Pháp lý doanh nghiệp 
Nghị định 110/2013/NĐ-CP xử phạt hành chính về hôn nhân gia đình
- Tổng hợp lại tất cả các quy định pháp luật còn hiệu lực áp dụng từ văn bản gốc và các văn bản sửa đổi, bổ sung, đính chính…
- Khách hàng chỉ cần xem Nội dung MIX, có thể nắm bắt toàn bộ quy định pháp luật hiện hành còn áp dụng, cho dù văn bản gốc đã qua nhiều lần chỉnh sửa, bổ sung.
thuộc tính Nghị định 110/2013/NĐ-CP
| Cơ quan ban hành: | Chính phủ |
| Số công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Số công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Số hiệu: | 110/2013/NĐ-CP |
| Ngày đăng công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày đăng công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Loại văn bản: | Nghị định |
| Người ký: | Nguyễn Tấn Dũng |
| Ngày ban hành: | 24/09/2013 |
| Ngày hết hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày hết hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Áp dụng: | |
| Tình trạng hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Tình trạng hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Lĩnh vực: | Doanh nghiệp, Vi phạm hành chính, Hôn nhân gia đình, Dân sự, Tư pháp-Hộ tịch |
TÓM TẮT VĂN BẢN
Ngày 24/09/2013, Chính phủ đã ban hành Nghị định số 110/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình, thi hành án dân sự, phá sản doanh nghiệp, hợp tác xã.
Tham khảo các quy định mới nhất liên quan đến hộ tịch tại đây.
Trong đó, đáng chú ý là một số quy định mới về các mức phạt đối với các hành vi vi phạm về đăng ký khai sinh, đăng ký kết hôn, môi giới kết hôn; xác định lại giới tính; xác định lại dân tộc… Cụ thể như: Phạt tiền từ 20 - 30 triệu đồng đối với hành vi môi giới kết hôn trái pháp luật; phạt tiền từ 3 - 5 triệu đồng đối với hành vi làm giả giấy tờ để làm thủ tục xác định lại dân tộc, xác định lại giới tính…
Đồng thời, Nghị định cũng loại bỏ kết hôn giữa những người cùng giới tính ra khỏi các trường hợp cấm kết hôn. Theo đó, các hành vi vi phạm quy định về cấm kết hôn, vi phạm chế độ hôn nhân một vợ, một chồng bao gồm: Kết hôn giữa những người có họ trong phạm vi ba đời; kết hôn giữa cha mẹ nuôi với con nuôi; đang có vợ hoặc chồng mà chung sống như vợ chồng với người khác; chưa có vợ hoặc chồng mà kết hôn với người mà mình biết rõ đang có chồng hoặc vợ… Mức phạt đối với các hành vi này cũng tăng từ 100.000 - 500.000 đồng lên 1 - 3 triệu đồng.
Bên cạnh đó, Nghị định cũng có một số quy định cụ thể đối với các vi phạm hành chính trong lĩnh vực bổ trợ tư pháp, hành chính tư pháp, thi hành án dân sự, phá sản doanh nghiệp… như: Phạt tiền lần lượt từ 10 - 20 triệu đồng và 7 - 10 triệu đồng đối với hành vi thông đồng, dìm giá trong quá trình tham gia đấu giá và gian lận về điều kiện tham gia đấu giá tài sản…
Nghị định này có hiệu lực thi hành kể từ ngày 11/11/2013; thay thế Nghị định số 60/2009/NĐ-CP ngày 23/07/2009, Nghị định số 87/2001/NĐ-CP ngày 21/11/2001 và Nghị định số 10/2009/NĐ-CP ngày 06/02/2009.
Xem thêm:
Luật Thi hành án dân sự: 07 nội dung đáng chú ý nhất
Từ ngày 01/9/2020, Nghị định này bị hết hiệu lực bởi Nghị định 82/2020/NĐ-CP.
Xem chi tiết Nghị định110/2013/NĐ-CP tại đây
tải Nghị định 110/2013/NĐ-CP
|
CHÍNH PHỦ Số: 110/2013/NĐ-CP |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Hà Nội, ngày 24 tháng 09 năm 2013 |
NGHỊ ĐỊNH
QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC
BỔ TRỢ TƯ PHÁP, HÀNH CHÍNH TƯ PHÁP, HÔN NHÂN VÀ GIA ĐÌNH, THI HÀNH
ÁN DÂN SỰ, PHÁ SẢN DOANH NGHIỆP, HỢP TÁC XÃ
Căn cứ Luật tổ chức Chính phủ ngày 25 tháng 12 năm 2001;
Căn cứ Luật xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;
Căn cứ Bộ luật dân sự ngày 14 tháng 6 năm 2005;
Căn cứ Luật hôn nhân và gia đình ngày 09 tháng 6 năm 2000;
Căn cứ Luật phá sản ngày 15 tháng 6 năm 2004;
Căn cứ Luật trợ giúp pháp lý ngày 29 tháng 6 năm 2006;
Căn cứ Luật công chứng ngày 29 tháng 11 năm 2006;
Căn cứ Luật quốc tịch Việt Nam ngày 13 tháng 11 năm 2008;
Căn cứ Luật thi hành án dân sự ngày 14 tháng 11 năm 2008;
Căn cứ Luật lý lịch tư pháp ngày 17 tháng 6 năm 2009;
Căn cứ Luật nuôi con nuôi ngày 17 tháng 6 năm 2010;
Căn cứ Luật trọng tài thương mại ngày 17 tháng 6 năm 2010;
Căn cứ Luật giám định tư pháp ngày 20 tháng 6 năm 2012;
Căn cứ Luật phổ biến, giáo dục pháp luật ngày 20 tháng 6 năm 2012;
Căn cứ Luật luật sư ngày 29 tháng 6 năm 2006 và Luật sửa đổi, bổ sung một số điều của Luật luật sư ngày 20 tháng 11 năm 2012;
Căn cứ Nghị định số 158/2005/NĐ-CP ngày 27 tháng 12 năm 2005 của Chính phủ về đăng ký và quản lý hộ tịch; Nghị định số 06/2012/NĐ-CP ngày 02 tháng 02 năm 2012 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định về hộ tịch, hôn nhân và gia đình và chứng thực;
Căn cứ Nghị định số 77/2008/NĐ-CP ngày 16 tháng 7 năm 2008 của Chính phủ về tư vấn pháp luật; Nghị định số 05/2012/NĐ-CP ngày 02 tháng 02 năm 2012 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định về đăng ký giao dịch bảo đảm, trợ giúp pháp lý, luật sư, tư vấn pháp luật;
Căn cứ Nghị định số 78/2008/NĐ-CP ngày 17 tháng 7 năm 2008 của Chính phủ về quản lý hợp tác với nước ngoài về pháp luật;
Căn cứ Nghị định số 17/2010/NĐ-CP ngày 04 tháng 3 năm 2010 của Chính phủ về bản đấu giá tài sản;
Căn cứ Nghị định số 83/2010/NĐ-CP ngày 23 tháng 7 năm 2010 của Chính phủ về đăng ký giao dịch bảo đảm;
Căn cứ Nghị định số 24/2013/NĐ-CP ngày 28 tháng 3 năm 2013 của Chính phủ quy định chi tiết thi hành một số điều của Luật hôn nhân và gia đình về quan hệ hôn nhân và gia đình có yếu tố nước ngoài;
Theo đề nghị của Bộ trưởng Bộ Tư pháp;
Chính phủ ban hành Nghị định quy định xử phạt vi phạm hành chính trong lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình, thi hành án dân sự; phá sản doanh nghiệp, hợp tác xã,
QUY ĐỊNH CHUNG
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ BIỆN PHÁP
KHẮC PHỤC HẬU QUẢ TRONG LĨNH VỰC BỔ TRỢ TƯ PHÁP
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 2 và Khoản 3 Điều này.
