Sunday, August 4, 2024

Defamation in Vietnam: When Words Can Land You in Hot Water 🔥


Etymology Corner 📚

The word "defamation" comes from the Latin "diffamare" - to spread evil report. Just like our ancient ancestors, modern society still grapples with the consequences of damaging someone's reputation!


The Case That Shook a Village 🏘️

In a small village in Vietnam, what started as a local election turned into
a full-blown criminal case that reminds us: words have consequences 😮

Background 🗓️

  • Date: November 6, 2020
  • Location: Ha Noi, Vietnam
  • Main Character: Mr. Lee (name changed for privacy)
  • The Trigger: A village chief election

What Happened? 🤔

Mr. Lee, unhappy with how a village election was proceeding, decided to take matters into his own hands - but not in the way you might expect! Instead of filing a complaint or discussing his concerns, he chose the path of... drumroll 🥁 anonymous defamatory flyers!

The Spicy Details:

  • Created 50 defamatory flyers
  • Recruited two accomplices
  • Targeted 14 villagers
  • Used false accusations and vulgar language
  • Distributed them throughout the village

Legal Consequences ⚖️

First Instance Judgment:

  • Prison Term: 21 months
  • Compensation: Required to pay damages
  • Additional Penalties: Court fees and civil damages

Appeal Judgment:

  • Reduced Prison Term: 12 months
  • Reason for Reduction:
    • Showed remorse
    • First-time offender
    • Voluntarily paid compensation
    • No prior criminal record

📊 Defamation Penalties in Vietnam

Defamation Acts -->
  1. Administrative Penalties --> Fines: 2-3M VND
  2. Criminal Penalties --> Prison: 3m-7y + Additional Fines 10-50M VND

Did You Know? 🤔

  • In Vietnam, defamation can be both a civil and criminal offense
  • Using social media for defamation can lead to higher penalties
  • Elderly victims (70+ years) result in harsher sentences
  • Truth alone is not a complete defense if the intent was malicious

Real-Life Examples 🏠

  1. Social Media Posts
  2. Business Reviews
  3. Community Gossip
  4. Political Discussions

Tips for Avoiding Legal Trouble 💡

  1. Think Before You Speak/Write
  2. Verify Information
  3. Consider Impact
  4. Keep Records
  5. Seek Legal Advice

Quick Quiz! 📝

  1. Q: What's the minimum fine for defamation in Vietnam?
    • A: 2 million VND for administrative violations
  2. Q: Can truth be a defense in defamation cases?
    • A: Not always. Even if the information is true, if shared with malicious intent to damage someone's reputation, it can still be considered defamation under Vietnamese law.
  3. Q: What factors can increase penalties?
    • A: Several factors can increase penalties:
      • Victim is over 70 years old
      • Using social media or electronic means
      • Targeting multiple people
      • Causing serious mental health impacts
      • Organized group activity
      • Victim attempts suicide due to defamation

Call to Action 🗣️

Have you encountered defamation in your community? Share your thoughts below! Remember: Let's keep the discussion respectful and legal! 😉

#VietnamLaw #Defamation #LegalRights #CriminalLaw #CommunityAwareness #LegalEducation #Justice


⚖️ Real legal case: the judgment number 478/2022/HS-PT , issued on May 30, 2022📜

(Source: congbobanan.gov.vn)

🚨 Fun But Serious: A Brief Legal Disclaimer 🚨

Hey there, legal explorer! 🕵️‍♂️ Before you go...

  • This article is like a map, not a teleporter 🗺️ It'll guide you, but won't zap your problems away!
  • Each legal journey is unique 🦄 Your mileage may vary!
  • For real-world quests, seek a professional legal wizard 🧙‍♂️ (May we suggest Thay Diep & Associates Law Firm?)

Remember: Reading this doesn't make you a lawyer, just like watching "Top Gun" doesn't make you a pilot! ✈️😉

#LegalInfo #NotLegalAdvice #ConsultAPro

 

Tuesday, July 30, 2024

Copy-Paste Catastrophe: When Arbitrators Play Ctrl+C, Ctrl+V! 🖥️⚖️


Hold onto your wigs, legal eagles! 🦅👨‍⚖️ The Singapore International Commercial Court (SICC) just dropped a bombshell that's shaking up the arbitration world faster than you can say "objection overruled"! 💣💼




