Lawyer analyzes the case of not prosecuting the mother of baby Bap, Pham Thoai opens mega live

Lawyer Nguyen Van Hau - Head of the Communications Agency of the Vietnam Bar Federation - said that the charity appeal of baby Bap's mother has been verified and clarified by the police.

Accordingly, the police determined that the amount of 20.4 billion VND received from donors was used for the right purpose of treating baby Bap in Singapore, so there were no elements constituting a crime according to the provisions of criminal law.

Therefore, the authorities' decision not to initiate criminal proceedings against Bap's mother has a legal basis.

Regarding the online sales activities of baby Bap's mother, it is essentially a civil relationship. Specifically, this is a property sale and purchase contract established between the seller and the buyer, regulated by the 2015 Civil Code and the 2023 Law on Consumer Protection.

In this case, if the seller sells through livestream or other online forms, they are not only the seller but also act as a product advertiser. Accordingly, the legal responsibility of these individuals has been clearly defined.

Regarding the obligation on product quality and information, according to the provisions of Article 432 and Article 445 of the 2015 Civil Code, the seller is obliged to provide necessary information about the property for sale and ensure the quality of the property as agreed. If the goods advertised via livestream are not of the same quality, function, or origin as introduced, the seller has seriously violated his obligations.

Regarding the responsibility of the advertiser, as the person directly introducing the product, the seller must be responsible for the content of his advertisement.

Clause 9, Article 8 of the 2012 Advertising Law strictly prohibits advertising that is incorrect or misleading about the quality, uses, designs, and origins of products and goods. If violated, the advertiser may be subject to administrative penalties. Even if the act of false advertising has been administratively sanctioned and is repeated, the violator may be prosecuted for criminal liability for "Crime of false advertising" under the provisions of Article 197 of the 2015 Penal Code, with a fine of up to 100 million VND or non-custodial reform for up to 3 years.

If the goods sold are counterfeit and cause serious consequences, the seller may also face the crime of trading in counterfeit goods under Article 192 of the 2015 Penal Code, with a prison sentence of up to 15 years.

When a buyer receives a product that is not of the quality advertised, the consumer has the right to protect himself by asking the seller to refund, exchange the product, or compensate for any losses incurred due to the poor quality product. If no agreement can be reached, the buyer has the right to sue the seller in a competent court to request dispute resolution.

"Sales are a civil and commercial relationship. Anyone, and in this case Bap's mother, participating in sales must take legal responsibility for the quality of the product and the truthfulness of the advertising information they provide," said lawyer Hau.

Not only Bap's mother, Pham Thoai's name was also called out continuously because she was the one who called for help.

After a period of silence, Pham Thoai recently announced his return to the sales "race" with a mega livestream session held on August 1.

In a post on his fanpage with nearly 900,000 followers, Pham Thoai said he was honored to take on the role of ambassador for the Top Agricultural Products - Agricultural Products to the City Program "VIETNAM OCOPEX 2025".

This is a key event organized by the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, in coordination with the Vietnam Cooperative Alliance.

This is also the first sales session of the TikToker with millions of fans after half a year of silence due to the noisy charity call. Accordingly, the livestream session taking place from noon on August 1st aims to connect consumers - support the consumption of Vietnamese agricultural products, directly helping farmers across the country.

"Thoai wants to bring a practical, effective and meaningful campaign for Vietnamese farmers," he said.

Bap's mother suddenly disappeared, netizens searched for her whereabouts and discovered shocking things! Minh Lợi08:24:34 20/04/2025After her son passed away, Bap's mother continuously revealed her unstable state. According to her family, she was so sad that she had many confusing actions. Most recently, she made a move to hide from the online community and cleaned up her Facebook wall, causing a stir.