Tước quyền sử dụng chứng chỉ hành nghề luật sư, giấy đăng ký hành nghề luật sư hoặc giấy phép hành nghề luật sư tại Việt Nam từ 01 tháng đến 03 tháng đối với hành vi quy định tại Khoản 2, Điểm d Khoản 3 Điều này.
Tước quyền sử dụng giấy đăng ký hoạt động, giấy phép thành lập từ 01 tháng đến 03 tháng đối với hành vi quy định tại các Điểm c, d và h Khoản 3, Điểm d Khoản 4, Điểm a Khoản 6 Điều này,
Tước quyền sử dụng giấy đăng ký hoạt động từ 01 tháng đến 03 tháng đối với hành vi quy định tại Điểm c Khoản 3, Điểm a và Điểm b Khoản 4 Điều này.
Tước quyền sử dụng thẻ tư vấn viên pháp luật, chứng chỉ hành nghề luật sư từ 01 tháng đến 03 tháng đối với hành vi quy định tại Điểm c Khoản 3, các Điểm b, c, d và đ Khoản 4 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm a và Điểm b Khoản 2, Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 2 và Khoản 3 Điều này.
Tước quyền sử dụng thẻ công chứng viên từ 01 tháng đến 03 tháng đối với hành vi quy định tại Khoản 3 Điều này.
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ BIỆN PHÁP
KHẮC PHỤC HẬU QUẢ TRONG LĨNH VỰC HÀNH CHÍNH TƯ PHÁP
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 2 và Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 2 và Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm c Khoản 3, Khoản 4 Điều này.
Tước quyền sử dụng giấy đăng ký hoạt động từ 01 tháng đến 03 tháng đối với các hành vi quy định tại Khoản 3, Điểm c và Điểm d Khoản 4 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm c Khoản 2, Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm b Khoản 2, Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm b Khoản 2, Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm c Khoản 3, Khoản 4 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm b Khoản 2, Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 2, Điểm a Khoản 3 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm c và Điểm d Khoản 2, Khoản 3, Điểm b Khoản 4 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 1, Điểm c Khoản 2, Điểm a Khoản 3 Điều này.
Cảnh cáo hoặc phạt tiền từ 500.000 đồng đến 1.000.000 đồng đối với hành vi cản trở việc thực hiện quyền được thông tin, tìm hiểu, học tập pháp luật của công dân; cản trở hoạt động phổ biến, giáo dục pháp luật của cơ quan, tổ chức, cá nhân.
Tước quyền sử dụng thẻ báo cáo viên pháp luật từ 01 tháng đến 03 tháng đối với các hành vi quy định tại Điểm b Khoản 1 Điều này.
Buộc nộp lại số lợi bất hợp pháp có được do thực hiện hành vi quy định tại Điểm b Khoản 1 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 3 và Khoản 4 Điều này.
Tước quyền sử dụng thẻ cộng tác viên trợ giúp pháp lý từ 01 tháng đến 03 tháng đối với hành vi quy định tại Điểm a Khoản 3, các điểm a, b và c Khoản 4 Điều này.
Tước quyền sử dụng giấy đăng ký tham gia trợ giúp pháp lý từ 01 tháng đến 03 tháng đối với hành vi quy định tại Điểm c Khoản 2 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Điểm b Khoản 3, Khoản 4 Điều này.
Hủy bỏ giấy tờ giả đối với hành vi quy định tại Khoản 3 và Khoản 4 Điều này.
Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với hành vi khai thác, sử dụng trái phép, làm sai lệch hoặc hủy hoại thông tin về giao dịch bảo đảm bằng giấy hoặc dữ liệu điện tử.
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ BIỆN PHÁP
KHẮC PHỤC HẬU QUẢ TRONG LĨNH VỰC HÔN NHÂN VÀ GIA ĐÌNH
Buộc nộp lại số lợi bất hợp pháp có được do thực hiện hành vi quy định tại Khoản 2 Điều này.
Tước quyền sử dụng giấy phép hoạt động của văn phòng con nuôi nước ngoài tại Việt Nam từ 01 tháng đến 03 tháng đối với hành vi quy định tại Khoản 3, Điểm c và Điểm d Khoản 4 Điều này.
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ BIỆN PHÁP
KHẮC PHỤC HẬU QUẢ TRONG LĨNH VỰC THI HÀNH ÁN DÂN SỰ
Buộc khôi phục lại tình trạng ban đầu đã bị thay đổi đối với hành vi quy định tại Điểm a Khoản 4, Điểm a và Điểm b Khoản 5 Điều này.
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ BIỆN PHÁP
KHẮC PHỤC HẬU QUẢ TRONG LĨNH VỰC PHÁ SẢN DOANH NGHIỆP, HỢP TÁC XÃ
Cảnh cáo hoặc phạt tiền từ 500.000 đồng đến 1.000.000 đồng đối với hành vi cản trở, gây khó khăn trong việc thực hiện quyền nộp đơn của những người có quyền nộp đơn yêu cầu mở thủ tục phá sản đối với doanh nghiệp, hợp tác xã lâm vào tình trạng phá sản.
Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với hành vi của chủ doanh nghiệp hoặc đại diện hợp pháp của doanh nghiệp, hợp tác xã không nộp đơn yêu cầu mở thủ tục phá sản trong thời hạn quy định.
Buộc khôi phục lại tình trạng ban đầu đã bị thay đổi đối với hành vi quy định tại Khoản 2 và Khoản 3 Điều này.
Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với doanh nghiệp, hợp tác xã lâm vào tình trạng phá sản mà không thực hiện việc kiểm kê tài sản theo bảng kê chi tiết đã nộp cho Tòa án nhân dân và không xác định giá trị các tài sản đó trong thời hạn quy định.
Buộc thu hồi các khoản đã thanh toán hoặc bù trừ không đúng quy định đối với hành vi quy định tại Khoản 1 và Khoản 2 Điều này.
Phạt tiền từ 3.000.000 đồng đến 5.000.000 đồng đối với doanh nghiệp, hợp tác xã lâm vào tình trạng phá sản mà không thông báo công khai cho nhân viên và người lao động của mình biết sau khi nhận được quyết định mở thủ tục phá sản của Tòa án nhân dân.
Buộc thu hồi tài sản đã bị tẩu tán, chuyển nhượng đối với hành vi quy định tại Khoản 2 Điều này.
Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với doanh nghiệp, hợp tác xã lâm vào tình trạng phá sản không thực hiện việc xây dựng phương án phục hồi hoạt động kinh doanh theo nghị quyết của hội nghị chủ nợ lần thứ nhất và không nộp cho Tòa án nhân dân có thẩm quyền trong thời hạn quy định.
Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với doanh nghiệp, hợp tác xã lâm vào tình trạng phá sản mà không gửi báo cáo về tình hình thực hiện phương án phục hồi hoạt động kinh doanh cho Tòa án nhân dân có thẩm quyền trong thời hạn quy định.
Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với hành vi của chủ doanh nghiệp, hợp tác xã hoặc đại diện hợp pháp của doanh nghiệp, hợp tác xã, chủ sở hữu doanh nghiệp nhà nước, cổ đông công ty cổ phần, thành viên hợp danh của công ty hợp danh lâm vào tình trạng phá sản đã nộp đơn yêu cầu mở thủ tục phá sản, nhưng không tham gia hội nghị chủ nợ, không ủy quyền cho người khác tham gia hội nghị chủ nợ mà không có lý do chính đáng.
THẨM QUYỀN LẬP BIÊN BẢN VÀ XỬ PHẠT VI PHẠM HÀNH CHÍNH
Người đứng đầu cơ quan đại diện ngoại giao, cơ quan lãnh sự, cơ quan khác được ủy quyền thực hiện chức năng lãnh sự của nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài có quyền:
Thẩm quyền xử phạt vi phạm hành chính của Tòa án nhân dân được thực hiện theo quy định tại Điều 48 Luật xử lý vi phạm hành chính, cụ thể như sau:
Thẩm quyền phạt tiền của các chức danh được quy định tại Điểm b Khoản 1, Điểm b Khoản 2 và Điểm b Khoản 3 của Điều 66; Điểm b và Điểm c Khoản 1, Điểm b Khoản 2, Điểm b Khoản 3 và Điểm b Khoản 4 của Điều 67; Điểm b Khoản 1, Điểm b Khoản 2, Điểm b Khoản 3, Điểm b Khoản 4 và Điểm b Khoản 5 của Điều 68; Khoản 2 Điều 69; Điểm b Khoản 1, Điểm b Khoản 2 và Điểm b Khoản 3 của Điều 70 của Nghị định này là thẩm quyền phạt tiền đối với một hành vi vi phạm hành chính của cá nhân; đối với hành vi vi phạm của tổ chức, thẩm quyền phạt tiền tổ chức gấp 02 lần thẩm quyền phạt tiền đối với cá nhân.
