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Official Gazette

Tuesday, January 31, 2023
Tags: 2015 Penal Code
Multilevel marketing-related crime under Penal Code Multilevel marketing-related crime under Penal Code
In the present reality, it remains difficult for law enforcement agencies to distinguish the crime of violating regulations on multilevel marketing (MLM) activities (specified in Article 217a of the 2015 Penal Code (the Code)) from the crime of appropriating property through swindling or deceiving customers (specified in Article 174 or 198 of the Code) and even from similar civil disputes, due to lack of explicit grounds. In this Article, the authors analyze and clarify the Code’s provisions on MLM-related crimes as well as their inadequacies and make some recommendations for improving those provisions with regard to the crime constituents.
Juvenile justice principles under criminal procedure and penal laws Juvenile justice principles under criminal procedure and penal laws
In this article, the author provides an insight view of fundamental statutory principles for adjudication of offenders aged under 18 years as per the 2015 Criminal Procedure Code and the 2015 Penal Code, with practical problems and limitations encountered by courts, and makes recommendations for better guaranteeing the juvenile justice in conformity with international legal practices.
Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law
As recommended by the International Human Rights Committee, member states should clearly specify the time limit for temporary holding in custody or detention of persons arrested in criminal proceedings. At the same time, when exercising the right to detain or arrest people for custody or temporary detention as preventive measures, competent agencies must secure the rights of the accused and defendants in accordance with law, including the right to have access to legal aid; right to be informed; and right to obtain court rulings on whether the custody or temporary detention is lawful or unlawful.
Personal data protection in Vietnam - Road ahead Personal data protection in Vietnam - Road ahead
It can be said that Vietnam’s legal provisions on protection of personal data are rooted in the right to privacy - a fundamental human right. There is a general principle enshrined in all provisions on personal data protection in Vietnam’s legal documents: personal data is protected and other subjects may use personal data only if data subjects so agree, unless otherwise provided by law; violators are subject to administrative and criminal penalties, and data subjects suffering from personal data intrusion are entitled to damages.
Protection of female victims under criminal procedure law Protection of female victims under criminal procedure law
This article analyzes the provisions on guarantee of rights and interests of female victims under the 2015 Criminal Procedure Code and proposes solutions for intensifying the protection of women as a vulnerable group in conformity with international law and legal conditions of Vietnam.
Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam
Corporate bonds are a hot topic in recent days as many big companies have issued corporate bonds for raising capital. This article analyzes current regulations on corporate bonds and loopholes therein and offers recommendations to protect investors in Vietnam’s bond market.
Penal liability of legal persons for polluting acts under Vietnams penal code Penal liability of legal persons for polluting acts under Vietnam’s penal code
Environmental pollution has not only caused damage to property and human health and life but also exerted great adverse impacts on the national economy. Criminal laws of Vietnam contain provisions on handling on legal persons’ acts of polluting the environment, covering the examination of their penal liability.
Protection of women under the Penal Code1 Protection of women under the Penal Code[1]
At present, the 2015 Penal Code (revised in 2017) (the Code), as the only source of Vietnam’s penal law, clearly expresses the State’s policies to protect women and translates into domestic laws international standards on the protection of women.
Fatal child abuse case necessitates a stronger protection system for children Fatal child abuse case necessitates a stronger protection system for children
Vietnam's current law has so far identified acts of child abuse and at the same time devised penalties for violators. However, it seems not enough to guarantee the safety for children. According to experts, the alarming child abuse in the country is attributable to several causes, such as misconception of child discipline, social indifference of child violence, and light penalties for perpetrators.
Exercise of the right to freedom of enterprise in the sharing economy Exercise of the right to freedom of enterprise in the sharing economy
The Fourth Industrial Revolution has led to emergence of new business lines based on digital platforms following the model of sharing economy (Grab, peer-to-peer lending, ride and accomodation sharing, etc.). However, enterprises engaged in such business lines are encountering numerous difficulties due to incompleteness of the existing legal framework concerning this issue. This article brings an insight into the realization of the right to freedom of enterprise in the sharing economy in Vietnam and gives recommendations for promoting the development of this model in the country.

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