CRIMINAL RESPONSIBILITIES FOR CRIME IN THE SECURITIES FIELD IN VIETNAM - LOOKING FROM THE REQUIREMENTS FOR SUSTAINABLE DEVELOPMENT OF THE STOCK MARKET

Abstract

The stock market is the place where investors buy and sell securities to seek for profit. Subjects of securities transactions - evidence confirming the legal rights and interests of owners for assets or capital of the issuing organization, associated with property rights (rights to receive dividends and other rights associated with the issuing organization's securities ownership) and moral rights, the most important of which is the right to decide important issues of the company. In the organization and operation of the stock market, the need for publicity and transparency in information is important for making investment decisions. Profiteering from not complying with the obligation to disclose information, taking advantage of the internal information to buy or sell securities for self-seeking or dishonest purposes in the sale and listing dossiers securities ... have seriously affected investors' confidence in the market. From the principle that a person (including individuals and legal entities) commits a crime which has been newly regulated by the Penal Code, is criminally responsible, even though the Law on Securities 2006 and Amendment Law in 2010 stipulates that many acts are committed violation of laws in securities activities may be prosecuted for criminal liability, the criminal prosecution of criminal offenses in the field of securities and securities market shall only be applied to criminals regulated by the Penal Code.