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Chapter 4

The document outlines various legal provisions related to criminal offenses, administrative violations, and civil rights in Vietnam. It specifies penalties for narcotics-related crimes, traffic violations, and sexual offenses, as well as regulations regarding civil legal capacity and the rights to private life. Additionally, it addresses the responsibilities of employers and investors, along with the handling of disputes involving foreign investors.
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0% found this document useful (0 votes)
10 views5 pages

Chapter 4

The document outlines various legal provisions related to criminal offenses, administrative violations, and civil rights in Vietnam. It specifies penalties for narcotics-related crimes, traffic violations, and sexual offenses, as well as regulations regarding civil legal capacity and the rights to private life. Additionally, it addresses the responsibilities of employers and investors, along with the handling of disputes involving foreign investors.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter 4: Group excercise

1. Any person who entices, instigates or by various tricks entices others


to illegally use narcotics shall be sentenced to imprisonment from 1 year
to 5 years.
2. Subjects to administrative handling measures are individuals specified
in Articles 90,92,94 and 96 of this Law. (Article 5, Law on handling of
administrative violations 2012, amended and supplemented in 2020).
3. The change of surname, name and nationality must be registered at
the competent state agency in charge of civil status (Article 65, Civil
Code 2015).
4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be
imposed on investors who commit acts of investing in state capital
business without being approved by the appraisal competent agency to
use state capital for investment. (Clause 1, Article 23 of Decree
53/2007/ND-CP).
5. In case the guarantor fails to perform or improperly perform its
obligations, the guarantor must perform such obligations (Article 335,
Civil Code 2015).
6. A fine ranging from VND 60,000 to VND 100,000 / shall be imposed
on pedestrians/ who commit one of the following violations: a) Failing
to follow the prescribed part of the road; crossing the divider; crossing
the road at the wrong place or failing to ensure safety; b/ Failing to obey
orders or instructions of signal lights, signs and road markings c/ Failing
to obey orders and instructions of traffic controllers or traffic controllers;
d/ Carrying or carrying bulky objects that obstruct traffic. (Clause 1,
Article 9 of Decree 100/2019/ND-CP stipulates penalties for
administrative violations in the field of road and railway transport).
7. Disputes between foreign investors and competent state agencies
related to business investment activities in the Vietnamese territory shall
be settled through Vietnamese arbitration or Vietnamese courts, unless
otherwise agreed upon under contracts or treaties to which the Socialist
Republic of Vietnam is a contracting party different. (Clause 4, Article
14 of the Law on Investment 2014)
8. The employer has the right to choose the form of payment according
to time, product or contract. The chosen form of pay must be maintained
for a certain period; In case of change in the form of salary payment, the
employer must notify the employee at least 10 days in advance.
9. Where the contract does not contain specific provisions, goods shall
be considered inconsistent with the contract when such goods fall into
one of the following cases: a/ Being inconsistent with the normal use
purposes of goods of the same type; b) It is not suitable for any
particular purpose that the buyer has told the seller or the seller must
have known at the time of entering into the contract; (Points a & b,
Clause 1, Article 39 of the 2005 Commercial Law).
10. A fine ranging from VND 1,200,000 to VND 2,000,000 shall be
imposed on a vehicle driver who commits one of the following
violations: a/ Failing to obey traffic signals; b/ Failing to obey orders
and instructions of traffic controllers.
11. Cadres and civil servants are entitled to annual leave, public holidays
and leave to settle their own affairs in accordance with the provisions of
labor law. In case due to the requirements of their duties, cadres or civil
servants do not use or do not use up all the annual vacation days, in
addition to the salary, an additional amount equal to the salary for the
non-vacation days shall be paid. (Article 13 of the Law on Cadres and
Civil Servants 2008, amended and supplemented in 2019 and the Law
on Public Employees 2020).
12. In case there is no heir under the will, according to law or there is
but is not entitled to the estate or refuses to receive the estate, the
property remaining after fulfilling the obligation on the property without
an heir belongs to the State. (Article 622 of the Civil Code 2015).
13. Committing an offense in one of the following cases, shall be