Ngoài những người có thẩm quyền xử phạt quy định tại Nghị định này, những người có thẩm quyền xử phạt vi phạm hành chính của các cơ quan khác theo quy định của Luật xử lý vi phạm hành chính trong phạm vi chức năng, nhiệm vụ được giao mà phát hiện các hành vi vi phạm hành chính quy định trong Nghị định này thuộc lĩnh vực hoặc địa bàn quản lý của mình thì cũng có quyền xử phạt.
ĐIỀU KHOẢN THI HÀNH
|
Nơi nhận: |
TM. CHÍNH PHỦ |
THE GOVERNMENT
Decree No.110/2013/ND-CP dated of September 24th, 2013 of the Government on regulating sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy
Pursuant to the Law on organization of the Government dated December 25, 2001;
Pursuant to the Law on handling of administrative violations dated June 20, 2012;
Pursuant to Civil Code dated June 14, 2005;
Pursuant to the Law on Marriage and Family dated June 9, 2000;
Pursuant to Bankruptcy Law dated June 15, 2004;
Pursuant to the Law on Legal Aid dated June 29, 2006;
Pursuant to the Law on notarization dated November 29, 2006;
Pursuant to the Law on Vietnamese nationality dated November 13, 2008;
Pursuant to the Law on civil judgment enforcements dated November 14, 2008;
Pursuant to the Law on judicial record dated June 17, 2009;
Pursuant to the Law on Adoption dated June 17, 2010;
Pursuant to the Law on Commercial Arbitration dated June 17, 2010;
Pursuant to the Law on Judicial Expertise dated June 20, 2012;
Pursuant to the Law on legal dissemination and education dated June 20, 2012;
Pursuant to the Law on Lawyers dated June 29, 2006 and the Law amending and supplementing a number of articles of the Law on Lawyers dated November 20, 2012;
Pursuant to Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on the registration and management of civil status; Decree No. 06/2012/ND-CP dated February 02, 2012 of the Government amending and supplementing a number of articles of the Decrees on civil status, marriage and family and certification;
Pursuant to Decree No. 77/2008/ND-CP dated July 16, 2008 of the Government on legal consultation; Decree No. 05/2012/ND-CP dated February 02, 2012 of the Government amending and supplementing a number of articles of the Decree on registration of secured transactions, legal aid, lawyers and legal consultation;
Pursuant to Decree No. 78/2008/ND-CP dated July 17, 2008 of the Government on management of cooperation with foreign countries on law;
Pursuant to Decree No. 17/2010/ND-CP dated March 4, 2010 of the Government on property auction;
Pursuant to Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transactions;
Pursuant to Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government detailing the implementation of a number of articles of the Law on Marriage and Family involving marriage and family relation with foreign elements;
At the proposal of Minister of Justice;
The Government issues Decree stipulating the sanction of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcements, Enterprise and cooperative bankruptcy,
Chapter 1.
GENERAL REGULATION
Article 1.Scope of adjustment
1. This Decree stipulates the acts of administrative violations; forms, level of sanction, remedial measures for each act of administrative violation; authority to make violation record, sanctioning authority, specific fine level for each title for acts of administrative violation in the following areas:
a) Judicial assistance, including: Lawyer, legal consultation, notarization, judicial expertise, property auction and commercial arbitration;
b) Judicial administration, including: Certification, civil status, nationality; judicial record, legal dissemination and education; international cooperation, registration of secured transactions;
c) Marriage and family;
d) Civil judgment enforcement;
dd) Enterprise and cooperative bankruptcy.
2. Acts of administrative violation in other state management fields relating to the fields specified at Points a, b, c, Article and dd, Clause 1 of this Article not prescribed in this Decree shall apply the provisions in the Decrees stipulating the sanction of administrative violation in those fields for sanction.
Article 2.Subjects sanctioned
1. Individuals and organizations committing administrative violation in the field specified in Clause 1, Article 1 of this Decree.
2. Organizations are subjects which have been sanctioned under the provisions of this Decree including:
a) Notarization organization; lawyer’s occupational – social organization; lawyer practicing organization; foreign lawyer practicing organization in Vietnam; legal consultation center; judicial expertise office; professional auction organization; arbitration center; foreign arbitration organization in Vietnam;
b) Center of marriage and family consultation and assistance involving foreign elements; foreign adoption office; legal aid organization;
c) Enterprises and cooperatives conducting bankruptcy procedures;
d) Central agencies of social organization, occupational – social organization and attached units of these organizations performing international cooperation on law with governmental agencies, inter-governmental international organization and foreign non-governmental organizations;
dd) State agencies having acts of violation which are not under the state management duties assigned.
e) Other organizations which are not state agencies have committed administrative violation in the fields specified in Clause 1, Article 1 of this Decree.
Article 3.Remedial measures
1. In addition to the remedial measures specified in Article 28 of the Law on handling of administrative violation, this Decree also specifies other additional remedial measures for acts of violation prescribed in Chapter II, III, IV, V and VI of this Decree, including:
a) Invalidating result of property auction;
b) Destroying false papers;
c) Coercively revoking the improper payments or offsets inconsistently with law;
d) Coercively revoking property scattered and hidden and transferred inconsistently with law.
2. For remedial measures specified at Point a and b, Clause 1 of this Article but the person having authority to sanction does not have authority to cancel, then the person or agency with authority to cancel shall be proposed.
Article 4. Regulation on fine level for organizations and individuals
1. The fine level specified in Chapter II, III, IV, V and VI of this Decree shall apply for individual’s acts of administrative violation, except as otherwise provided in Clause 2 of this Article; in case the organizations having acts of administrative violation as individuals, the fine level is twice as much as that for individuals.
2. The fine level specified in Articles 7, 8, 9, 15, 18, 21, 22, 29, 44, 51, 58, 59, 60, 62 and 63 of this Decree shall apply for organizations.
Chapter 2.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF JUDICIAL ASSISTANCE
SECTION 1. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN LAWYER’S ACTIVITIES
Article 5. Acts of violation on dossier for issuance of lawyer practicing certificate; registration certificate for lawyer practice, lawyer practicing permit in Vietnam; dossier for issuance of operation registration certificate of lawyer practicing organization, branch of lawyer practicing organization; dossier for issuance of branch establishment permit of foreign lawyer practicing organization, foreign law company and branch of foreign law company in Vietnam
1. A caution or fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for issuance of lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam.
b) Modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for issuance of operation registration certificate of lawyer practicing organization, branch of lawyer practicing organization; branch establishment permit of foreign lawyer practicing organization, foreign law company and branch of foreign law company in Vietnam.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Using false documents in dossier for issuance of lawyer practicing certificate, registration certificate for lawyer practice and lawyer practicing permit in Vietnam;
b) Using false documents in the dossier for issuance of operation registration certificate, change of content of operation registration of lawyer practicing organization, branch of lawyer practicing organization; branch establishment permit of foreign lawyer practicing organization, foreign law company and branch of foreign law company in Vietnam.
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Falsifying documents in the dossier for issuance of lawyer practicing certificate, registration certificate for lawyer practice and lawyer practicing permit in Vietnam;
b) Falsifying documents in the dossier for issuance of operation registration certificate, change of content of operation registration of lawyer practicing organization; branch of lawyer practicing organization; branch establishment permit of foreign lawyer practicing organization, foreign law company and branch of foreign law company in Vietnam.
