1. Criminal responsibility for corporate legal entities
A corporate legal entity shall only bear criminal responsibility for the crimes defined in Article 76 of the 2015’s Criminal Code, such as: tax evasion, evasion of social insurance, health insurance, unemployment insurance payment for employees, etc.
The punishments against a corporate legal entity in violation of criminal laws include:
- Fine is imposed as a primary or additional punishment; however, the fine must not fall under VND 50,000,000.
- Operations are suspended from 06 months to 03 years or terminated permanently in one or some fields in which the corporate legal entity commits violation(s).
- Prohibition from business operation in certain fields may be applied from 01 to 03 years.
- Prohibition from raising capital may be applied from 01 to 03 years.
- Judicial measures against corporate legal entities committing criminal offences are defined in Article 82 of the 2015’s Criminal Code.
Details of regulations on corporate legal entities committing crimes are prescribed under Chapter XI of the 2015's Criminal Code.
2. Criminal prosecution against juridical persons
The procedures for criminal prosecution against juridical persons are defined in Chapter XXIX of the 2015’s Criminal procedure code.
Investigation authorities, procuracies and courts can implement the following coercive measures against a juridical person charged, investigated, prosecuted or tried:
- Distrainment of assets;
- Freezing of accounts;
- Suspension of operations in limited time;
- Imposition of a pecuniary guarantee for the enforcement of sentences.
Details of the procedures for pressing charges, investigation, prosecution and adjudication in the 2015’s Criminal Procedure Code.
3. Prohibition from obstructing defense counsels during the course of a criminal investigation
The 2015's Law on organization of criminal investigation bodies regulates a variety of prohibited acts concerning criminal investigation, such as:
- Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with laws.
- Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid.
- Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals.
Details are available in Article 14 of the 2015’s Law on organization of criminal investigation bodies.
4. Prohibition from hindering detainees' right to defense
The 2015's Law on temporary detention and custody regulates these prohibited acts regarding temporary detention and custody:
- Execute the torture, coercion, corporal punishment and the forms of brutal and inhumane treatment and punishment, and human humiliation against persons held in temporary detention or custody.
- Hinder the persons held in temporary detention or custody to exercise their rights of family visitation, defense, legal assistance, consular contact, complaint, denunciation, human rights.
- Illegally detain or release the persons in temporary detention or custody; commit violation in managing, guarding and escorting the persons held in temporary detention or custody.
Details of prohibited acts are available in Article 8 of the 2015’s Law on temporary detainment and custody.
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