punished with imprisonment from 05 years to 12 years: a/ For 02 or
more persons; b/ For persons under 16 years of age, women who are
known to be pregnant. (Clause 2, Article 130 of the Penal Code 2015
(amended and supplemented in 2017)).
14. The performer who is also the investor shall have moral and property
rights to the performance; In case the performer is not also the investor,
the performer has moral rights and the investor has property rights to the
performance. (Article 29 of the Law on Intellectual Property 2005).
15. Conditions for offering shares to the public include: a) Enterprises
with charter capital contributed at the time of registration of offering for
sale of ten billion VND or more calculated according to the value stated
above.
16. In case the obligor is unable to perform part or all of its obligations,
making the purpose of the obligee unattainable, the obligee may cancel
the contract and claim compensation for damages. (Article 425 of the
Civil Code 2015)
17. Any person who is directly responsible for the maneuver or for the
technical condition that permits the introduction into operation of
aircraft or equipment to ensure flight operations clearly fails to ensure
technical safety, shall be sentenced to imprisonment from 1 year to 5
years (Article 262 of the 2015 Penal Code, amended 2017).
18. When the obligee delays in receiving the object of the obligation
which is property, the obligation shall be fulfilled at the time the
property has been deposited and kept at the place of deposit in
accordance with the provisions of Clause 2, Article 355 of this Code.
19. Human rights and citizens' rights may only be restricted by law in
cases of necessity for reasons of national defense, security, social order
and safety, social morality and public health (Article 14 of the 2013
Constitution).
20. Any person who entices, instigates or by other means aims to entice
others to illegally use narcotics, shall be sentenced to imprisonment from
1 year to 5 years.
21. Committing an offense in one of the following cases, shall be
punished with imprisonment from 5 years to 10 years:
a. Organized.
b. Committed 02 or more offenses.
c. For despicable motives or self-interest.
d. For persons from full 13 years old to under 18 years old.
e. For women who are known to be pregnant.
22. No person shall be arrested without the decision of the People's
Court, the decision or approval of the People's Procuracy except in the
case of flagrant crime. The arrest and detention of persons shall be
prescribed by law (Article 20 of the 2013 Constitution).
23. The pledge shall be cancelled if agreed by the pledgee (Article 304
of the 2015 Civil Code).
24. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be
imposed on investors who commit acts of investing in state capital
business without being approved by a competent state agency for
appraisal to use state capital for investment (Clause 1, Article 23 of
Decree 53/2007/ ND- CP).
25. Contents of civil legal capacity of individuals:
1. Moral rights are not attached to property and moral rights are attached
to property
2. Ownership, inheritance and other rights to inheritance
3. The right to participate in civil relations and have obligations arising
from such relations (Article 17, Civil Code 2015).
26. Everyone has the right to confidential correspondence, telegrams and
other forms of private information exchange.
No one shall illegally open, control or seize other people's mails,
telephones, telegrams and other forms of private information exchange
(2013 Constitution).
27. Everyone has the inalienable right to private life, personal secrets
and family secrets, and has the right to protect their honor and
reputation.
Information about private life, personal secrets and family secrets is
guaranteed safe by law (2013 Constitution).
28. Any person who uses force, threatens to use force or takes advantage
of the defenseless condition of the victim or other tricks to copulate or
perform other sexual acts against the victim's will shall be punished with
imprisonment from 2 years to 7 years.
29. Committing an offense in one of the following cases shall be
punished with imprisonment from 7 years to 15 years:
a. Organized
b. For persons for whom the offender is responsible for caring, educating
and curing diseases
c. Many people rape one person
d. Committing 02 or more crimes
e. Of an incestuous nature
f. Making the victim pregnant
g. Causing injury, harm to health or causing mental and behavioral
disorders of the victim with a rate of bodily injury ranging from 31% to
60%
h. Dangerous recidivism.
30. Committing an offense in one of the following cases, shall be
punished with imprisonment from 12 years to 20 years or life
imprisonment:
a. Causing injury, harm to health, or causing mental and behavioral
disorder of the victim with a rate of bodily injury of 61% or greater
b. Knowing you have HIV and still committing a crime
c. Causing the victim to die or commit suicide.

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