4. Remedial measures:
Destroying false papers for acts specified in Clause 2 and 3 of this Article.
Article 6. Acts of violation of regulation on lawyer practicing operation
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to inform clients of the rights, obligations and responsibilities of his/her profession in the performance of legal services to clients;
b) Lawyer practicing as individual fails to register his/her practice with the competent authority in case of change of bar association.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Lawyer practicing as individual providing legal services for other agencies, organizations and individuals in addition to agencies and organizations with which he/she has signed labor contract, unless otherwise required by the state agency or involved in the proceedings in criminal case as required by the procedure conducting agency and performing legal aid as assigned by the bar association in which the lawyer is a member.
b) Establishing or participating in establishment from two lawyer practicing organizations or more.
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing and falsifying the content of lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam, certificate of participation in the proceedings, counsel certificate;.
b) Lawyer practicing as an individual without registration of practice at the competent authority, unless otherwise specified at Point b, Clause 1 of this Article;
c) Foreign lawyer is still practicing in Vietnam when his/her certificate of practice has expired.
d) Allowing other persons to use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam for lawyer practice.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Lawyer performs practice before having been issued with registration certificate for lawyer practice and lawyer practicing permit in Vietnam;
b) Foreign lawyer practicing in improper form and scope of practice prescribed for foreign lawyer in Vietnam;
c) Using lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam of other persons to perform the lawyer practice;
d) Using false lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam, certificate of participation in proceedings and counsel certificate.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Forging lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam, certificate of participation in proceedings and counsel certificate.
b) Impersonating lawyer to practice law in any form;
c) Deliberately delaying and extending time or causing difficult, hinder the operation of state agencies;
d) Harassing or deceiving customers, receiving, requiring any other amount or material benefits in addition to remuneration and costs agreed in the legal service contract;
dd) Performing lawyer practice without lawyer practicing certificate or joining bar association;
e) Foreign lawyer practicing in Vietnam in the absence of practicing conditions.
6. Depriving the right to use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam from 06 to 12 months for one of the following acts:
a) Performing legal service without a written contract signing or with contract signing but lack of one of the content specified in Clause 2, Article 26 of the Law on Lawyers;
b) Providing legal services for clients with conflicting interests in the same case.
c) Intentionally providing false documents and exhibits;
d) Inciting customers to making false declarations or inciting customers to make complaints and denunciations in contradiction with the law;
dd) Disclosing information about cases or clients known while practicing, unless otherwise agreed by clients in writing or prescribed by law;
e) Establishing illegal contacts and relations with the procedure conducting person, person involved in procedures, cadres and other public servants to contravene regulations of law.
7. Additional sanctions:
Depriving the right to use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam from 01 to 3 months for acts specified in Clause 2, Point d, Clause 3 of this Article.
8. Remedial measures:
a) Destroying false papers for acts specified at Point d, Clause 4, Point a, Clause 5 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Clause 4, Points a, b, d, dd and e, Clause 5, Point a and b, Clause 6 of this Article.
Article 7. Acts of violation of regulation on organization of lawyer practice and foreign lawyer practice in Vietnam
1. A warning or a fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts as follows:
a) Failing to inform in writing or inform in a timely manner to the competent authority of establishing the lawyer practicing office abroad or terminating operation of lawyer practicing office abroad;
b) Failing to inform in writing or inform in a timely manner to the competent authority of operation registration, modification of content of operation registration, suspension of operation, self-termination of operation, consolidation, merger and transformation of form of practice organization;
c) Failing to inform in writing or inform in a timely manner to the competent authority of suspension, continuity of operation or self-termination of operation of branch of foreign lawyer practicing organization, foreign law firm, branch of foreign firm in Vietnam;
d) Failing to inform in writing or inform in a timely manner to the competent authority of hiring foreign lawyer;
dd) Failing to make a report or make timely report on operation organization to the competent authority;
e) Failing to announce or announce proper content, time limit, number of time and form of announcement as prescribed for the content of operation registration, content of modification of operation of lawyer practicing organization.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Failing to register the modification of content of operation registration in a timely manner with the state competent authority;
b) Assigning a lawyer to guide more than 03 (three) legal apprentices in the same point of time;
c) Having no signboard or using signboard not in conformity with the contents of operation;
d) Failing to prepare, manage and use of types of book and form on lawyer organization and operation;
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying the content of branch establishment permit of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam;
b) Modifying, erasing or falsifying the content of operation registration certificate of lawyer practicing organization, branch of lawyer practicing organization, branch of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam;
c) Allowing person who are not lawyer of their organization to perform legal practice in the name of their organization.
d) Failing to operate in proper field of practice specified in operation registration certificate of lawyer practicing organization, branch establishment permit of foreign lawyer practicing organization, foreign law firm and branch of law firm in Vietnam or operate at proper head office registered;
dd) Failing to appoint lawyer of their organization to participate in the procedure as assigned by the bar association;
e) Failing to buy professional liability insurance for lawyers of their organization;
g) Foreign lawyer practicing organization in Vietnam operates without ensuring at least 02 (two) foreign lawyers who are present and perform practice in Vietnam from 183 days or more in 12 consecutive months, including branch manager and Director of foreign law firm;
h) Allowing other organization to use operation registration certificate, establishment permit, and operation registration certificate of branch of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam for lawyer operation.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Using false operation registration certificate of lawyer practicing organization and branch of lawyer practicing organization; false establishment permit of branch of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam;
b) Collecting money or other material benefits in addition to the remuneration and costs agreed in the legal services contract which has been signed;
c) Using the other organization’s operation registration certificate for lawyer operation, establishment permit of branch of foreign lawyer practicing organization, foreign law firm, branch of foreign law firm in Vietnam for lawyer operation;
d) Providing legal services at transaction office of lawyer practicing organization;
dd) Modifying content of operation of lawyer practicing organization before being issued with operation registration certificate; modifying content of operation of branch of foreign lawyer practicing organization, foreign law firm, branch of foreign law firm in Vietnam without a written approval of competent state authority.
e) Branch of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam have committed regulations on scope of practice specified in Article 70 of Law on Lawyers;
g) Operating without being issued with operation registration certificate.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of forging operation registration certificate of lawyer practicing organization, branch of lawyer practicing organization; branch establishment permit of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam;
6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:
a) Failing to register with the competent authority on the operation of lawyer practicing organization, branch of lawyer practicing organization, branch of foreign lawyer practicing organization, foreign law firm and branch of foreign law firm in Vietnam;
b) Operating in the name of lawyer practicing organization without being a lawyer practicing organization.
7. Additional sanctions:
Depriving the right to use operation registration certificate and establishment permit from 01 to 03 months for acts specified at Point c, d and h, Clause 2, Point d, Clause 4, Point a, Clause 6 of this Article.
8. Remedial measures:
a) Destroying false papers for acts specified at Point a, Clause 4 and 5 of this Article.
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point a, b, c and g, Clause 4 and 5, Point b, Clause 6 of this Article.
Article 8. Act of violation of lawyer’s occupational – social organization
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to report to the competent authority on the general meeting organization plan or result of general meeting of bar association;
b) Failing to report or report in a timely manner to the competent state authority on organization and operation of lawyer’s occupational – social organization.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for acts of failing to assign the lawyer practicing organization to appoint lawyer and failing to directly appoint lawyer to practice as an individual participating in the procedure as required by the procedure conducting agency.
SECTION 2. ACT OF ADMINISTRATIVE VIOLATION, FORM OF SANCTION AND REMEDIAL MEASURES IN LEGAL CONSULTATION OPERATION
Article 9. Acts of violation of regulation on legal consultation center
1. A warning or a fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of failing to post the remuneration of legal consultation at the head office.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to report or report in a timely manner to the competent state authority on organization and operation annually or when required; failing to formulate, manage and use types of book and form;
b) Failing to inform in writing or inform in a timely manner to the competent authority upon modification of registered content or termination of operation of legal consultation center; change of center director, branch manager, legal consultant, lawyer; opening or terminating operation of branch of legal consultation center.
3. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Having no signboard or using signboard not in conformity with the contents of operation;
b) Assigning person who are not legal consultant, legal consultation collaborator of legal consultation center and lawyer practicing as an individual under labor contract for the center to perform legal consultation;
c) Appointing person who are not legal consultant, legal consultation collaborator of legal consultation center and lawyer practicing as an individual under labor contract for the center to participate in the procedure to counsel, represent, protect the rights and legitimate interests of agencies, organizations and individuals requesting legal consultation;
d) Modifying, erasing and falsifying the contents of operation registration certificate;
dd) Performing legal consultation without being issued with operation registration certificate;
4. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Operating in improper scope of practice specified in the operation registration certificate;
b) Allowing person who are not legal consultant of the center to operate legal consultation in the name of their organization;
c) Failing to register operation of legal consultation center and branch of legal consultation center at the competent authority.
d) Using false operation registration certificate
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on organization as follows:
7. Additional sanctions:
Depriving the right to use the operation registration certificate from 01 to 03 months for the acts specified at Point c, Clause 3, Point a and b, Clause 4 of this Article.
8. Remedial measures:
a) Destroying false papers for acts specified at Point Article, Clause 4 and 5 of this Article;
b) Coercively surrender the illegal benefits obtained by acts specified at Point dd, Clauses 3, 4, 5 and 6 of this Article;
Article 10. Acts of violation of regulation on legal consultation
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of modifying, erasing or falsifying content of documents issued by the competent authority in dossier for issuance of legal consultant card.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for acts of using false documents in dossier for issuance of legal consultant card.
3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing and falsifying the content of legal consultant card;
b) Requiring money or other material benefits in addition to the remuneration collected by legal consultation center;
c) Taking advantage of name of legal consultation center, legal consultant, lawyer, legal consultation collaborator to perform legal consultation for their own benefit;
d) Forging documents in dossier for issuance of legal consultant;
dd) Using false legal consultant card;
4. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Forging legal consultant card;
b) Inciting individuals, organizations requiring legal consultation to provide false information and documents against competent state authority;
c) Inciting individuals, organizations requiring legal consultation to make complaints and denunciation or initiate a lawsuit against the law;
d) Deliberately giving legal advice to parties with conflicting interests in the same case.;
dd) Disclosing information about cases or clients known while practicing, unless otherwise agreed by clients in writing or prescribed by law;
e) Not being legal consultant but still performing legal consultation in the name of legal consultant;
5. Additional sanctions:
Depriving the right to use legal consultant card or lawyer practicing certificate from 01 to 03 months for acts specified at Point c, Clause 3, Points b, c, Article and dd, Clause 4 of this Article.
6. Remedial measures:
a) Destroying false papers for acts specified in Clause 2, Point Article and dd, Clause 3, Point a, Clause of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, c and dd, Clause 3, Points a and e, Clause 4 of this Article.
SECTION 3. ACTS OF ADMINISTRATIVE VIOLATION, FORM OF SANCTION AND REMEDIAL MEASURES IN NOTARIZATION ACTIVITIES
Article 11. Acts of violation of regulation on dossier and procedures for appointment of notary public, issuance of notary public card; dossier for establishment and operation registration, request for modification of contents of operation registration of notary office.
1. A caution or fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying the contents of papers issued by the competent authority in dossier for issuance of appointing notary public and issuance of notary public card;
b) Modifying, erasing or falsifying the content of documents and materials issued by the competent authority in the dossier for establishment, operation registration and modification of content of operation registration of notary office.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Using false documents in the dossier for appointment of notary public;
b) Using false documents in dossier for establishment, operation registration, and modification of content of operation registration of notary office.
c) Failing to confirm the right time to perform legal work, the time and result of apprenticeship of notary public to propose the appointment of notary public.
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Forging documents in dossier for proposing notary public;
b) Forging documents in dossier for establishment, operation registration, and modification of content of operation registration of notary office.
4. Remedial measures:
Destroying false papers for acts specified at Point a and b, Clause 2 and 3 of this Article.
Article 12. Acts of violation of regulation on notarization of contract and transaction
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Being fraudulent, dishonest upon request for notarization or witness;
b) Modifying, erasing or falsifying the contents of papers for contract or transaction to be notarized;
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for acts of using false documents for contract or transaction to be notarized;
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for acts of forging documents or impersonating the subject for the contract or transaction to be notarized.
4. Remedial measures:
Destroying false papers for acts specified in Clause 2 and 3 of this Article.
Article 13. Acts of violation of regulation of notary public on testament custody; notarization of contract of real estate mortgage, testament, written agreement of division of heritage property, written declaration and receipt of heritage property and written rejection of heritage property
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to seal the testament in the presence of the testator, failing to record the custody and deliver custody certificate to the testator upon testament custody.
b) Failing to post or properly post the location, time limit and content of the written agreement of division of heritage property and written declaration and receipt of heritage property.
2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Notarizing contract of real estate mortgage inconsistently with the law on notarization;
b) Notarizing testament in case the testator does not request the notarization himself/herself; the testator is suffering from mental illness or other diseases without awareness and control of his/her acts or there are grounds that the making of testament that cannot be aware of and make all his acts or has signs of deception, intimidation or coercion;
c) Notarizing testament without specifying in the notarized document the reason why the testator has not fully introduced documents as prescribed in case the testator’s life is threatened;
d) Notarizing the written declaration and receipt of heritage property in case where there is no agreement between persons receiving heritage as prescribed by law property upon undivided heritage property;
dd) Notarizing the written agreement of division of heritage property and written declaration and receipt of heritage property in case of inheritance as prescribed by law but the person requesting notarization has no documents to prove the relationship between the testator and inheritor under the testament that the testator has left no testament.
e) Notarizing the written agreement of division of heritage property and written declaration and receipt of heritage property in case the heritage property is the land use right but the person requesting notarization has no document to prove his/her land use right and property ownership of the person leaving that heritage property;
g) Notarizing the written agreement of division of heritage property and written declaration and receipt of heritage property without identifying that the person leaving the heritage property is the one having land use right, property ownership and that persons requesting notarization are the ones receiving the heritage property or there are grounds that the leaving and enjoying of heritage property are not in accordance with law.
h) Notarizing the written agreement of division of heritage property and written declaration and receipt of heritage property without posting the written agreement of division of heritage property
i) Notarizing the written rejection of heritage property in case of inheritor’s rejection in order to perform his/her property obligation for other persons. Notarizing the rejection of heritage property which has exceeded 06 months from the date of inheritance opening.
Article 14. Act of violation of regulation on notary public
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Notarization is done outside the practicing notarization organization’s office inconsistently with the provisions of Article 39 of the Law on Notarization;
b) Notarization has not been done within the prescribed time limit;
c) Fixing technical errors of notarized documents improperly
d) Harassing, making things difficult for the person requesting the notarization;
dd) Refusing to notarize contract or transaction without grounds.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Disclosing the notarized contents without the consent in writing of the notarization requester unless otherwise provided by law;
b) Notarizing contract or transaction without signature of notarization requester and of notary public on each page of contract or transaction;
c) Receiving or requiring any amount of money, and other material benefits from the notarization requester in addition to notary fees as prescribed by law, specified notary remuneration and agreed costs;
d) Failing to witness the notarization requester to sign on the notarized document unless otherwise specified by law;
dd) The notary’s testimony in the notarized document has missed contents as prescribed in Article 5 of the Law on Notary.
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Notarizing beyond powers as prescribed in Article 37 of the Law on Notary;
b) Notarizing relating to the property and interests of himself/herself or spouse, natural parents, parents in law, adoptive parents, natural children, adopted children, daughter-in-law, son-in-law, paternal grandparents, maternal grandparents, siblings, spouse’s siblings, nephew or niece as child of son or daughter, adopted child;
c) Permitting other persons to use his/her notary public card to perform notary practice;
d) Notarizing the modification, supplementation or annulment of contract and transaction inconsistently with provisions in Article 44 of the Law on Notary;
dd) Notarizing contracts or transactions in case there is no ground to determine the use rights and private ownership of property while participating in the transaction;
e) Notarizing contract and transaction with illegal contents and in contradiction with social morality;
g) Modifying, erasing and falsifying contents of notary public card.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Using false notary public card;
b) Using false notary public card of other persons for notary practice;
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Forging notary public card;
b) Individual has no authorized notarization but operating in the name of authorized notary.
