Tiếng Việt
English
SUBCRIBE NEWSLETTER
 |
Newsletter
Search
question and answer
Hit counter   |
Users online |
Page loadtime    |
question and answer
:: 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 :: When shareholding companies proposes to issue more shares to increase their Charter Capital, pursuant to laws and regulations of Vietnam, which percentage between the capital proposed to be issued and the current Charter capital? Is there any limitation on the capital proposed to be increased within a year? (16/03/2010)
- » Question :: Some enterprises have recently issued convertible bonds in the Stock Market. What is the convertible bond and conditions to issue convertible bonds ? (07/03/2010)
- » Question :: Shares of my Company are listed on the HOSE. The enterprise intended to increase its charter capital under the form of issuing additional shares to offer investors in 2009. Nevertheless, when the enterprise registered the dossier to increase its charter capital with the competent Planning and Investment Department, this competent authority did not accept the vote counting minutes, which collects the shareholders’ written opinion. As a result, the Planning and Investment Department requested the enterprise to supply the copy of the Minutes of the General Meeting of Shareholders of the Company. Please kindly advise how the law regulates this case? (04/03/2010)
- » Question :: We are a bank accepted by the State Securities Commission (SSC) to issue share to public to increase the charter capital. Under the applicable regulations, the invested capital by the Investors to purchase shares of an enterprise must deposit in an escrow bank account at a commercial bank (CB). Please kindly advise whether we are permitted to open such bank account at our bank or not? (24/01/2010)
- » Question :: Under the event that the Investor sells the securities which are on their ways to the account of the Investor, is it considered a short sell or not ? (20/01/2010)