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:: Question :: We are a securities company (SC) which is conducting the procedures for registration of electronic transaction services at the State Securities Commission of Vietnam (the SSC). Please kindly advise the regulations on circumstances where SSC discloses confidential information on our information technology system that was invested by us with a huge investment amount, such as the compensation for damages
Answer:
Pursuant to Article 604 and 619 of the 2005 Civil Code, in case the SSC intentionally or unintentionally causes harm to the SC during the registration of the online transactions services, the SSC must compensate for damage pursuant to the civil regulation on non-contractual damages.
Please also be advised that in order to claim for damages, the SC must prove evidence expressing that the action of the SSC is unlawful activities, which have caused the actual damages to the SC.
Accordingly, the SC must list the actual damage items, request the amount of compensation and must provide valid invoices or receipt on lawful costs and expenses that the SSC caused to the SC and damaged income of the SC (Pursuant to Article 608 of the 2005 Civil Code and the Resolution No. 03/2006/NQ-HDTP dated July 08, 2006).
orther:
- » Question :: Please kindly advice in which cases public companies must make an extraordinary disclosure of information? (01/10/2009)
- » Question :: Our company is a listed company on Hanoi Stock Exchange. During our operation, we have technological and business secrets needed to secure absolutely. However, a number of staff who no longer works for our company has known such confidential information. Thus, what should we do to force such staff to keep confidentiality? (18/09/2009)
- » Question :: We are a group of small investors holding the shares in a number of public companies. As known, on June 24, 2009, State Securities Commission (SSC) issued Official Letter No. 1234/UBCK-QLPH on checking the charter of public companies. This Official Letter enforces public companies to check their Charter and plan to adjust any regulations contrary to the current law during the annual General Meeting of Shareholders (GMS) of year 2009. After this term, any public company whose charter still contraries to the law shall be punished according to the law. Please kindly advise how the laws deal with this case? (11/09/2009)
- » Question :: In the Charter of Joint stock company C (“Company C”) that we are a shareholder, there is one regulation as below: “Shareholder A (being an organization) holding four per cent (4%) total amount of shares of the Company C shall have the rights: approving the Charter of the Company; supplementing, amending the Charter of the Company when necessary; making a decision on annual development strategy and business plant; making a decision on increasing the Charter capital of the Company. Please advise whether such regulation is in compliance with law? (21/08/2009)
- » Question :: I am a member of Board of Management (BoM) of a Joint Stock Company that was equitised since 2007 and has less than 100 investors and less than VND10 billion of the charter capital. Since there, my company has transferred shares 03 times leading to 03 replacement of the Chairman of BoM. However, for each time of replacement I was not officially informed in writing. Do the laws have any obligatory regulations on asking members’ opinion when replacing the Chairman of BoM? What is the procedure if the Chairman or members of BoM transfer their shares when they are in office or the time limit of three years for restriction of share transfer is not due? ... (07/08/2009)