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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 117/2024/ND-CP
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Hanoi, September
18, 2024
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DECREE
PROVIDING
AMENDMENTS TO GOVERNMENT’S DECREE NO. 82/2020/ND-CP DATED JULY 15, 2020
PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF JUDICIAL
SUPPORT, JUDICIAL ADMINISTRATIVE ACTIONS, MARRIAGE AND FAMILY, CIVIL JUDGMENT
ENFORCEMENT, BANKRUPTCY OF ENTERPRISES AND COOPERATIVES
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for administrative
violations dated June 20, 2012, and the Law on amendments to the Law on
penalties for administrative violations dated November 13, 2020;
Pursuant to the Law on Inspection dated November
14, 2022;
Pursuant to the Ordinance prescribing administrative
penalties for obstruction of legal proceedings dated August 18, 2022;
At the request of the Minister of Justice of
Vietnam;
The Government promulgates a Decree providing
amendments to Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 prescribing
penalties for administrative violations in the fields of judicial support,
judicial administrative actions, marriage and family, civil judgment
enforcement, bankruptcy of enterprises and cooperatives.
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1. Article 2 is amended as
follows:
a) Point a Clause 2 is amended as follows:
“a) Law firms; socio-professional organizations of
lawyers; foreign law firms in Vietnam; branches and representative offices of law
firms; legal counseling centers and their branches; public notary offices;
socio-professional organizations of notaries; judicial expertise offices;
property auction organizations; branches and representative offices of property
auction organizations; wholly state-owned organizations established by the
Government to settle bad debts of credit institutions; owners of property sold
at auction; arbitration centers; branches and representative offices of
arbitration centers; branches and representative offices of foreign arbitration
organizations in Vietnam; commercial mediation centers; branches and
representative offices of commercial mediation centers; foreign commercial
mediation centers in Vietnam; bailiff offices; asset management and liquidation
enterprises;”.
b) Clause 3 is added following Clause 2 as follows:
“3. Household businesses or family households
committing violations against regulations herein shall incur the same penalties
as violating individuals.”.
2. Clause 3 Article 3 is amended
as follows:
a) Point a Clause 3 is amended as follows:
“a) Proposed consideration and handling by
competent authorities, organizations or persons of their issued
documents;".
b) Points q and r are added following Point p
Clause 3 as follows:
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r) Enforced return of original copies of erased or
altered documents to issuing authorities or persons.".
3. Article 4a is added following
Article 4 as follows:
“Article 4a. Completed and ongoing
administrative violations, and penalties for repeated administrative violations
1. Determination of whether an administrative
violation has been completed or is ongoing for the purpose of calculation of
the prescriptive period of that violation shall comply with the provisions of
the Decree elaborating and introducing measures for implementation of the Law
on Penalties for Administrative Violations.
2. Penalties for repeated administrative
violations:
a) A person who repeatedly commits an
administrative violation shall incur penalties for each commission or
repetition of that violation, except the repeated violation prescribed in point
b of this clause;
b) In case a person repeatedly commits any of these
administrative violations, including: the violations in point a clause 1, point
g clause 3 Article 6; point h clause 3, point a clause 5 Article 7; clause 1
and the violation “failure to present documentary evidence of the relationship
between the deceased person and the heir-at-law” in point d clause 3 Article
13; clause 2 Article 14; clause 1, points a, b, c and l clause 2, point b
clause 3 Article 15; point l clause 1 Article 16; clause 1, point c clause 2
Article 22; point b clause 1, point b clause 2, point i clause 3 Article 32;
points b, c, dd, e, g and h clause 2, points a and g clause 3, points b, dd and
e clause 4 Article 34; points d and dd clause 3 Article 47; sections 3, 4 and 5
Chapter III; Articles 62 and 63 Chapter IV; Chapter V; points d and h clause 1
Article 79 Chapter VI of this Decree, such repetition of the violation shall be
considered as an aggravating factor.”.
4. Article 4b is added following
Article 4a as follows:
“Article 4b. Implementation of penalties
and remedial measures
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2. The remedial measure that is enforced return of
erased or altered license, practicing certificates or operation registration
certificates to issuing authorities or persons shall be implemented as follows:
a) If, at the time of issuance of the penalty
imposition decision under which the remedial measure that is enforced return of
erased or altered license, practicing certificate or operation registration
certificate is also imposed, the license, practicing certificate or operation
registration certificate to be returned is temporarily kept by the competent
person as prescribed in points a and b clause 1 Article 125 of the Law on
Penalties for Administrative Violations, within 02 working days from the date
of issuance of the penalty imposition decision, the decision-making person
shall send a written request for revocation, which is accompanied with the
issued penalty imposition decision and the erased or altered license,
practicing certificate or operation registration certificate, to the competent
authority or person issuing that license, practicing certificate or operation
registration certificate;
b) In cases other than the one prescribed in point
a of this clause, the violating individual or organization shall be obliged to
return the erased or altered license, practicing certificate or operation
registration certificate to the issuing authority or person within the time
limit stated in the penalty imposition decision, and incur all costs associated
with the implementation of this remedial measure.
3. The remedial measure that is enforced return of
erased or altered license, practicing certificates or operation registration
certificates to issuing authorities or persons or enforced return of original
copies of erased or altered documents to issuing authorities or persons and the
additional penalty that is confiscation of exhibits which are erased or altered
documents shall not apply in case the abovementioned documents are issued and
retained electronically. In this case, the competent person that issues the
penalty imposition decision shall give a written notification thereof to the
competent authority or person that issued the document involved in the
violation for taking further actions as prescribed.".
5. Clause 4 Article 5 is amended
as follows:
"4. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
one of the violations in Clause 1 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
any of the violations in Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 3 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of one of the violations in Clause 1 and Clause 2 of this
Article.”.
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a) Clause 5a is added following Clause 5 as
follows:
"5a. A fine ranging from VND 15.000.000 to
VND 30.000.000 shall be imposed for defaming the honor, dignity and/or
reputation of the person competent to initiate legal proceedings.”.
b) Point c Clause 6 is amended as follows:
“c) Performing unlawful actions at his/her own
discretion or at his/her clients’ request in order to delay, extend, or cause
difficulties or obstruction to operations of presiding agencies and other
regulatory authorities;”.
c) Point g is added following Point e Clause 7 as
follows:
“g) Providing other legal services against provisions
of Article 30 of the Law on Lawyers.”.
d) Point b Clause 8 is amended as follows:
“b) The law practicing certificate or license to
practice law in Vietnam of foreign lawyer shall be suspended for a fixed period
of 06 - 09 months in case of commission of one of the violations in Point b
Clause 5, Clause 5a, Points c, d and e Clause 6, and Clause 7 of this
Article;”.
dd) Point c Clause 8 is amended as follows:
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e) Point d is added following Point c Clause 8 as
follows:
“d) The exhibits and instrumentalities used for
committing the violation in Clause 5a of this Article shall be confiscated.”.
g) Point a Clause 9 is amended as follows:
“a) Enforced return of original copy of erased or
falsified certificate of participation in legal proceedings or notice of
defense lawyer to issuing authority or person in case of commission of the
violation in point a Clause 4 of this Article, unless such original copy has
been confiscated as prescribed in point c clause 8 of this Article;”.
h) Point c is added following Point b Clause 9 as
follows:
“c) Enforced return of original copy of erased or
falsified law practicing certificate, certificate of registration of law
practice as a lawyer, or license to practice law in Vietnam of foreign lawyer
to issuing authority or person in case of commission of the violation in point
a clause 4 of this Article.”.
