Smart contracts prompt the need to improve the legal system
In Vietnam, when it comes to blockchain, people often think of virtual currency such as Bitcoin and Ethereum. But in fact virtual currency is just the first and most popular application of blockchain technology. Blockchain technology can be applied in innumerable domains, one of which is blockchain-based smart contracts. Smart contracts have been developed and are used in a variety of fields such as finance, banking, supply chain, healthcare, education, transportation, etc. The questions now are: what is the legality of smart contracts, can Vietnam’s contract law be applied to smart contracts, and in the future do we need to revise the current legal system to regulate smart contracts? This article will focus on analyzing, evaluating and clarifying the above issues.
Money laundering crimes on the rise: situation and solutions
The number of criminal cases showing signs of money laundering in Vietnam is on a rapid increase, reaching over 11,000 cases per year on average. In some cases, the appropriated money amount mounts to trillions of Vietnam dong. Every day, the Anti-Money Laundering Department of the State Bank of Vietnam receives, analyzes and processes thousands of reports on suspicious transactions.
Shaping a legal framework for cryptoassets in Vietnam
For the time being, there has been no unified definition of “cryptoasset” or “digital asset” or “virtual asset” in the world. According to the Financial Action Task Force (FATF), a global money laundering and terrorist financing watchdog, “a virtual asset is a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes.”[1] Canada’s model legislation regarding digital assets, the Uniform Access to Digital Assets by Fiduciaries Act, defines “a digital asset” as “a record that is created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means.”[2] Cryptocurrency (or virtual currency) is a form of cryptoassets (or virtual assets). There is also no unified definition of this term in the world.
Redefining criminal policies against the backdrop of the fourth industrial revolution
The fourth industrial revolution has brought about numerous opportunities and posed great challenges[1] to the society in general and criminal justice in particular as there are numerous important fields directly and deeply impacted by this revolution[2]. This requires a fresh perception of criminal policies, including criminalization and decriminalization policies, as well as a new approach in the prevention and combat of newly emerging crimes, which must be based on the Party’s viewpoints and guidelines, the State’s overall socio-economic and international integration policies and regulations[3], historical-traditional conditions and crime prevention and combat practice. The globalization of criminal jurisdiction also requires the State to develop new criminal policies and reorganize the criminal justice system in order to clearly identify, effectively prevent, respond to and combat newly emerging crimes, particularly those against the national security and sovereignty, social order and safety, human and citizens’ rights.
Cryptocurrencies to be strictly managed
To minimize risks of using cryptocurrencies for crimes, such as money laundering, terrorist financing, illegal transfer of money, tax evasion and trade fraud, the Prime Minister on April 11 issued Directive 10/CT-TTg to enhance the management of activities related to Bitcoin and other cryptocurrencies.