6. Depriving the right to use notary public car
d for 12 months for acts of prior notarization in contract or transaction when the parties of the contract or transaction have not been identified yet.
7. Additional sanctions:
Depriving the right to use notary public card from 01 to 03 months for acts specified in Clause 3 of this Article.
8. Remedial measures:
a) Destroying false papers for acts specified at Point a, Clause 4, Point a, Clause 5 of this Article;
b) Coercively surrendering the illegal benefits obtained by acts specified at Point c, Clause 2, 4 and 5 of this Article.
Article 15. Acts of violation of regulation on operation of notarization organization
1. A warning or a fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts as follows:
a) Failing to post working schedule notarization procedures, notarization fees and remuneration, rule to receive the notarization requesters at the head office of notarization organization;
b) Failing to publish or publish properly and complete content, duration and number of times as prescribed on content of operation registration;
c) Failing to prepare, manage and use of types of book and form as prescribed by law;
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Failing to store or store notarized dossiers improperly;
b) Having no signboard or using signboard inconsistently with prescribed form;
c) Operating inconsistently with the registered content of operation.
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying the contents of establishment decision on notary office and operation registration certificate;
b) The notary office has not bought professional liability insurance for its organization’s notaries.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Failing to register operation or registering in a timely manner with the competent state agency
b) Failing to inform or inform in a timely manner of the change in content of operation registration;
c) Opening branch, representative office, establishment and other transaction locations in addition to the head office of notarization organization,
d) Failing to agree upon the transferring testament to the other notarization organization to keep it before it is dissolved or terminated its operation in contradiction with the law; failing to return the testament and fee of testament custody in case of failing to agree with the testator.
dd) Using false establishment decision on notary office and operation certificate;
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of forging the establishment decision on notary office and operation certificate;
6. A fine of between VND 40,000,000 and 60,000,000 shall be imposed on agencies or organizations that have no authorized notarization but operate in the name of agencies or organizations that have no authorized notarization.
7. Remedial measures:
a) Destroying false papers for acts specified at Point dd, Clause 4, 5 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Points dd, Clause 4, 5 and 6 of this Article.
SECTION 4. ACTS OF ADMINISTRATIVE VIOLATION, FORM OF SANCTION AND REMEDIAL MEASURES IN JUDICIAL EXPERTISE
Article 16. Acts of violation of regulation on person requesting judicial expertise
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for acts of modifying, erasing or falsifying contents of papers or materials attached to the written expertise request.
2. A fine of between VND 1,000,000 and 3,000,000 for the acts of failing to provide full and correct information and materials related to the subject to be inspected at the request of individuals or organization performing the expertise.
3. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Forging or falsifying the subject to be inspected;
b) Inciting or forcing judicial expert to give false conclusion of judicial expertise.
Article 17. Acts of violation of regulation on judicial expert; dossier for establishment; dossier for operation of judicial expertise office
1. A warning or a fine of between VND 500,000 to 1,000,000 for acts of modifying, erasing or falsifying the content of documents issued by the competent authority in the dossier for establishment or dossier for registration of judicial expertise office.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to perform timely inspection as required without plausible reason;
b) Failing to record the entire process of expertise in writing;
c) Performing expertise in case of ineligibility for expertise;
3. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Fraudulently exchanging or falsifying the subject to be inspected;
b) Failing to store samples and materials related to the inspected case;
c) Disclosing the result of expertise to other persons without consent in writing from expertise requestor or solicitor;
d) Failing to formulate or keep expertise dossier;
dd) Failing to perform expertise in accordance with the inspected contents;
e) Failing to comply with the expertise process or professional regulation during the expertise;
g) Modifying, erasing or falsifying the contents of expertise documents;
h) Using false documents in the dossier for appointment of expert;
i) Using false documents in the dossier for establishment or dossier for operation registration of judicial expertise office.
4. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Taking advantage of their expertise in order to make a profit;
b) Disclosing secret of investigation they know when participating in criminal proceedings as a judicial expert; disclosing information secret they know when performing the expertise for other cases;
c) Denying the result of expertise without plausible reason;
d) Deliberately giving false conclusion;
dd) Forging documents in dossier for appointment of expert;
e) Forging documents in dossier for establishment, operation registration of judicial expertise office;
g) Performing expertise in case of required expertise refusal;
h) Failing to honestly record the result of during the expertise.
5. Remedial measures:
a) Destroying false papers for acts specified at Point h and i, Clause 3, Point dd and e, Clause 4 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point a, Clause 4 of this Article.
Article 18. Acts of violation of regulation on judicial expertise office
1. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying the content of operation registration certificate;
b) Failing to assign the person with professional capacity consistent with the content of expertise of their office to perform the expertise;
c) Performing the expertise but failing to ensure the equipment, means and other conditions necessary for the expertise.
d) Failing to formulate or keep expertise dossier;
dd) Receiving and organizing the expertise in case of required expertise refusal;
e) Using false operation registration certificate;
2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for the acts of forging operation registration certificate.
3. Remedial measures:
a) Destroying false papers for acts specified at Point e, Clause 1, 2 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Points dd and e, Clause 1 and 2 of, Point a of this Article.
SECTION 5. ACTS OF ADMINISTRATIVE VIOLATION, FORM OF SANCTION AND REMEDIAL MEASURES IN PROPERTY AUCTION.
Article 19. Acts of violation of regulation on auctioneers and other persons related to the auction activities
1. A warning or a fine of between VND 500,000 and 1,000,000 for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for issuance of auction practicing certificate.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Using false documents in dossier for issuance of auction practicing certificate;
b) Failing to make a record or record details of auction session; failing to record the result of auction in the book of property auction registration;
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Forging documents in the dossier for issuance of auction practicing certificate;
b) Modifying, erasing or falsifying the content of auction practicing certificate;
c) Person working for property auction organization, members of auction council, assistant of auction council participating or permitting person who is not permitted to participating in property auction but in auction;
d) Obstructing or making it difficult for auction participants during the property auction process;
dd) Failing to run the auction in order;
e) Resisting or obstructing the listing and announcement of property auction;
g) Using the another persons’ auction practicing certificate to run the auction;
h) Permitting another person to use their auction practicing certificate to run the auction.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Using false auction practicing certificate;
b) Not being the auctioneer but running the auction unless otherwise prescribed by law;
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of forging the auction practicing certificate.
6. Depriving the right to use the auction practicing certificate from 06 to 09 months against the auctioneer running the auction which is performed by an organization having no function of auction.
7. Depriving the right to use the auction practicing certificate from 06 to 09 months against the auctioneer who has one of the following acts:
a) Preparing fraudulent list of person registering to buy the auctioned property, preparing fraudulent or untruthful dossier;
b) Colluding or lowering price by tricks in property auction.
8. Remedial measures:
a) Destroying false papers for acts specified at Point a, Clause 2, Point a, Clause 3, Point a, Clause 4 or 5 of this Article;
b) Annulling the result of property auction for acts specified at Point c, Clause 3 of this Article in case the person who buys property is not permitted for participating in property auction;
c) Annulling the result of property auction against the acts specified at Point g, Clause 3, Point b, Clause 4, 6 and 7 of this Article;
d) Coercively surrendering the illegal benefits obtained by acts specified at Point a, Clause 4, 5 of this Article;
Article 20. Acts of violation of regulation on property auction participants
1. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for fraudulent acts on property participation conditions.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of colluding or lowering price by tricks during the auction.
3. Remedial measures:
a) Annulling the result of property auction against acts specified in Clause 1 of this Article in case the person who may buy property is fraudulent person;
b) Annulling the result of property auction against acts specified in Clause 1 of this Article.