7. Article 7 is amended as
follows:
a) Point l is added following Point k Clause 1 as
follows:
“l) Failing to notify changes in operation
registration contents upon completion of procedures for registration of
operation of a branch of the law-practicing organization.”.
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“m) Failing to purchase professional liability
insurance for lawyers of the law-practicing organization in accordance with
regulations of law;”.
c) Point a Clause 8 is amended as follows:
“a) Enforced return of erased or falsified
establishment license or certificate of operation registration to issuing
authority or person in case of commission of the violation in Point a or b
Clause 3 of this Article;”.
8. Clause 3 Article 8 is amended
as follows:
a) Point b Clause 3 is amended as follows:
“b) Failing to comply with regulations of law and
charter of the socio-professional organization of lawyers when following
procedures for admission to practice law as trainee lawyers or admission to bar
associations;”.
h) Point h is added following Point g Clause 3 as
follows:
“h) Failing to prepare, manage and use records and
document forms as prescribed.”.
9. Point a Clause 6 Article 9 is
amended as follows:
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10. Article 10 is amended as
follows:
a) Point c Clause 4 is amended as follows:
“c) The exhibits which are erased or falsified
documents used for committing the violation in Clause 1 of this Article shall
be confiscated.”.
b) Clause 5 is amended as follows:
"5. Remedial measures:
a) Proposed consideration and handling by competent
authority or person of their issued legal advisor’s cards involving in the
violation in Clause 1 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in point c clause 4 of this Article;
c) Enforced return of erased or falsified legal
advisor’s card to issuing authority or person in case of commission of the
violation in Point a Clause 2 of this Article.”.
11. Clause 4 Article 11 is
amended as follows:
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a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
one of the violations in Clauses 1 and 2 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in point b clause 3 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of one of the violations in Clause 1 and Clause 2 of this
Article.”.
12. Article 12 is amended as
follows:
a) Point a Clause 3 is amended as follows:
“a) Posing as, or hiring or asking others to pose
as requesters for notarization; posing as, or hiring or asking others to pose
as a person having rights, benefits and obligations related to a contract or
transaction which will be notarized; forging signature of the requester for
notarization; forging signature of a notary;”.
b) Point c Clause 5 is amended as follows:
“c) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article.”.
13. Clause 5 Article 13 is
amended as follows:
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a) Enforced notification by the notarial practice
organization that is keeping notary records of any of the violations in Point a
Clause 2, Points a, b, c, d, dd, e and g Clause 3 of this Article to relevant
agencies, organizations and individuals;
b) Enforced return of benefits illegally obtained
from the violation in Clause 3 of this Article.”.
14. Article 15 is amended as
follows:
a) Point o is added following Point n Clause 2 as
follows:
“o) Failure of the notary who is assigned to
instruct probationers to give adequate comments about the performance of such
probationers during their notarial practice probation as prescribed.”.
b) Point d Clause 3 is amended as follows:
“d) Receiving or claiming any amounts of money or
other benefits from notarization requesters in addition to prescribed
notarization charges, predetermined notarization-related on-demand service
charges and other agreed-upon costs;”.
c) Point a Clause 8 is amended as follows:
“a) The notary card shall be suspended for a fixed
period of 01 – 03 months in case of commission of any of the violations in
Point c, dd, i, m and q Clause 3, Point d Clause 4 and point b Clause 6 of this
Article;”.
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“c) Erased or falsified documents involving in the violation
in point m Clause 2 of this Article; the exhibit which is erased or falsified
decision on appointment or re-appointment of notary used for committing the
violation in Point h Clause 4 of this Article shall be confiscated.”.
dd) Point a Clause 9 is amended as follows:
“a) Enforced return of the original copy of the
erased or falsified decision on appointment or re-appointment of notary, in
case of commission of the violation in Point h Clause 4 of this Article, or the
original copies of erased or falsified documents, in case of commission of the
violation in point m Clause 2 of this Article, to the issuing authorities or
persons, unless such original copies have been confiscated as prescribed in
point c Clause 8 of this Article;”.
e) Point d is added following Point c Clause 9 as
follows:
“d) Enforced return of erased or falsified notary
card to issuing authority or person in case of commission of the violation in
Point h Clause 4 of this Article.”.
15. Article 16 is amended as
follows:
a) Point a Clause 1 is amended as follows:
“a) Failing to post up or insufficiently posting up
working hours; notarization procedures; rules on receipt of notarization
requesters; notarization charges, maximum notarization-related on-demand
service charges, and other costs; list of translation collaborators of the
notarial practice organization at its head office;”.
b) Point dd Clause 2 is amended as follows:
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c) Points d, dd, e and g are added following Point
c Clause 3 as follows:
“d) Violating regulations on notification and
submission of copies of professional liability insurance policies or agreements
on modification or renewal thereof to the relevant provincial Department of
Justice when purchasing professional liability insurance for its notaries or
modifying or renewing existing insurance policies;
dd) Failing to receive adequate notarization
records of dissolved or shut down public or private notary offices as
designated by the relevant provincial Department of Justice;
e) Admitting new general partners of a private
notary office against regulations of law;
g) Dismissing general partners of a private notary
office against regulations of law.”.
d) Point c is added following Point b Clause 6 as
follows:
“c) Failing to enter information on notarized
records into the notary journal.”.
dd) Points b and c Clause 7 are amended as follows:
“b) Operations of the violating entity shall be
suspended for a fixed period of 03- 06 months in case of commission of the
violation in Point c Clause 4 or Point c Clause 6 of this Article;
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e) Clause 8 is amended as follows:
"8. Remedial measures:
a) Enforced return of benefits illegally obtained
from the commission of one of the violations in Points dd and e Clause 2, and
Points a, c and dd Clause 4, and Clause 6 of this Article;
b) Enforced return of original copy of erased or
falsified decision to grant permission for establishment of the private notary
office to issuing authority or person in case of commission of the violation in
point a Clause 3 of this Article, unless such original copy has been
confiscated as prescribed in point c clause 7 of this Article;
c) Enforced return of erased or falsified
certificate of operation registration of the private notary office to issuing
authority or person in case of commission of the violation in Point a Clause 3
of this Article;
d) The notarial practice organization that is
keeping notary records is compelled to notify agencies, organizations and
individuals with related rights and obligations of one of the violations in
Clause 6 of this Article.”.
