CASE ANTI CORRUPTION AND CORPORATION COMPLIANCE OF DA.GROUP
How to fix the corruption in the company, especially in multinationals companies. We, Aplus Law, are proud to successfully advise clients on anti-corruption and corporate internal compliance
[MAIN CONTENT]
Also, The Group in Korea specializing in the field of Education, Da. Group., similar to the first case, the CEO in Vietnam also embezzled property, managed many assets. For years, all the money from the rent of the educational system’s premises, learning equipment, services with suppliers, etc., has been overestimated or overestimated in order to appropriate the company’s assets. In the end, this education system investor lost more than 3 million dollars and collapsed the whole education system in Vietnam because it could not recover from this serious manipulation.
[LEGAL ISSUES]
Acts such as Attorneys must “lubricating”, business executives must “under the table” are all acts that have signs of constituting Embezzlement (Article 353), Giving bribes (Article 364), Taking bribes (Article 354) is defined in the Penal Code 2015
[ATTORNEY’S SOLUTION]
In the above cases, when the Group discovered it, the matter was too serious, the subsidiary was facing a lot of problems with losses, the human resource system was corrupt, and the suppliers could not be trusted, even at the risk of becoming accomplices in cases of Giving bribes.
- Building an ANTI-CORRUPTION legal framework to ensure the company’s operations in the future:
- Establish a system of regulations, disseminate regulations related to the COMPANY’s ANTI-CORRUPTION POLICY for employees and all suppliers of the company.
- Changing the operating mechanism, building a monitoring system: Adding personnel to cross-check transactions; An independent lawyer who properly practices law is the Supervisor of the company’s transactions.
- Consulting investors to change company personnel.
- Solving the consequences of corruption:
- Collect evidence to prove the crime, report the crime to the investigating agency.
- Assess the ability to affect the brand value of the company as well as the company’s stock price.
- In case there is a risk of forced dissolution or bankruptcy, then find a way to transfer the capital of company to other investors.
[SOME NOTES]:
- When an Attorney expresses clearly or just expresses his will implicitly that he must be “under table”, must bridge to complete the case, immediately refuse to cooperate with him because:
- The behavior of the lawyer representing the client, so that if they commit a crime, the Client may also be at risk of becoming an accomplice.
- Cooperating with a lawyer is the first important thing, the wrong first Step will have a great risk of causing unpredictable consequences like the above cases.
- Despite having more experience and outstanding financial position than domestic investors, when foreign investors invest in Vietnam, investors maybe still fail because one of the main reasons is that they cannot control risks good management of fraud and corruption in enterprises.
[THE TRUST IN APLUS LAW]:
- We fully understand how serious the effects of corruption can be on business operations. The consequences that it leaves are sometimes irreversible like the typical cases we have mentioned.
- [Aplus Law] knows how to practice properly to bring sustainable value for clients.
- [Aplus Law] will help clients eliminate legal risks and enjoy life-long legal peace of mind.
- Only can cooperate with Attorney who BELIEVES – UNDERSTAND – KNOW HOW TO DO THE RIGHT, then the Clients can build a strong team to develop the company in a sustainable way.
- Attorneys of Aplus Law have over 10 years of experience in practicing law in the right way, we are confident to bring good value to each client that we accompany.
#Fight The Corruption- Up The New Value!