Article 21. Acts of violation of regulation on property auction organization
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for acts of failing to inform or inform in a timely manner of the issuance of business registration certificate of property auction service to the competent state authority where the enterprise or branch has its head office.
2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Collecting fees, advanced money, cost of auction services and other amounts improperly;
b) Failing to preserve the auctioned properly upon handover;
c) Auctioning property which has not been inspected as prescribed;
d) Failing to comply with the reporting regime, prepare, manage or use books or forms improperly;
dd) Failing to register list of auctioneers; failing to register the change or supplementation of list of auctioneers;
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Failing to comply with the provisions on the listing and announcement of property auction or look at the auctioned property;
b) Failing to list or announce the property auction; failing to organize so that the auction participants may look at the auctioned property;
c) Failing to display the auctioned property, limit the look at auctioned property, documents of auctioned property before the opening day of property auction;
d) Failing to issue rules and regulations on property auction;
dd) Appointing person who are not the auctioneer to run the property asset;
e) Permitting the other individuals or organizations to conduct the property auction under their own name;
g) Issuing the auctioneer card to the person who is ineligible or does not work at their organizations;
h) Making evaluation and auction for the same property;
4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for acts of conducting the property auction without function of property auction.
5. Remedial measures:
a) Annulling the result of property auction for the acts specified at Point c, Clause 2, Points b, dd and h, Clause 3 and 4 of this Article;
b) Coercively surrendering the illegal benefits obtained by acts specified at Point a, Clause 2 of this Article.
SECTION 6. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN COMMERCIAL ARBITRATION
Article 22. Acts of violation of regulation on arbitration center and foreign arbitration organization in Vietnam
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to inform in writing or inform in a timely manner to the competent state authority of the change of legal representative of arbitration center, manager of branch of arbitration center; manager of branch or manager of representative office of foreign arbitration organization;
b) Failing to inform in writing or inform in a timely manner to the competent state authority of the change of location of head office of arbitration center, branch of arbitration center; branch of foreign arbitration organization, representative office of foreign arbitration organization;
c) Failing to inform in writing or inform in a timely manner to the competent state authority of the change of list of arbitrator of arbitration center, branch of foreign arbitration organization;
d) Failing to inform in writing or inform in a timely manner to the competent state authority of the establishment of branch of arbitration center, representative office of foreign arbitration organization;
dd) Failing to inform in writing or inform in a timely manner to the competent state authority of the termination of operation and completion of procedures for termination of operation;
e) Failing to publish or publish properly and complete content, duration and number of times as prescribed upon the establishment of arbitration center or branch of foreign arbitration organization in Vietnam;
g) Failing to list or list the full list of arbitrator and significant contents on arbitration center;
h) Failing to comply with the reporting regime, prepare, manage or use books or forms improperly;
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for failing to register the change in content of establishment license at the competent state authority;
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Performing the operation inconsistently with the content of establishment permit of arbitration center, branch or representative office of foreign arbitration organization; charter of arbitration center;
b) Performing the operation before being issued with the operation registration certificate;
c) Permitting other organization to use its operation registration certificate;
d) Failing to form rules of proceedings of arbitration center or the contents of procedural rules of the center are in contradiction with the regulations of law on arbitration;
dd) Failing to keep arbitration documents or keep properly as prescribed in Article 64 of the Law on commercial arbitration;
e) Failing to provide copy of arbitration decision at the request of disputing parties or competent state authority;
g) Failing to delete arbitrator in the list of arbitrator of arbitration center when the arbitrator is no longer qualified as an arbitrator;
h) Modifying, erasing or falsifying the contents of establishment certificate and operation registration certificate;
i) Operating under the modified or supplemented charter without approval from the competent state authority;
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Using false establishment certificate and operation registration certificate;
b) Using the other organization’s operation registration certificate;
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of forging the establishment certificate and operation registration certificate;
6. Remedial measures:
a) Destroying false papers for acts specified at Point a, Clause 4 and 5 of this Article;
b) Coercively surrendering the illegal benefits obtained by acts specified at Point b, Clause 3, 4 and 5 of this Article.
Article 23. Acts of violation of regulation on arbitrator; dossier for establishment registration; dossier for issuance of registration certificate of arbitration center and foreign arbitration organization in Vietnam.
1. A warning or a fine of between 500,000 and 1,000,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for establishment registration, dossier for issuance of registration certificate of arbitration center and foreign arbitration organization in Vietnam.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:
a) Disclosing confidential information related to the content of dispute settled down by the arbitrator but leading to damage to the parties involved in the proceedings;
b) Requiring customers to give money or other material benefits in addition to the costs of arbitration;
c) Working as arbitrator without eligibility for arbitrator;
d) Using false documents in dossier for establishment, dossier for operation registration, dossier for modification of content of establishment certificate, operation registration certificate of arbitration center and branch of foreign arbitration organization;
3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for forging documents in dossier for establishment, dossier for operation registration, dossier for modification of establishment permit, operation registration certificate of arbitration center, branch of foreign arbitration organization.
4. Remedial measures:
a) Destroying false papers for acts specified at Point d, Clause 2 and 3 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Points dd, Clause 4, 5 and 6 of this Article.
Chapter 3.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF JUDICIAL ADMINISTRATION
SECTION 1. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF CERTIFICATION
Article 24. Acts of violation of regulation on certification of copy from the original, certification of signature
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for acts of modifying, erasing or falsifying contents of the original for certification of copy; contents of translation for certification of translator’s signature.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Using false documents for certification procedures;
b) Using false documents as certified copy; forging the certifier’s signature;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Forging the documents for certification procedures;
b) Forging the certified copy;
4. Remedial measures:
Destroying false papers for acts specified in Clause 2 and 3 of this Article;
Article 25. Acts of violation of regulation on certification of contract or transaction
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for act of modifying, erasing or falsifying the contents of papers issued by the competent authority for certification of contract or transaction.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for acts of using false documents for certification of contract or transaction.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging documents or impersonating the subject for the contract or transaction to be notarized.
4. Remedial measures:
Destroying false papers for acts specified in Clause 2 and 3 of this Article;
Article 26. Acts of violation of regulation on certification of translator’s signature
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for acts of modifying, erasing or falsifying the contents of diploma or foreign language certificate for complete procedures for certification of translator’s signature.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the translator who uses false papers, diploma or foreign language certificate to qualify the certification of translator’s signature.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on the translator with one of the acts as follows:
a) Forging papers, diploma or foreign language certificate to qualify the certification of translator’s signature.
b) Requiring money or other material benefits in addition to the translation remuneration as agreed;
c) Performing mistranslation in order to make a profit;
4. Remedial measures:
a) Destroying false papers for the acts specified in Clause 2, Point a, Clause 3 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, c, Clause 3 of this Article.
SECTION 2. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MANAGEMENT OF CIVIL STATUS, NATIONALITY AND JUDICIAL RECORD.
Article 27. Acts of violation of regulation on birth registration
1. A warning shall be imposed on the person responsible for birth registration of children but failing to register it within the prescribed time limit;
2. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for birth registration procedures;
3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Giving false witness to the birth;
b) Deliberately giving false declaration of contents of birth registration;
c) Using false documents for birth registration procedures;
4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging documents for birth registration procedures;
5. Remedial measures:
Destroying false papers for the acts specified in Point c, Clause 3 and 4 of this Article;
Article 28. Act of violation of regulation on marriage registration and marriage brokerage
1. A warning or a fine of between VND 300,000 and 500,000 for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for marriage procedures;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Lending papers to other persons for marriage procedures; using other persons’ papers for marriage procedures;
b) Using false papers for marriage procedures;
c) Making incorrect commitment of the marital status for marriage procedures.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for marriage procedures;
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Taking advantage of the marriage for the purpose of entry and exit; naturalized as Vietnamese citizen or foreign national;
b) Taking advantage of the marriage in order to enjoy preferential policies of the state or to perform other self-seeking purposes.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of illegal marriage brokerage.