16. Clause 1 Article 17 is
amended as follows:
“1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Failure of a socio-professional organization of
notaries to submit periodic reports or other reports at the request of competent
authorities;
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17. Section 3a is added following
Section 3 Chapter II as follows:
“Section 3a
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND COMBAT AGAINST
MONEY LAUNDERING, TERRORISM FINANCING, AND FINANCING OF PROLIFERATION OF
WEAPONS OF MASS DESTRUCTION IN THE FIELD OF JUDICIAL SUPPORT PENALTIES, FINES
AND REMEDIAL MEASURES
Article 17a. Administrative violations against
regulations on prevention and combat against money laundering, terrorism
financing, and financing of proliferation of weapons of mass destruction in the
field of judicial support
Lawyers, law-practicing organizations, notaries and
notarial practice organizations that commit violations against regulations on
prevention and combat against money laundering, terrorism financing, and
financing of proliferation of weapons of mass destruction in the field of
judicial support shall incur penalties in accordance with the Government’s
decree prescribing penalties for administrative violations in money and banking
sector.”.
18. Clauses 3 and 4 Article 18
are amended as follows:
"3. Additional penalty:
The exhibit which is the erased or falsified
decision on appointment of judicial expert or decision to grant permission for
establishment of judicial expertise office used for committing the violation in
Clause 1 of this Article shall be confiscated.
4. Remedial measures:
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b) Enforced return of original copy of erased or
falsified decision on appointment of judicial expert or decision to grant
permission for establishment of judicial expertise office to issuing authority
or person in case of commission of the violation in Clause 1 of this Article,
unless such original copy has been confiscated as prescribed in clause 3 of
this Article;
c) Enforced return of erased or falsified
certificate of operation registration of the judicial expertise office to
issuing authority or person in case of commission of the violation in Clause 2
of this Article;
d) Enforced return of benefits illegally obtained
from the commission of the violation in Clause 1 or Clause 2 of this Article.”.
19. Point m is added following
Point l Clause 2 Article 20 as follows:
“m) Refusing requests for judicial expertise
without giving any plausible reasons.”.
20. Clause 3 Article 21 is
amended as follows:
"3. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
the violation in Clause 1 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in point a or b Clause 1 of this Article, unless such original
copies have been confiscated as prescribed in clause 2 of this Article;
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21. Article 22 is amended as
follows:
a) Points b and c Clause 3 are amended as follows:
“b) Failing to stop the auction at the
request of the property owner when a bidder is found to commit any of the
following acts: colluding or cooperating with others to suppress the price or
falsify property auction results; obstructing the auction; disturbing public
order at the auction; threatening or forcing the auctioneer or bidder(s) to
falsify property auction results;
c) Failing to deprive a bidder of his/her rights to
participate in the auction when he/she is found to commit any of the following
acts: providing false information or documents; using forged documents when
applying for participation in the auction or participating in the auction;
entering into collusion or cooperating with others to suppress price or falsify
property auction results; obstructing the auction; disturbing the public order
at the auction; threatening or forcing the auctioneer or bidder(s) to falsify
property auction results;”.
b) Point g Clause 3 is amended as follows:
“g) Failing to manage the auction according to the
auction form and method specified in the promulgated rules of auction; failing
to manage the auction according to the prescribed auction procedures while
organizing an auction;”.
c) Point c Clause 9 is amended as follows:
“c) Enforced return of erased or falsified auction
practicing certificate or auctioneer card to issuing authority or person in
case of commission of the violation in Point a Clause 2 of this Article;”.
22. Article 23 is amended as
follows:
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“i) Failing to publish property auction results or
failing to publish such results within the prescribed time limit or using the
prescribed form;
k) Selecting a property auction organization whose
application for participation in organization of auction is refused as
prescribed by law.”.
b) Points c, d and dd are added following Point b
Clause 3 as follows:
“c) Failing to consider and verify information
reflecting that the property auction organization intentionally provides
incorrect information or falsifies information on criteria in its application
for participation in organization of auction;
d) Failing to submit reports to the competent
authority on selection of property auction organization and results thereof,
and verification results in case the property auction organization
intentionally provides inaccurate information or falsifies information on
criteria in its application for participation in organization of auction;
dd) Failing to carry out evaluation and scoring
according to criteria for selection of property auction organization to select
a qualified property auction organization.”.
c) Point b Clause 5 is amended as follows:
“b) Proposed invalidation by competent authority,
organization or person of non-public property auction results in case of
commission of any of the violations in point a and g clause 1, clause 2, point
b clause 3, resulting in falsified auction results, or the violation in clause
4 of this Article;".
23. Article 24 is amended as
follows:
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“g) Failing to post up or publish property auction
service charges;”.
b) Points m and n are added following Point l
Clause 1 as follows:
“m) Assigning 01 auctioneer to instruct 03 auction
interns or more at the same time;
n) Failing to retain images of posting of
information in the auction dossier of the property auction organization as
prescribed.”.
c) Point r Clause 2 is amended as follows:
“r) Collecting selling prices of auction documents
or auction service charges at the rates other than the prescribed ones;”.
d) Point k Clause 3 is amended as follows:
“k) Receiving money, property or benefits other
than the prescribed auction service charges and auction costs or other
agreed-upon service fees;
dd) Point c Clause 7 is amended as follows:
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24. Article 25 is amended as
follows:
a) Clause 1 is amended as follows:
“1. A fine ranging from VND 3.000.000 to VND
7.000.000 shall be imposed for commission of one of the following violations:
a) Erasing or falsifying documents issued by
competent authorities, organizations or persons and included in an application
for establishment or operation registration of an arbitration center or its
branch; application for approval of renaming or changes in scope of operation
of the arbitration center or changes in operation registration contents of its
branch; application for establishment, operation registration or approval of
renaming or changes in scope of operation of the branch of a foreign
arbitration organization; application for establishment of the representative
office of a foreign arbitration organization; application for replacement of
the chief representative or relocation of the representative office of a
foreign arbitration organization;
b) Failing to provide accurate information in an
application for establishment or operation registration of an arbitration
center or its branch; application for approval of renaming or changes in scope
of operation of the arbitration center or changes in operation registration
contents of its branch; application for establishment, operation registration
or approval of renaming or changes in scope of operation of the branch of a
foreign arbitration organization; application for establishment of the
representative office of a foreign arbitration organization; application for
replacement of the chief representative or relocation of the representative
office of a foreign arbitration organization; application for re-issuance of
license for establishment of an arbitration center, a branch or representative
office of a foreign arbitration organization in Vietnam; application for
re-issuance of certificate of operation registration of an arbitration center,
a branch or representative office of a foreign arbitration organization in
Vietnam.”.
b) Clause 3 is amended as follows:
"3. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
any of the violations in Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 2 of this Article;
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25. Point a Clause 5 Article 26
is amended as follows:
“a) Enforced return of erased or falsified
establishment license or certificate of operation registration to issuing
authority or person in case of commission of the violation in Point h Clause 3
of this Article;”.
