Translator：Xiong Yajie

Criminal compliance is an important part of the construction of Sòng bài casino ở Việt Namompliance systems. On September 15, 2023, Landing Law Offices launched a special event on Sòng bài casino ở Việt Namompliance with LexisNexis, inviting more than 40 people from finance, automobiles, aviation, machinery manufacturing, science and technology innovation and other industries to focus on the compliance system construction, identification of commercial bribery, internal anti-fraud investigations, etc., systematically analyze the key points of Sòng bài casino ở Việt Namompliance, answer questions related to special practices, and help companies establish a criminal compliance system.

01

Sòng bài casino ở Việt Namompliance system construction and the cooperation and response of administrative enforcement

Lawyer Ou Zhang

Lawyer from Landing Law Offices

Legal Aid Lawyer of China Legal Aid Foundation

Lawyer Ou Zhang started from the case and vividly demonstrated the relationship between administrative enforcement and compliance. There are widespread Sòng bài casino ở Việt Namompliance points in administrative enforcement. After a company is punished, it is even more necessary to comply with the regulations in order to operate well in the future.

When an enterprise may be subject to administrative penalties, it should evaluate from three aspects: first, self-assess whether it constituteSòng bài casino ở Việt Namn administrative violation based on its own actual situation; second, whether the consequences of administrative penalties can be tolerated; third, whether there iSòng bài casino ở Việt Nam criminal risk.

In the face of administrative penalties, the first response measure for enterprises is to cooperate with the requirements of enforcement departments, have a good attitude, and actively prepare evidence; secondly, while cooperating, they must also actively exercise their rights. For example, they can apply for a hearing if there is hearing procedures; thirdly, seek help from lawyerSòng bài casino ở Việt Namnd predict possible consequences, find defense pointSòng bài casino ở Việt Namnd breakthrough points; finally, formulate response strategies based on specific situations.

02​

Characteristics of Sòng bài casino ở Việt Namry and Judicial Identification Standards

Lawyer Ren Wang

Lawyer from Landing Law Offices

Member of Criminal Compliance Committee of Shanghai Bar Association

Lawyer Ren Wang explained the conceptual featureSòng bài casino ở Việt Namnd judicial identification standards of commercial bribery from the perspective of criminal law.

Commercial bribery mainly takes the form of rebates, that is, in the sale of goods or services, the seller returns the price paid by the buyer to the buyer or the buyer'Sòng bài casino ở Việt Namgent. In practice, rebateSòng bài casino ở Việt Namre often similar to discountSòng bài casino ở Việt Namnd commissions.

In addition, lawyer Ren Wang also focused on explaining the five major misunderstandingSòng bài casino ở Việt Nambout commercial bribery:

First, there iSòng bài casino ở Việt Nam misunderstanding that explicit acceptance and recording it in the financial accounts is not commercial bribery, and the essential basis for judging commercial bribery is whether it is truthfully recorded in the accounts. No matter what kind of behavior, as long as the purpose of such inducement is for a deal and affects other competitors' fair competition in terms of quality, price, service, etc., it constitutes commercial bribery.

Second, they mistakenly believe that non-profit institutionSòng bài casino ở Việt Namre not bribe-receiving entities. In trading activities, as long as the party receiving property can participate in market competition aSòng bài casino ở Việt Nam transaction party and can have an impact on the market, it can become the subject of commercial bribery.

Third, it is mistakenly believed that the objects of commercial bribery are limited to the counterparty of the transaction. The transaction counterparty of an operator can also be other relevant entities that can affect the transaction, such as evaluation agencieSòng bài casino ở Việt Namnd other organizationSòng bài casino ở Việt Namnd their staff.

Fourth, it is mistakenly believed that without “job status”, there is no “job convenience”. Close relativeSòng bài casino ở Việt Namnd other closely related persons of state workers may also commit crimes.

Fifth, they mistakenly believe that Sòng bài casino ở Việt Namry means collecting money to do things. The crime of Sòng bài casino ở Việt Namry does not require the perpetrator to actually seek benefits for others, nor does it require the perpetrator to actually obtain the "bribe" at the time.

03

Internal anti-fraud investigation, criminal prosecution and practical case sharing

Lawyer Lei Guo

Lawyer from Landing Law Offices

Member of Internal Control and Anti-Fraud Research Association of Shanghai Law Society

Lawyer Lei Guo first shared with everyone the corporate anti-fraud investigation.

Anti-fraud refers to the behavior of deliberately deceiving and concealing facts or important information in order to obtain some unfair or illegal economic benefits. It involves bribery, misappropriation of company property, selling business secretSòng bài casino ở Việt Namnd taking advantage of one'Sòng bài casino ở Việt Namuthority to seek illegitimate benefits.

For enterprises, internal fraud may lead to direct economic losses, damage to public image and market reputation, and other consequences. Therefore, enterprise anti-fraud is of great significance. The establishment of an anti-fraud system is particularly important for large-scale domestic private enterprises, foreign-invested enterprises in China, and entrepreneurial enterprises in emerging domestic industries.

In addition, lawyer Lei Guo also shared tips on reporting economic crimes.

It is difficult to report an economic investigation case. The first thing is to clearly define the purpose of the accusation, accurately characterize it, make accurate accusations, and choose factSòng bài casino ở Việt Namnd charges that are easier to prove. If a group of people commitSòng bài casino ở Việt Nam crime, the most important suspect will be selected. Select at least two main criminal facts so that the success rate of reporting the crime will be increased. In addition, a third party is entrusted to conduct appraisal or accounting audit. When choosing the public security agency to report a crime to, company should choose a reporting place with a higher success rate based on the actual situation. After reporting a case, company must ask for a receipt of case acceptance. After the public security agency accepts the case, company must actively cooperate with the investigators. At the same time, criminal accuserSòng bài casino ở Việt Namnd lawyers should also pay attention to self-protection and guard against their own risks.