The Great Arbitration Photocopy Fiasco 📠🕵️‍♂️

Picture this: An ICC arbitration panel, led by a seasoned judge-turned-arbitrator, thought they could pull a fast one by ctrl+c, ctrl+v-ing large chunks of two previous domestic arbitration awards into their shiny new international decision. Spoiler alert: It didn't end well! 😬


Why It's a Big Deal 🚨

The SICC wasn't amused by this copy-paste caper. Judge Simon Thorley, probably while facepalming 🤦‍♂️, ruled that:

1. The arbitrators didn't approach the case with an open mind (more like an open Word document, amirite? 📄)

2. The parties were robbed of their right to a "fair" and "unbiased" decision (talk about a miscarriage of justice! 👶⚖️)

3. Arguments from lawyers in the domestic cases were attributed to lawyers in the ICC case (identity theft is not a joke, Jim! 🕵️‍♂️)


The Case in a Nutshell 🥜

  • Who: International consortium vs. Indian state-owned company
  • What: Dispute over a $17 million labor cost increase
  • When: ICC panel ruled in favor of the consortium in November 2023
  • Plot Twist: SICC said "Not so fast!" and tossed out the award faster than a hot potato

  • The Moral of the Story 📚

    Even if cases seem similar, arbitrators can't just copy-paste their way to justice. Each case deserves its own unique, hand-crafted decision – no shortcuts allowed! ✍️

    Remember, folks: In the world of arbitration, originality isn't just appreciated – it's required! So next time you're tempted to recycle that old award, think twice. Your ctrl+c might just lead to a ctrl+alt+delete of your entire decision! 💻🗑️

    Want the full scoop? Check out the complete PDF fileNgọc Prinny style:

    https://www.elitigation.sg/gdviewer/sicc/2024_SGHCI_24


    #ArbitrationEthics #LegalOriginalityMatters #SingaporeLegalScene

    #ArbitrationFail #CopyPasteJustice #SingaporeLaw


    To Keep or Not to Keep: The Employee Data Dilemma 🤔💼

     Hey there, data guardians and HR superheroes! 🦸‍♀️🦸‍♂️ Ready to navigate the murky waters of employee data retention? Buckle up, because we're about to dive into the deep end of the data pool! 🏊‍♂️📊




    The Legal Lowdown: A Game of Catch-22 📜

    Imagine this: You've just bid farewell to an employee, but their data is still hanging around like that last party guest who doesn't get the hint. What's a conscientious employer to do? 🤷‍♂️

    Here's the scoopNgọc Prinny style:

    • Labor Code 2019: Silent as a mime on data retention. 🤐
    • Decree 13/2023/ND-CP: "Keep data only as long as necessary." But what's "necessary"? That's the million-dong question! 💰

    The Data Retention Dance: Steps to Success 💃🕺

    1. Define Your Purpose 🎯
      • Why are you keeping that data? For taxes? Legal stuff? Your annual office trivia night?
      • Set clear goals, like you're planning a space mission! 🚀
    2. Time It Right
      • How long is "just right"? It's not Goldilocks' porridge, but close!
      • Think dispute resolution timelines, tax audits, or how long it takes for office gossip to die down.
    3. Get the Green Light 🚦
      • Tell your employees what you're up to. No sneaky business!
      • Get their thumbs up 👍 (in writing, pretty please!)

    Pro Tips for the Data-Savvy Employer 🧠💡

    • When hiring: Lay out your data plans like you're explaining a treasure map. X marks the spot where we store your info! 🗺️
    • Leaving employees: Don't let them ghost their data. Get that final consent! 👻✍️
    • Always be ready to explain your data choices. It's like prepping for a pop quiz, but with heftier consequences! 📝💼

    The "Oops, I Forgot" Scenario 😅

    If you've been a bit forgetful about getting consent:

    • Time for a data disclosure speed round! 🏃‍♂️💨
    • Grab that consent faster than free donuts disappear in the break room! 🍩

    The Price of Data Negligence 💸

    Fail to play by the rules? Be ready to cough up:

    • A cool 80-120 million VND (that's a lot of phở, folks! 🍜)
    • Plus, a public apology. Time to practice your "sorry" face! 😔

    Remember, in the world of employee data, you're not just an employer – you're a data custodian, a privacy champion, and sometimes, a mind reader (what does "appropriate time" even mean?! 🔮).

    Stay sharp, stay compliant, and may your data retention policies be ever in your favor! 🏆

    #HRTech #DataPrivacy #EmployeeRights #WorkplacePolicies #VietnamLaborLaw


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