26. Article 28 is amended as
follows:
a) Clause 1 is amended as follows:
“1. A fine ranging from VND 3.000.000 to VND 7.000.000
shall be imposed for commission of one of the following violations:
a) Erasing or falsifying documents issued by
competent authorities, organizations or persons and included in an application
for establishment, operation registration or approval of renaming or relocation
of headquarters of a commercial mediation center; application for operation
registration for a branch of the commercial mediation center; application for
establishment, operation registration or approval of renaming, replacement of
the head or relocation of the branch of a foreign commercial mediation
organization; application for establishment or approval of renaming,
replacement of chief representative or relocation of the representative office
of a foreign commercial mediation organization;
b) Failing to provide accurate information in an
application for establishment, operation registration or approval of renaming
or relocation of headquarters of a commercial mediation center; application for
operation registration for a branch of the commercial mediation center;
application for establishment, operation registration or approval of renaming,
replacement of the head or relocation of the branch of a foreign commercial
mediation organization; application for establishment or approval of renaming,
replacement of chief representative or relocation of the representative office
of a foreign commercial mediation organization; application for re-issuance of
license for establishment of commercial mediation center; application for
re-issuance of license for establishment of branch/representative office of a
foreign commercial mediation organization in Vietnam; application for
re-issuance of certificate of operation registration of commercial mediation
center/its branch; application for re-issuance of certificate of operation
registration of the branch of a foreign commercial mediation organization in
Vietnam;
b) Clause 3 is amended as follows:
"3. Remedial measures:
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b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
any of the violations in Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 2 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of any of the violations in Clause 1 of this Article.”.
27. Point a Clause 5 Article 29
is amended as follows:
“a) Enforced return of the original copy of the
erased or falsified establishment license or certificate of operation
registration to issuing authority or person in case of commission of the
violation in Point dd Clause 3 of this Article;”.
28. Clause 5 Article 31 is
amended as follows:
"5. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
one of the violations in Clauses 1 and 2 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
any of the violations in Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 4 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of one of the violations in Clauses 1, 2 and 3 of this
Article.”.
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a) Point b Clause 3 is amended as follows:
“b) Practicing at a bailiff office other than one
he/she has registered or practicing at 02 bailiff offices or more at the same
time;”.
b) Point a Clause 9 is amended as follows:
“a) Enforced return of erased or falsified
bailiff’s card to issuing authority or person in case of commission of the
violation in Point a Clause 2 of this Article;”.
30. Article 33 is amended as
follows:
g) Point a and Point b Clause 1 are amended as
follows:
“a) Failing to post up or insufficiently posting up
working hours or working rules at the bailiff office;
b) Failing to post up or insufficiently posting up
procedures or service charges at the bailiff office;”.
b) Point d Clause 1 is amended as follows:
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c) Point e is added following Point dd Clause 2 as
follows:
“e) Assigning unqualified bailiff to instruct
probationers.”.
d) Clause 7 is amended as follows:
"7. Additional penalties:
a) All operations of the violating entity shall be
suspended for a fixed period of 01 – 03 months in case of commission of the
violation in Point e Clause 3 of this Article;
b) All operations of the violating entity shall be
suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Point c Clause 4 or Point a or d Clause 5 of this Article;
c) All operations of the violating entity shall be
suspended for a fixed period of 06- 09 months in case of commission of the
violation in Point dd Clause 5 of this Article;
d) The exhibit which is the erased or falsified
decision to grant permission for establishment of the bailiff office of the
violation in Point a Clause 4 of this Article shall be confiscated.”.
dd) Clause 8 is amended as follows:
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a) Enforced return of original copy of erased or
falsified decision to grant permission for establishment of the bailiff office
to issuing authority or person in case of commission of the violation in point
a Clause 4 of this Article, unless such original copy has been confiscated as
prescribed in point d clause 7 of this Article;
b) Enforced return of erased or falsified
certificate of operation registration of the bailiff office to issuing
authority or person in case of commission of the violation in Point a Clause 4
of this Article;
c) Enforced return of benefits illegally obtained
from the commission of one of the violations in Point dd Clause 3, Points a, d
and dd Clause 5, and Clause 6 of this Article.”.
31. Article 34 is amended as
follows:
a) Points i and k are added following Point h
Clause 2 as follows:
“i) Failing to authenticate all signatures
appearing on the subject document of the request for signature authentication;
k) Failure of a translation collaborator to carry
out re-registration of specimen signature, as prescribed, upon change of
his/her signature.".
b) Clause 7 is amended as follows:
"7. Remedial measures:
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b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in point c clause 6 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of the violation in Point d Clause 3 of this Article.”.
32. Point b Clause 5 Article 35
is amended as follows:
“b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article.”.
33. Point b Clause 5 Article 36
is amended as follows:
“b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article;”.
34. Clause 4 Article 37 is
amended as follows:
"4. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 3 of this Article;
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35. Clause 4 Article 38 is
amended as follows:
"4. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 3 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued marriage certificates
involving in one of the violations in Clauses 1 and 2 of this Article.”.
36. Clause 7 Article 39 is
amended as follows:
"7. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in point a Clause 2 of this Article, unless such original copies
have been confiscated as prescribed in point c clause 6 of this Article;
b) Enforced return of erased or falsified
certificate of operation registration to issuing authority or person in case of
commission of the violation in Point b Clause 2 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of any of the violations in Points a, b and c Clause 4,
Clause 5 of this Article.”.
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"4. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 3 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 and Points a, b and c Clause 2 of this
Article.”.
38. Clause 5 Article 41 is
amended as follows:
"5. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clauses 1, 2 and Points a and c Clause 3 of this
Article;
c) Enforced return of benefits illegally obtained
from the commission of the violation in Point b or c Clause 3 of this
Article.”.
39. Clause 5 Article 42 is
amended as follows:
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a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clauses 1 and 2 of this Article.”.
40. Clause 4 Article 43 is
amended as follows:
"4. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 3 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 and Points a, b Clause 2 of this Article.”.
41. Clause 5 Article 44 is
amended as follows:
"5. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
one of the violations in Clauses 1, 2 and 3 of this Article;
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c) Enforced return of benefits illegally obtained
from the commission of the violation in Clause 3 of this Article.”.
42. Clause 6 Article 45 is
amended as follows:
"6. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in point b clause 5 of this Article;
b) Enforced payment of all costs associated with
restoration to the original condition which has been changed as a result of the
violation in point b clause 2 or point b clause 4 of this Article;
c) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
the violation in point a Clause 4 of this Article;
d) Enforced return of benefits illegally obtained
from the commission of the violation in Point c Clause 4 of this Article.”.
43. Clause 5 Article 46 is
amended as follows:
"5. Remedial measures:
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b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 and Points a, c Clause 2 of this Article.”.
44. Article 47 is amended as
follows:
a) Clause 2 is amended as follows:
“2. A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for erasing or falsifying a criminal record in any
form.”.
b) Clause 5 is amended as follows:
"5. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 2 of this Article, unless such original copies have
been confiscated as prescribed in point b clause 4 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 and Point b Clause 3 of this Article.”.
