92335 AM Latest updated 29/12/2021 110604 AM GMT+7 LuatVietnam 3885 Vietlaw 246 This Criminal Code takes effect from July 01st, 2016. One of the new points of this Criminal Code is the supplement of a separate Chapter which provides the regulations applied to commercial legal entities committing criminal offences Chapter XI Accordingly, a commercial legal entity shall only bear criminal responsibility if all of the following conditions are satisfied Article 75 i/ The criminal offence is committed in the name of the commercial legal entity; ii/ The criminal offence is committed in the interests of the commercial legal entity; iii/ The criminal offence is under instructions or approval of the commercial legal entity; iv/ The time limit for criminal prosecution has not expired. In addition, a commercial legal entity shall only bear criminal responsibility when he/she commits the criminal offences prescribed in Article 76 of this Code Forms of penalty applicable to commercial legal entities committing criminal offences include fine the minimum fine level is VND 50,000,000 Article 77, suspension of operation from 06 months to 03 years Article 78, permanent shutdown Article 79, prohibition from operating in certain fields Article 80, prohibition from raising capital Article 81, etc. An offending commercial legal entity may be exempt from punishment after the damage has been repaired and compensation has been paid Article 88 Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment, supplement to a number of articles of the Criminal Code shall be ineffective from the effective date of this Code. This Code takes effective from Jan 1st 2018 according to the notifying at Resolution No. 41/2017/QH14 dated 20/6/2017 Amendement notes See more the corrections provided in Dispatch No. 3613/UBPL13 dated January 11th, 2016. Ms Phuong Thao tag for reposting this article Related documents Timeline

vietnam criminal code 2015