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Official Gazette

Monday, July 16, 2018
Personal liability and corporate liability under new Penal Code Personal liability and corporate liability under new Penal Code
On June 20, 2017, the National Assembly passed the revised Penal Code. It became effective on January 1, 2018. Several significant changes have occurred. Several acts, previously criminal, are no longer punishable. On the other hand, several previously innocent acts have been criminalized. One very large change is that an enterprise-not just an individual-may now be guilty of a crime1.
Corporate penal liability in Vietnam Corporate penal liability in Vietnam
The 2015 Penal Code marks a great progress in the country’s criminal justice by holding commercial legal entities liable for their criminal acts. Its novel provisions create a legal basis for the fight against criminal acts committed by commercial legal entities in recent years as well as for international cooperation on combating crime, especially transnational organized crime.
New Criminal Procedure Code better protects human rights New Criminal Procedure Code better protects human rights
Though promulgated in 2015, the new Criminal Procedure Code took effect on January 1, 2018, like the 2015 Penal Code (revised in 2017). This article browses specific changes in the Code designed to better protect human rights and citizens’ rights in criminal proceedings
An IP court in Vietnam needed: official An IP court in Vietnam needed: official
The establishment of an intellectual property (IP) court in Vietnam is in sight but has yet to be completed, a deputy chief inspector of the Ministry of Science and Technology (MOST) has said.
Notable changes in the new Penal Code at a glance Notable changes in the new Penal Code at a glance
This article summarizes significant changes in the 2015 Penal Code and its revisions in 2017, including penalizing commercial legal persons for committing certain crimes, scrapping the crime of illegally doing business, and criminally charging corruption-related offenders in the private sector.
IPR-related crimes under the Penal Code IPR-related crimes under the Penal Code
The Law Amending a Number of Articles of the 2015 Penal Code (the Code) tool effect on January 1, 2018. The new legal texts provide more drastic measures for IP rights holders and enforcement bodies to fight IP infringements in general and software piracy in particular.
Exclusive choice of court agreements under Vietnams Civil Procedure Code Exclusive choice of court agreements under Vietnam’s Civil Procedure Code
The 2015 Civil Procedure Code of Vietnam has for the first time provided for the right to choice of court agreement in cross-border litigation. This article points out that such provision is inadequate and needs specific guidance to ensure uniform understanding and application.
New legal mechanism to boost fight against customs-related crimes New legal mechanism to boost fight against customs-related crimes
Some new laws concerning the fight against crimes in the customs sector will take effect next year. This article introduces the provisions of these laws, highlighting the competence and duties of customs authorities.
Position-related crimes under the new Penal Code Position-related crimes under the new Penal Code
This article analyzes new provisions in the 2015 Penal Code concerning position-related crimes, which are expected to give more teeth to the fight against corruption in the country.
Guarantee of human rights under the new Penal Code Guarantee of human rights under the new Penal Code
Under the recent universal periodic review, the United Nations Human Rights Council has appreciated the achievements recorded by Vietnam in realizing its commitments on human rights. It has also made hundreds of recommendations for Vietnam to better protect and guarantee human rights, 182 of which are accepted by the country. In criminal justice, 17 recommendations of the UNHRC are directly related to the formulation and revision of the 2015 Penal Code.

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