45. Article 48 is amended as
follows:
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“Article 48. Violations against regulations on
legal dissemination and education, and grassroots-level conciliation”
b) Points c and d are added following Point b
Clause 1 as follows:
“c) Obstructing grassroots-level conciliation
conducted by conciliation teams or conciliators;
d) Obstructing parties to a dispute or conflict in
the course of dispute or conflict resolution by grassroots-level
conciliation.".
46. Article 50 is amended as follows:
“Article 50. Violations against regulations on
management of international cooperation in legal matters and judicial reform
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for submitting inaccurate reports on international cooperation
in legal matters and judicial reform.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the commission of one of the following
violations:
a) Failing to submit reports on international
cooperation in legal matters and judicial reform as prescribed;
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3. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a) Failing to comply with procedures for appraisal
or getting opinions of the Ministry of Justice, Ministry of Foreign Affairs,
Ministry of Public Security and Ministry of National Defense about
international agreements, and international cooperation programs, projects and
non-project documents on legal matters and judicial reform as prescribed;
b) Organizing international conferences/seminars
without obtaining permission from competent authorities as prescribed.
4. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the commission of one of the following
violations:
a) Submitting or providing inaccurate reports or
information affecting the appraisal or giving of opinions about international
legal programs, projects, non-project documents, conferences and seminars;
b) Organizing an international conference or
seminar on legal matters and judicial reform without complying with working
contents/program and using foreign speakers/presenters as defined in the
approved scheme on organization of such conference or seminar;
c) Implementing a program, project or non-project
aid on legal matters and judicial reform against objectives, activities and
outcomes defined in the decision on approval of such program, project or
non-project aid.
5. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the commission of one of the following
violations:
a) Implementing a legal program, project or non-project
aid before the approval decision granted by a competent authority, organization
or person takes legal effect;
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47. Clause 5 Article 51 is
amended as follows:
"5. Remedial measure:
Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 2 of this Article, unless such original copies have
been confiscated as prescribed in clause 4 of this Article.”.
48. Clause 6 Article 52 is
amended as follows:
"6. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
the violation in Clause 2 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 2 of this Article, unless such original copies have
been confiscated as prescribed in point b clause 5 of this Article;
c) Enforced destruction of falsified documents
included in case files in case of commission of the violation in Point e Clause
3 of this Article;
d) Enforced return of benefits illegally obtained
from the commission of any of the violations in Points a, b, c and d Clause 3,
point d Clause 4 of this Article.”.
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“a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in point a Clause 2 of this Article, unless such original copies
have been confiscated as prescribed in point b clause 4 of this Article;”.
50. Clause 4 Article 54 is
amended as follows:
"4. Remedial measure:
Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 3 of this Article.”.
51. Article 55 is amended as
follows:
a) Heading of Article 55 is amended as follows:
“Article 55. Violations against regulations on
use of information in security interest database and online security interest
registration”.
b) Point d Clause 1 is amended as follows:
“dd) Cheating, posing as, appropriating or
illegally using database user codes or user accounts for online registration of
security interests of other individuals or organizations for performing acts of
violation against regulations on registration of security interests.”.
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“a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 5 of this Article;”.
53. Clause 6 Article 57 is
amended as follows:
"6. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in clause 5 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
the violation in Clause 1 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of the violation in Point b Clause 4 of this Article.”.
54. Clause 5 Article 62 is
amended as follows:
"5. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in point d Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 4 of this Article;
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c) Enforced return of benefits illegally obtained
from the commission of any of the violations in Point b Clause 2, and Points b
and c Clause 3 of this Article;
d) Enforced payment of costs of medical examination
and treatment and other expenses (if any) in case of commission of the
violation in Point c Clause 3 of this Article.”.
55. Clause 8 Article 63 is
amended as follows:
"8. Remedial measures:
a) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in Clause 1 of this Article, unless such original copies have
been confiscated as prescribed in point b clause 7 of this Article;
b) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
the violation in Clause 1 of this Article;
c) Enforced return of benefits illegally obtained
from the commission of one of the violations in Clauses 4, 5 and 6 of this
Article.”.
56. Article 78 is amended as
follows:
“Article 78. Violations against regulations on
applications for receiver’s practicing certificate; registration of asset
management and liquidation practicing for individuals; registration of asset management
and liquidation enterprises
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a) Erasing or falsifying documents issued by competent
authorities, organizations or persons and included in an application for
issuance of receiver’s practicing certificate; application for registration of
asset management and liquidation practicing as an individual; or application
for registration of asset management and liquidation practicing by an asset
management and liquidation enterprise;
b) Providing inaccurate information in an
application for issuance or re-issuance of receiver’s practicing certificate;
registration of asset management and liquidation practicing as an individual;
or registration of asset management and liquidation practicing by an asset
management and liquidation enterprise.
2. Additional penalties:
The exhibits which are erased or falsified
documents of the violation in Point a Clause 1 of this Article shall be
confiscated.
3. Remedial measures:
a) Proposed consideration and handling by competent
authorities, organizations or persons of their issued documents involving in
any of the violations in Clause 1 of this Article;
b) Enforced return of original copies of erased or
altered documents to issuing authorities or persons in case of commission of
the violation in point a Clause 1 of this Article, unless such original copies
have been confiscated as prescribed in clause 2 of this Article.”.
57. Point a Clause 6 Article 79
is amended as follows:
“a) Enforced return of original copies of erased or
falsified documents to issuing authorities or persons in case of commission of
the violation in Point a Clause 1 of this Article;”.
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“Article 82. Power to make records of
administrative violations
While performing their duties, the following
persons shall have the power to make records of administrative violations:
1. The persons who have the power to impose
administrative penalties prescribed in Articles 83, 84, 85, 86, 87 and 87a of
this Decree.
2. Commune-level judicial – civil status officers
shall make records of administrative violations in Clause 1, Point a Clause 2
Article 34, Articles 35, 37, 38, Article 40 through 45 and Article 48, Point a
Clause 1 Article 49, Section 6 Chapter III, Article 58 through 62 of this
Decree.
3. Officials of district-level judicial offices
shall make records of administrative violations in Clause 1, Point a Clause 2
Article 34, Articles 35, 36, 37, 38, Article 40 through 45 and Articles 48 and
49, Section 6 Chapter III, Article 58 through 62 of this Decree.
4. Officials and public employees of provincial
Departments of Justice shall make records of administrative violations in
Chapter II, Section 1 and Section 2, Article 48 and Article 49, Sections 4, 5
and 6 Chapter III, Chapter IV, Articles 78, 79 and 80 of this Decree.
5. Officials of civil judgment enforcement agencies
shall make records of administrative violations prescribed in Chapter V of this
Decree.
6. Officials of the Inspectorate of the Ministry of
Justice of Vietnam and officials of units affiliated to the Ministry of Justice
of Vietnam and in charge of performing state management of judicial support,
judicial administrative actions, marriage and family, and civil judgment
enforcement shall make records of administrative violations prescribed in
Chapter II, III, IV and V, Articles 78, 79 and 80 of this Decree.
7. Officials of Courts at all levels shall make
records of administrative violations prescribed in Article 66 through 77 of
this Decree.
