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To find the answer to the question: Who will suffer losses when the Ministry of Information and Communications withdraws the license to operate social networks of the website Haivl.com? One World had an interview with Attorney Truong Thanh Duc, Chairman of the Board of Members of Basico Law Firm.
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Day 24/10 social networking sites Haivl.com have officially had their licenses revoked and there is an opinion that the transfer transaction of this website was between Mr. Vo Thanh Quang and the Online Advertising Company. 24 hours is against the law. Please give your opinion on this?
I don’t know what’s on the inside, but if you look at it from the outside, There is nothing illegal about this transaction. According to previous regulations, domain names were not allowed to be transferred, but now they are allowed.
Besides, this is a brand asset so if It is possible to negotiate an acceptable price with each other or include licensing conditions to maintain the brand and other legal conditions.
Of course, if the transfer transaction takes place before the date Haivl.com website’s license is revoked, it is still a legal transaction.
Mr. Vo Thanh Quang – previous owner of Haivl website has confirmed that the transfer of this website to 24h Company was completed from the 17th/10 times ago date of revocation of license. So, based on the provisions of law, which unit will suffer losses when this website is fined and its license is revoked, sir?
In the regulations that an asset is classified as real estate, when completing the transfer, it is often committed that the new unit will be responsible for the product from any date and time. Because I have not seen this contract, I cannot confirm for sure, but it is possible that the purchasing unit, 24h Company, will bear the risk.
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However, if two If the contract maker carefully constrains who will be responsible for the old content and old activities, the story will be different. At that time, the person who will be fined will be the old person because 24h Company has received it but has not done anything or has only done things that do not affect the content, leading to the license being revoked, then 24h Company may be fined. incur no loss.
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Even if appropriate The entire contract has been transferred to the Company for 24 hours, so we must reconsider who is responsible. Because this is an unexpected risk of both parties and originates from the seller’s fault.
In addition, we must return to the story of the transfer Is this transfer legal or not? Although I said that on the outside there may be no problem, but if there is an internal situation that makes this sale illegal, it means the contract is invalid, meaning the seller must bear the responsibility. risk and the buyer can get their money back.
If the contract is legal, only the consequences of liability will be considered. Once the transfer contract is legal, you must continue to look at the content of the agreement in the contract to know which party will be responsible. In case nothing is mentioned about this issue, then continue to consider the nature and level of consequences from what? Then the two sides must sit together to renegotiate.
Often people say that the seller is responsible for the goods. My product and the buyer have no fault at all. Just like when we buy a car that has just been delivered and has not yet been put into use but is broken, the seller must be responsible. I think this problem is similar.
So it is likely that Mr. Vo Thanh Quang will be responsible and loss?
This will be based on records or on the license or on information posted on the site this network to find out who the governing body is. In this case, it is most likely still the old unit. Because the Ministry will have to rely on the managing unit and the name of the leader to punish, but cannot punish Haivl site.
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Other side first When deciding on a penalty, there will have to be a certain amount of preparation time, not an immediate decision. Minutes must be drawn up and carefully considered. During that process, both the buyer and seller knew but still did it. Maybe it’s because they think they will explain and ask for permission to continue maintaining it or maybe they don’t think about the extent of losing their license permanently, so they still trade.
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Remaining output units It is difficult to update information that is too new while in the process of investigation. So it is likely that Haivl’s old unit will have to receive a penalty decision.
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In fact, the social networking site Haivl.com is very popular with young people and many people hope this website will operate again. In your opinion, is it possible that this website will be licensed again?
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If the license is revoked for a limited period, it is not said but If the license is permanently withdrawn, the managing unit can appeal and request reconsideration. At that time, it is likely that the license will be re-licensed with conditions and a commitment to ensure proper operation. In case this website has been transferred to 24h Company, the new managing unit can request re-licensing.
However However, this also depends on the assessment of the level of error that is acceptable to reissue the license or not. The case of permanent license withdrawal is quite serious, so it depends a lot on the assessment of the management agency.
Thank you!
According Duyen Duyen
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