17/09/2025
โ๏ธDO LEGAL ENTITIES BEAR CRIMINAL LIABILITY IN VIETNAM?โ๏ธ
๐๐Many people believe only individuals can be prosecuted for crimes. However, under the Vietnamese Criminal Code 2015, certain commercial legal entities (companies, enterprises, and other profit-making organizations) may also bear criminal liability.
๐ 1. Legal Basis
๐ Clause 2, Article 2 of the Criminal Code 2015:
โOnly commercial legal entities that commit an offense prescribed in Article 76 of this Code shall bear criminal liability.โ
This means not all organizations are liable-only profit-oriented entities.
๐น 2. Scope of Liability
๐Under Article 76, legal entities may be prosecuted for crimes such as:
๐ Economic & financial crimes (smuggling, trading banned goods, producing counterfeits, IP violations).
๐ณ Environmental crimes (pollution, importing waste, destroying forests, harming aquatic resources).
โ ๏ธ 3. Conditions for Liability
๐A legal entity is criminally liable only when:
1๏ธโฃ The crime is committed in its name.
2๏ธโฃ The crime is for its benefit.
3๏ธโฃ There is direction or approval from the entity.
4๏ธโฃ The statute of limitations has not expired.
โ ๏ธ Note: Corporate liability does not exclude individual liability-both can be prosecuted.
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