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9. Officials and public employees of ministries,
ministerial agencies and provincial agencies in charge of professional
management of judicial expertise or judicial expertise organization shall make
records of administrative violations prescribed in Section 4 Chapter II of this
Decree.
10. Public employees of public notary offices shall
make records of administrative violations prescribed in Article 12, Clause 1
and point a Clause 2 Article 34 of this Decree.
11. Public employees of property and transaction
registration center, officials and public employees of competent agencies in
charge of registration of security interests by land use rights, property on
land, aircrafts and ships shall make records of administrative violations
prescribed in Section 5 Chapter III of this Decree.
12. Public employees of legal aid center shall make
records of administrative violations prescribed in Article 51 of this Decree.
13. Public employees of property auction service
center shall make records of administrative violations prescribed in Article 23
of this Decree.
14. Enforcement officers assigned to enforce
decisions to declare bankruptcy shall make records of administrative violations
prescribed in Point dd and Point e Clause 1, Point d and Point dd Clause 3
Article 79 of this Decree.
15. Persons assigned to settle compensation claims
shall make records of administrative violations prescribed in Article 56 of
this Decree; persons assigned by agencies directly taking charge of managing
law enforcement officers who cause damage or agencies in charge of paying compensation
to join the councils in charge of considering refund liability shall make
records of administrative violations prescribed in Clauses 1, 2 and 3, and
Point a Clause 4 Article 57 of this Decree.
16. Officials in charge of criminal records of provincial
Departments of Justice, public employees of National Center of Criminal Records
shall make records of administrative violations prescribed in Article 47 of
this Decree.
17. Soldiers of people’s police forces, station heads
or team leaders in charge of managing these soldiers, commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates and
export processing zones shall make records of administrative violations
prescribed in point a clause 4, clause 5a, points c, d and e clause 6, points
a, b, d and g clause 7 Article 6; point b clause 3 Article 7; point g clause 2
Article 9; clauses 2 and 3 Article 10; clause 1, points a and d clause 3
Article 12; point h clause 4 Article 15; Article 17a; clauses 2 and 3 Article
19; point a clause 2, points b and c clause 3, points a and b clause 7 Article
22; points a, b and h clause 1, points a and b clause 3 Article 23; point a
clause 2, points c and h clause 4 Article 32; clause 1 and point a clause 2 Article
34; clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; point b clause 5
Article 39; clause 1 and point b clause 2 Article 45; point b clause 2 Article
46; clause 2 Article 47; clause 2 Article 51; points a and g clause 2 Article
53; Article 54; point b clause 1 Article 56; clause 1 Article 57; Articles 58,
59, 60, 61 and point a clause 1 Article 79 of this Decree.”.
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“d) Impose the remedial measures specified in
Points a, e and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and in Points a, b, dd, l, m, n and r Clause 3
Article 3 of this Decree;”.
60. Article 84 is amended as
follows:
a) Point dd Clause 6 is amended as follows:
“dd) Impose the remedial measures specified in
Point i Clause 1 Article 28 of the Law on penalties for administrative
violations and Points a, b, c, d, e, g, h, i, k, n, q and r Clause 3 Article 3
of this Decree;”.
b) Point dd Clause 7 is amended as follows:
“dd) Impose the remedial measures specified in
Point i Clause 1 Article 28 of the Law on penalties for administrative
violations and Points a, b, c, dd, l, m, n, q and r Clause 3 Article 3 of this
Decree;”.
c) Point d Clause 9 is amended as follows:
“d) Impose the remedial measures specified in Point
i Clause 1 Article 28 of the Law on penalties for administrative violations and
Points a, c, n and r Clause 3 Article 3 of this Decree;”.
d) Point d Clause 11 is amended as follows:
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dd) Clause 12 is added following Clause 11 as
follows:
“12. Director General of the Bureau of Judicial
Affairs Support, and Chief Inspector of the Ministry of Justice of Vietnam
shall have the power to impose penalties for administrative violations against
regulations on prevention and combat against money laundering, terrorism
financing, and financing of proliferation of weapons of mass destruction in the
field of judicial support as prescribed in Article 17a of this Decree within
their competence prescribed in the Law on penalties for administrative
violations.”.
61. Article 85 is amended as
follows:
a) Point d Clause 3 is amended as follows:
“d) Impose the remedial measures specified in Point
i Clause 1 Article 28 of the Law on penalties for administrative violations and
Points a, c, n and r Clause 3 Article 3 of this Decree;”.
b) Point d Clause 4 is amended as follows:
“d) Impose the remedial measures specified in Point
i Clause 1 Article 28 of the Law on penalties for administrative violations and
Points a, c, n and r Clause 3 Article 3 of this Decree;”.
62. Clause 3 Article 86 is
amended as follows:
“3. Impose the remedial measures specified in
Points a and i Clause 1 Article 28 of the Law on penalties for administrative
violations and Points a, b, c, dd, l and r Clause 3 Article 3 of this Decree.”.
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“Article 87a. Power to impose administrative
penalties of People’s Public Security Forces
1. Heads of district-level police agencies, heads
of professional divisions of the following authorities, including the Internal
Political Security Department, the Police Department for Administration of
Social Order, the Department of Cybersecurity, Hi-Tech Crime Prevention and
Control, and heads of provincial-level police departments, including: Internal
Political Security Divisions; Economic Security Divisions; Investigation Police
Departments for Social Order Crimes; Investigation Police Divisions for
Corruption, Economic, Smuggling and Environmental Crimes; Police Divisions for
Administrative Management of Social Order; and Cybersecurity, Hi-Tech Crime
Prevention and Control Divisions, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 6.000.000 for
administrative violations in the field of judicial administrative actions; up
to VND 8.000.000 for administrative violations in the field of enterprise and
cooperative bankruptcy; or up to VND 10.000.000 for administrative violations
in the field of judicial support;
c) Suspend license/practicing certificate for a
fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point b of this
Clause;
dd) Impose the remedial measures specified in
Points a, d, dd, l, q and r Clause 3 Article 3 of this Decree.
2. Directors of Provincial-level Police Departments
shall have the power to:
a) Issue warning;
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c) Suspend license/practicing certificate for a
fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in Point
i Clause 1 Article 28 of the Law on penalties for administrative violations and
Points a, d, dd, e, g, h, l, m, q and r Clause 3 Article 3 of this Decree.
3. Directors of Internal Political Security
Department, Economic Security Department, Investigation Police Department for
Social Order Crimes, Police Department for Investigation into Corruption,
Economic and Smuggling Crimes, Police Department for Administrative Management
of Social Order, and Cybersecurity, Hi-tech Crimes Prevention and Control
Department shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 30.000.000 for
administrative violations in the field of judicial administrative actions; up
to VND 40.000.000 for administrative violations in the field of enterprise and
cooperative bankruptcy; or up to VND 50.000.000 for administrative violations
in the field of judicial support;
c) Suspend license/practicing certificate for a fixed
period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures mentioned in
Points a, c, d, dd, i and k Clause 1 Article 28 of the Law on penalties for
administrative violations and Points a, b, d, e, g, h, l, m, q and r Clause 3
Article 3 of this Decree.”.
