Recently, social networks have been controversial about the noisy lightstick of Jack - J97 when the male artist's company announced the sale for 997,000 VND for 1 version.
Facing the issue of the male artist's company, the sale of Lightstick for sale for VND 997,000/unit is considered a commercial business in accordance with Vietnamese law, representatives of the Ho Chi Minh City Market Management Department said: "The fact that J97 Entertainment Company produces (or ordered production) and Lightstick for sale for profit is a commercial business in accordance with the provisions of the 2005 and LightStick law in this case. A commodity.
To legalize the sale of lightsticks, Jack - J97's company is required to register a business according to regulations, declare and pay taxes arising from business activities and financial obligations according to regulations.
If a company uses a separate website with the function of online ordering and online payment (ie a sales website), then according to Decree 52/2013/ND-CP (amended and supplemented by Decree 85/2021/ND-CP) on e-commerce, the company is required to carry out procedures to notify the e-commerce website for sales to the Ministry of Industry and Trade before selling the product".
The Ho Chi Minh City Market Management Department added: "Selling via social networks ( Facebook, Instagram...) is also considered an e-commerce activity. Social network sellers must still comply with regulations on providing product information, responsibilities to consumers, and especially tax obligations".
Before the question, if the company of singer Jack - J97 has collected from 3,600 people with a total amount of about 3.6 billion but not delivering products over time, this behavior may be considered as a sign of fraudulent appropriation of property in accordance with the Criminal Code, representatives of Ho Chi Minh City Market Management Department analyzed: "According to the content of this question, the company's management is not enough to identify the company J97 shows signs of appropriating property in accordance with the Criminal Code; to have the correct assessment and assessment of this content, it is necessary to have judgments and evaluation from the proceedings (investigating agencies, procuracies and court).
In case the buyer does not receive the product or does not receive a refund, they can send a complaint to the following agencies to have their legal rights protected:
People's Court: the buyer can file a civil lawsuit at the competent People's Court to request the company to fulfill its delivery obligations or pay compensation and compensation for damages (if any) due to breach of contract.
The Department of Competition and Consumer Protection (Ministry of Industry and Trade) or the local Department of Industry and Trade: buyers can send a complaint to these agencies to request a dispute resolution according to the provisions of the Law on Protection of Consumer Rights.
The police agency, the market management agency will consider handling if any administrative violations are detected".
Regarding the issue of singer Jack - J97 being the representative of the image and product brand (lightstick), in case of violations, the artist himself being prosecuted for civil or criminal liability, the Ho Chi Minh City Market Management Department added: "In each specific case, if we find sufficient grounds to determine that singer Jack J97 has signs and criminal acts as prescribed in the Penal Code, the competent authority will consider handling them in accordance with regulations".
