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한국어Currently, citizen ID is considered a mandatory legal document for individuals if they are 14 years old or older. The role of this type of legal document is to identify and prove the identity of the citizen. If a citizen’s identity is lost, stolen or disclosed to another person, the subject can use this information to commit illegal acts. can cause great legal risks to the person who lost information. In the following article, Bi Law Firm will share some risks that may be encountered when identity documents are revealed.
1. Risks in the case of recruiting workers with identification documents
Currently, some businesses, when conducting job postings on websites or social networks, may include some requirements such as: “Do not return job applications, in case the applicant application is not accepted”. The content of a job application that an employer requires may include a number of legal documents such as diplomas and certificates, curriculum vitae, job application, medical examination, 3×4 and special photos. a notarized citizen identity card. Usually, the purpose of these businesses is to use unsuccessful job applications for legalization, in order to evade corporate income tax. According to the provisions of the Law on Corporate Income Tax 2008 (sb), the amount of tax payable by an enterprise is calculated according to the general formula: payable CIT = Taxable income X Tax rate. In which, there is a component that will be deducted when calculating corporate income tax, which is deductible expenses. Deductible expenses are expenses incurred in connection with business activities of the enterprise. Salary paid to employees is one of them. Thus, for businesses to recruit with a large number of employees, if they rely on many sets of records that the business is keeping. Enterprises may declare falsely the number of employees and the amount of wages paid by the enterprise for the purpose of tax evasion. In addition, for those who apply but are not accepted, they may be subject to personal income tax if the amount of wages falsely declared by the enterprise is enough to be subject to personal income tax for that person. . Thus, the disclosure of information about identity papers is a very risky thing.
2. Risks in the case of using identity documents to establish a ‘ghost’ business
The second risk that citizens may face is being used by objects to set up a ghost business to carry out illegal acts for profit. According to the provisions of the Enterprise Law 2020 and guiding decrees, when an individual or organization intends to establish a business, it is necessary to prepare a set of documents including a number of legal papers as prescribed. One of those papers is the identity document of the legal representative. If a citizen’s information is stolen to make a fake citizen identity card or a notarized copy of the citizen’s identity card, other subjects can use it to set up a business and conduct law violations. . At this time, all illegal activities of the ‘ghost’ enterprise are responsible for the legal representative of the business. A “ghost” enterprise can carry out a number of activities that violate the law to criminal liability, for commercial legal entities. In this case, if citizens have their information stolen and do not know that they are in the name of an enterprise, they may be jointly liable before the law for activities caused by the “ghost” business.
3. Risks in case identity documents are stolen for a loan
The final risk that The Lux Law Firm we mention is using identity documents to borrow debts. Citizens, if the information contained in their identification documents is exposed, others can fake or use them to borrow money through unsecured lending organizations, open credit cards or borrow through online loan applications. . This is downright dangerous to citizens when information is stolen. When citizens discovered the subjects’ illegal behavior, the subjects disappeared. The person whose information has been stolen may be under pressure to pay debts from financial institutions and banks, where the thief has committed law violations.
Above are some of the risks that Bi Law Firm introduces to readers, based on the practical experience of Lawyer Dinh Van Tuan. If you are facing one of the above cases, please contact our company for advice on finding the best solution.