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“Article 88. Determination of power to impose
penalties
1. Power to impose administrative penalties of
Chairpersons of People’s Committees at all levels:
a) Chairpersons of communal-level people’s
committees shall have the power to impose penalties for the administrative
violations prescribed in Clause 1 Article 48, Clause 1 Article 58, Clause 1
Article 61, Points b and c Clause 1 Article 62 hereof;
b) Chairpersons of district-level people’s
committees shall have the power to impose penalties for the administrative
violations prescribed in Clause 1 and Point a Clause 2 Article 34, Article 35,
Article 36 and Article 37, Clause 1 and Clause 2 Article 38, Article 40, Clause
1 and Clause 2 Article 41, Article 42 and Article 43, Clause 1 and Clause 2
Article 44, Clauses 1, 2 and 3 Article 45, Article 48, Article 49, Clauses 1, 2
and 3 Article 56, Clause 1 and Clause 2 Article 57, Article 58, Clause 1
Article 59, Article 60, Article 61 and Article 62 hereof;
c) Chairpersons of provincial-level People’s
Committees shall have the power to impose penalties for the administrative
violations prescribed in Chapter II, Chapter III, Chapter IV, Articles 78, 79
and 80 hereof.
2. Power to impose administrative penalties of
inspectors:
a) Heads of specialized inspection teams, Chief
Inspector of the Bureau of Judicial Affairs Support, and Chief Inspectors of
provincial Departments of Justice shall impose penalties for administrative
violations specified in Article 5; clauses 1, 2, 3, 4 and 5 Article 6; Articles
7, 8, 9, 10 and 11; clause 1 and clause 2 Article 12; Article 13 and Article
14; clauses 1, 2, 3, 4, 5 and 7 Article 15; Article 16; Articles 17, 18, 19, 20
and 21; clauses 1, 2, 3, 4, 5 and 7 Article 22; clause 1 and clause 2 Article
23; Articles 24, 25 and 26; clause 1 Article 27; Article 28 and Article 29;
clause 1 Article 30, Article 31; clauses 1, 2, 3, 4, 5 and 7 Article 32;
Article 33; Section 1 Chapter III; Article 37; clause 1 and clause 2 Article
38; Articles 39 and 40; clause 1 and clause 2 Article 41; Article 42; Article
43; clause 1 and clause 2 Article 44; clauses 1, 2 and 3 Article 45; clause 1
and clause 2 Article 46; Articles 47, 48 and 49; Section 4 and Section 5
Chapter III; clauses 1, 2 and 3 Article 56; clause 1 and clause 2 Article 57;
Article 58; clause 1 Article 59; Articles 60, 61 and 62; Articles 65 and 78;
clauses 1, 2 and 3 Article 79; Article 80 of this Decree;
b) Heads of specialized inspection teams
established by the Ministry of Justice of Vietnam shall have the power to
impose penalties for administrative violations specified in Article 5; clauses
1, 2, 3, 4, 5 and 6 Article 6; Articles 7, 8, 9, 10, 11, 12, 13, 14 and 15;
Articles 16 and 17; Section 4 Chapter II; Articles 21 and 22; clauses 1, 2 and
3 Article 23; Article 24; Section 6 and Section 7 Chapter II; Articles 31, 32
and 33; Section 1 and Section 2 Chapter III; Articles 48 and 49; clauses 1, 2,
3 and 4 Article 50; Section 4 and Section 5 Chapter III; clauses 1, 2 and 3
Article 56; clauses 1, 2 and 3 Article 57; Articles 58, 59, 60, 61 and 62;
clauses 1, 2, 3, 4 and 6 Article 63; clauses 1, 2, 3, 4 and 5 Article 64;
Articles 65 and 78; clauses 1, 2 and 3 Article 79; Article 80 of this Decree.
c) Chief Inspector of the Ministry of Justice of
Vietnam shall have the power to impose penalties for the administrative
violations prescribed in Chapters II, III, IV, V, Articles 78, 79 and 80
hereof;
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dd) Director of Agency of Civil
Status, Nationality and Authentication shall have the power to impose
penalties for the administrative violations prescribed in Section 1 Chapter
III, Articles 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46, Section 6 Chapter III,
Articles 58, 59, 60, 61 and 62 hereof;
e) Title holders prescribed in Clause 2 and Clause
4 Article 46 of the Law on penalties for administrative violations shall have
the power to impose penalties for the administrative violations prescribed in
Article 56 and Article 57 hereof.
3. Power to impose administrative penalties of
civil judgment enforcement agencies:
a) Directors of civil judgment enforcement
sub-departments shall have the power to impose penalties for the administrative
violations prescribed in Clause 1 Article 64, Clause 1 Article 65 hereof;
b) Directors of civil judgment enforcement
departments and heads of military-zone judgment enforcement agencies shall have
the power to impose penalties for the administrative violations prescribed in
Clauses 1, 2 and 3 Article 56, Clauses 1, 2 and 3 Article 57, Clauses 1, 2, 3,
4 and 5 Article 64, Clauses 1, 2 and 3, Points a and b Clause 4 Article 65
hereof;
c) Director General of Civil Judgment Enforcement
Administration shall have the power to impose penalties for the administrative
violations prescribed in Section 6 Chapter III, Article 64, Clauses 1, 2 and 3,
Point a and Point b Clause 4 Article 65 hereof.
4. Heads of diplomatic missions, consular missions
and other agencies authorized to perform consular duties of the Socialist Republic
of Vietnam in foreign countries shall have the power to impose penalties for
the administrative violations prescribed in Clause 1 and Point a Clause 2
Article 34, Articles 35, 36, 37, 38, 40, 41, 42, 43, 44, 45 and 46 hereof.
5. Power to impose administrative penalties of
Courts at all levels:
a) Judges who are assigned to settle bankruptcy
cases shall have the power to impose penalties for the administrative
violations prescribed in Articles 66, 67, 69 and 71, Clause 1 Article 73,
Articles 75, 76 and 77 hereof;
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c) Chief judges of provincial-level courts shall
have the power to impose penalties for the administrative violations prescribed
in Articles 56, 57, 66, 67, 69, 71, 72, 73, 75, 76 and 77 hereof.
