Crime of Using Inside Information to Trade Securities
1. Any person who has knowledge of information relating to a public company or a public fund that has not yet been disclosed, which, if disclosed, may have a significant impact on the price of securities of such public company or public fund, and who uses such information to trade securities, or discloses, provides such information, or advises others to trade securities on the basis of such information, thereby obtaining illicit gains from VND 300,000,000 to under VND 1,000,000,000 or causing damage to investors from VND 500,000,000 to under VND 1,500,000,000, shall be subject to a fine ranging from VND 500,000,000 to VND 2,000,000,000 or imprisonment from 06 months to 03 years.
2. If the offense falls under any of the following circumstances, the offender shall be subject to a fine ranging from VND 2,000,000,000 to VND 5,000,000,000 or imprisonment from 02 years to 07 years:
a) Committed in an organized manner;
b) Illicit gains of VND 1,000,000,000 or more;
c) Causing damage to investors of VND 1,500,000,000 or more;
d) Dangerous recidivism.
3. The offender may also be subject to an additional fine ranging from VND 50,000,000 to VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, or prohibition from performing certain jobs for a period of 01 year to 05 years.
4. A commercial legal entity committing this crime shall be subject to the following penalties:
a) If the offense falls under Clause 1 above, a fine ranging from VND 1,000,000,000 to VND 5,000,000,000 shall be imposed;
b) If the offense falls under Clause 2 above, a fine ranging from VND 5,000,000,000 to VND 10,000,000,000 shall be imposed;
c) The commercial legal entity may also be prohibited from conducting business, prohibited from operating in certain sectors, or prohibited from raising capital for a period of 01 year to 03 years.
Legal Basis:
Article 210 of the Penal Code 2015;
Point i, Clause 1, Article 2 of the Law Amending and Supplementing a Number of Articles of the Penal Code 2017.