6. Power to impose administrative penalties of
People’s Public Security Forces:
a) Heads of district-level police agencies, heads
of professional divisions of the following authorities, including the Internal
Political Security Department, the Police Department for Administration of
Social Order, the Department of Cybersecurity, Hi-Tech Crime Prevention and
Control, and heads of provincial-level police departments, including: Internal
Political Security Divisions; Economic Security Divisions; Investigation Police
Departments for Social Order Crimes; Investigation Police Divisions for
Corruption, Economic and Smuggling Crimes; Police Divisions for Administrative
Management of Social Order; Cybersecurity, Hi-Tech Crime Prevention and
Control Divisions shall have the power to impose penalties for administrative
violations specified in point g clause 2 Article 9; clauses 2 and 3 Article 10;
clause 1 Article 12; clause 2 Article 19; point a clause 2 Article 32; clause 1
and point a clause 2 Article 34; clause 1 Article 35; clause 1 Article 36;
clause 1 and point b clause 2 Article 45; point b clause 2 Article 46; clause 2
Article 51; point a clause 2 Article 53; Article 54; point b clause 1 Article
56; clause 1 Article 57; Article 58; clause 1 Article 59; clause 1 Article 61
and point a clause 1 Article 79 of this Decree;
b) Directors of Provincial-level Police Departments
shall have the power to impose penalties for administrative violations
specified in point a clause 4 Article 6; point g clause 2 Article 9; clauses 2
and 3 Article 10; clause 1 Article 12; point h clause 4 Article 15; clauses 2
and 3 Article 19; point a clause 2, points b and c clause 3, points a and b
clause 7 Article 22; points a, b and h clause 1 Article 23; point a clause 2,
points c and h clause 4 Article 32; clause 1 and point a clause 2 Article 34;
clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; clause 1 and point b
clause 2 Article 45; point b clause 2 Article 46; clause 2 Article 47; points a
and g clause 2 Article 53; Article 54; point b clause 1 Article 56; clause 1
Article 57; Article 58; clause 1 Article 59; Article 60; Article 61 and point a
clause 1 Article 79 of this Decree;
c) Directors of Internal Political Security
Department, Economic Security Department, Investigation Police Department for
Social Order Crimes, Police Department for Investigation into Corruption,
Economic and Smuggling Crimes, Police Department for Administrative Management
of Social Order, Cybersecurity, Hi-tech Crimes Prevention and Control
Department shall have the power to impose penalties for administrative violations
specified in point a clause 4, clause 5a, points c, d and e clause 6, points a,
b, d and g clause 7 Article 6; point b clause 3 Article 7; point g clause 2
Article 9; clauses 2 and 3 Article 10; clause 1, points a and d clause 3
Article 12; point h clause 4 Article 15; Article 17a; clauses 2 and 3 Article
19; point a clause 2, points b and c clause 3, points a and b clause 7 Article
22; points a, b and h clause 1, points a and b clause 3 Article 23; point a
clause 2, points c and h clause 4 Article 32; clause 1 and point a clause 2
Article 34; clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; point b
clause 5 Article 39; clause 1 and point b clause 2 Article 45; point b clause 2
Article 46; clause 2 Article 47; points a and g clause 2 Article 53; Article
54; point b clause 1 Article 56; clause 1 Article 57; Articles 58, 59, 60, 61
and point a clause 1 Article 79 of this Decree.”.
Article 2. Addition,
replacement and abrogation of some words, phrases, points, clauses and Articles
of Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 prescribing
penalties for administrative violations in the fields of judicial support,
judicial administrative actions, marriage and family, civil judgment
enforcement, bankruptcy of enterprises and cooperatives
1. Addition, replacement and abrogation of some
phrases of the Decree No. 82/2020/ND-CP:
a) The word “buộc” (“enforced”) is added before the
word “huỷ bỏ” (“invalidation”) in point e clause 3 Article 3;
b) The word “buộc” (“enforced”) is added before the
word “thông báo” (“publishing”) in point k clause 3 Article 3, point c clause 9
Article 32;
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d) The phrase “02 lần” (“twice”) is added before
the phrase “mức tiền phạt” (“fine”) in point c clause 1 Article 83; point c
clause 1, point c clause 2, point d clause 4, point d clause 5, point c clause
9, point c clause 10 Article 84; point c clause 2, point c clause 3 Article 85;
point c clause 1, point c clause 2 Article 87;
dd) The phrase “, Chánh Thanh tra tỉnh” (“,
provincial-level Chief Inspectors”) is added following the phrase “Trưởng đoàn
thanh tra chuyên ngành Bộ Tư pháp” (“heads of specialized inspection teams
established by the Ministry of Justice of Vietnam”) in clause 5 Article 84 and
point b clause 2 Article 88;
e) The phase “Chánh Thanh tra Cục Bổ trợ tư pháp”
(“Chief Inspector of the Bureau of Judicial Affairs Support”) is added before
the phrase “Chánh Thanh tra Sở Tư pháp” (“Chief Inspectors of provincial
Departments of Justice”) in clause 4 Article 84;
g) The phrase “, Cục trưởng Cục Thi hành án Bộ Quốc
phòng” (“, Director of Judgement Enforcement Agency of the Ministry of National
Defence of Vietnam”) is added following the phrase “Tổng cục trưởng Tổng cục
Thi hành án dân sự” (“Director General of Civil Judgment Enforcement
Administration”) in clause 4 Article 85;
h) The phrase “hủy kết quả” (“invalidation of
results”) is replaced with the phrase “buộc hủy bỏ kết quả” (“enforced invalidation
of results”) in point a clause 9 Article 22, point a clause 5 Article 23 and
point a clause 7 Article 24;
i) The phrase “giấy chứng nhận” (“certificate”) is
replaced with the phrase “văn bản chứng nhận đăng ký biện pháp bảo đảm, thông
báo xử lý tài sản bảo đảm” (“written certification of registration of security
interests, notice of disposal of collateral”) in clause 1 and clause 3 Article
54;
k) The phrases “các” (denoting the plural form of
noun), “và b” (“and b”) in point c clause 6 Article 39 are abrogated;
l) The phrase “có giá trị không vượt quá mức tiền
phạt được quy định tại điểm b khoản này” (“worth less than the fine specified
in Point b of this Clause”) in point c clause 2 Article 83 is abrogated.
2. Point b clause 7 Article 7, point b clause 5
Article 9, point c clause 8 Article 22, point b clause 6 Article 15, point c
clause 6 Article 24, point b clause 4 Article 26, point b clause 4 Article 29,
point d clause 8 Article 32, point c clause 5 Article 79, clause 2 Article 84,
Chapter VII are abrogated.
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Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces or
central-affiliated cities, and relevant agencies shall organize the implementation
of this Decree.
Article 4.
Implementation
1. This Decree comes into force from November 15,
2024.
2. Lawyers who commit the violation in clause 5a
Article 6 of the Decree No. 82/2020/ND-CP against competent persons or other
persons performing tasks at the request of Courts shall incur administrative
penalties according to clause 3 Article 15 and clause 3 Article 21 of the
Ordinance No. 02/2022/UBTVQH15 dated August 18, 2022 of the Standing Committee
of National Assembly.
3. Transition
a) Regulations of this Decree shall apply to the
violations which have been committed and ended before the effective date of
this Decree but are detected or being considered when or after this Decree
takes effect if such regulations do not provide for any legal liability or
impose less severe legal liability;
b) Any complaints filed against decision on
imposition of penalties for administrative violations in the fields of judicial
support, judicial administrative actions, marriage and family, civil judgment
enforcement, bankruptcy of enterprises and cooperatives which have been issued
or fully implemented before this Decree comes into force shall be considered
and settled in accordance with the Government’s Decree No. 82/2020/ND-CP dated
July 15, 2020.
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