6. Remedial measures:
a) Destroying false papers for acts specified at Point b, Clause 2, 3 of this Article.
b) Coercively surrendering the illegal benefits obtained due to performing acts specified in Clause 4 and 5 of this Article.
Article 29. Acts of violation of regulation on organization and operation of center of marriage and family consultation and assistance involving foreign elements
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Failing to inform the competent state authority upon change of the name, the head office and the head;
b) Modifying, erasing or falsifying contents of papers issued by the competent authority in the dossier for registration of change in operation contents;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or falsifying content of operation registration certificate;
b) Failing to comply with the reporting regime, prepare, manage or use books or forms improperly;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Using false documents in dossier for registration of change in operation contents;
b) Giving false declaration in operation registration form;
c) Providing documents evidencing the location of head office untruthfully;;
d) Changing the name, location of head office, head or operation contents without written proposal of the competent authority;
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Performing marriage and family consultation and assistance involving foreign elements without completing the procedures for operation registration;
b) Using false operation registration certificate;
c) Operating beyond the scope and contents specified in operation registration certificate;
d) Requiring money or other material benefits in addition to the remuneration as prescribed upon marriage and family consultation and assistance involving foreign elements;
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Forging the operation registration certificate;
b) Center of marriage and family consultation and assistance involving foreign elements still operates in case it is no longer eligible for operation;
6. Depriving the right to use the operation registration certificate from 06 to 12 months for acts of marriage and family consultation and assistance involving foreign elements for profits;
7. Additional sanctions:
Depriving the right to use the operation registration certificate from 06 to 12 months for acts specified in Clause 3, Point c and Article, Clause 4 of this Article;
8. Remedial measures:
a) Destroying false papers for acts specified at Point a, Clause 3, Point b, Clause 4, Point a, Clause 5 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Points a, b and Article, Clause 4, 5 and 6 of this Article.
Article 30. Acts of violation of regulations on issuance of certificate of marital status
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for the issuance of certificate of marital status.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Using other persons’ papers for the issuance of certificate of marital status;
b) Making false commitment to the marital status for the issuance of certificate of marital status;
c) Using false papers for the issuance of certificate of marital status;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for the issuance of certificate of marital status;
4. Remedial measures:
Destroying false papers for the acts specified at Point c, Clause 2 and 3 of this Article.
Article 31. Violation of regulations on registration of death
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for registration of death.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of using of false documents or false testimony to other persons for registration of death.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for registration of death.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Death registration for living person;
b) Deliberately failing to register death for the dead for profit.
5. Remedial measures:
a) Destroying false papers for the acts specified in Clause 2 and 3 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, Clause 4 of this Article.
Article 32. Acts of violation of regulations on guardianship registration
1. A warning or a fine of between VND 300,000 and 500,000 for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for guardianship registration;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Using other person’s papers for guardianship registration;
b) Using false papers for guardianship registration;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for guardianship registration;
4. Remedial measures:
Destroying false paper for the acts specified at Point b, Clause 2 and 3 of this Article.
Article 33. Acts of violation of regulations onreclamation ofparentsand children
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for acts of modifying, erasing or falsifying the contents of papers issued by the competent authority forreclamation ofparentsand children.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Using other person’s papers forreclamation ofparentsand children.
b) Using false papers forreclamation ofparentsand children.
c) Forcing other persons to reclaimparentsand children.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers forreclamation ofparentsand children.
4. Remedial measures:
Destroying papers for the acts specified at Point b, Clause 2 and 3 of this Article;
Article 34. Acts of violation of regulations on change or correction of civil status
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for change or correction of civil status;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of false testimony about change or correction of civil status.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Using other person’s papers for change or correction of civil status.
b) Using papers and documents with untrue contents for change or correction of civil status.
c) Using false papers for change or correction of civil status;
d) Having false witness for change or correction of civil status;
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of forging papers for change or correction of civil status;
5. Remedial measures:
Destroying false papers for acts specified at Point C, Clause 3 and 4 of this Article.
Article 35. Acts of violation of regulations on ethnics and gender redefinition
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority for the ethnics and gender redefinition;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Using other person’s papers for the ethnics and gender redefinition;
b) Using false papers for the ethnics and gender redefinition;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for the ethnics and gender redefinition;
4. Remedial measures:
Destroying false papers for the acts specified at Point b, Clause 2 and 3 of this Article;
Article 36. Acts of violation on management and use of civil status documents
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of civil statusdocuments;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of using false civil statusdocuments;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Forging civil statusdocuments;
b) Damaging civil statusdocuments;
4. Remedial measures:
Destroying false papers for the acts specified in Clause 2, Point a, Clause 3 of this Article.
Article 37. Acts of violation of regulation on nationality management
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for naturalization, restoration or renunciation of nationality; dossier for retention of Vietnamese nationality, dossier for certification of Vietnamese nationality and dossier for certification of Vietnamese native.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Intentionally giving false declaration in dossier for naturalization, restoration or renunciation of nationality; dossier for retention of Vietnamese nationality, dossier for certification of Vietnamese nationality and dossier for certification of Vietnamese native.
b) Modifying, erasing or falsifying the contents of nationality documents;
c) Using false papers for nationality procedures;
d) Using false nationality papers;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for nationality procedures;
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Damaging nationality papers;
b) Forging nationality papers;
5. Remedial measures:
Destroying false papers for the acts specified at Point c, Article, Clause 2 and 3, Point b, Clause 4 of this Article.
Article 38. Acts of violation on regulations on management, using and exploration of database of judicial record; issuance of judicial record certificate; using judicial record certificate
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of using false papers to request the issuance of judicial record certificate;
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Illegally exploring or using, falsifying or damaging judicial record in paper and data of electronic judicial record;
b) Modifying, erasing or falsifying the contents of judicial record certificate;
c) Using false judicial record certificate;
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Forging judicial record certificate;
b) Using the other person’s judicial record certificate;
4. Remedial measures:
Destroying false papers for acts specified in Clause 1, Point c, Clause 2, Point a, Clause 3 of this Article.
SECTION 3. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN LEGAL DISSEMINATION AND EDUCATION AND INTERNATIONAL EDUCATION
Article 39. Acts of violation of regulations on legal dissemination and education
A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for acts of obstructing the implementation of the right to be informed, to know and learn the law; obstructing the legal dissemination and education of agencies, organizations and individuals.
Article 40. Acts of violation of regulations on obligation of legal reporter and legal propagator
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for one the acts as follows:
a) Erroneously conveying the disseminated legal contents;
b) Abusing the name of legal reporter or propagator to perform activities beyond their assigned tasks in order to make a profit.
2. Additional sanctions:
Depriving the right to use legal reporter card from 01 to 03 months for acts specified at Point b, Clause 1 of this Article.
3. Remedial measures:
Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, c and dd, Clause 3, Points a and e, Clause 4 of this Article.
Article 41. Acts of violation of regulation on legal international cooperation
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of failing to make report or make true report on the international cooperation on law.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of organizing international conferences or seminars without permission, inconsistent with the program or plan approved by the competent authority; failing to send report after organization of conferences or seminars.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one the acts as follows:
a) Failing to comply with regulations on submission to the competent authority upon modification or supplementation of program or project changing the target of that program or cooperation project;
b) Failing to monitor or assess the program or project during implementation;
c) Signing cooperation agreements beyond the power and improper order and procedures;
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one the acts as follows:
a) Implementing or permitting the implementation of program, plan or cooperation project with foreign countries on law without signed document or with signed document but without legal effect.
b) Suspending, temporarily suspending or canceling program, plan or cooperation project with foreign countries on law without decision of the competent authority;
SECTION 4. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN LEGAL AID
Article 42. Acts of violation of regulations on legal aid beneficiary
1. A caution shall be imposed for the acts of intentionally providing untrue information or documents on legal aid.
2. A fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the content of documents issued by the competent authority in order to be eligible for legal aid.
3. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of using false papers to be eligible for legal aid.
4. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of forging papers to be eligible for legal aid.
5. Remedial measures:
Destroying false papers for the acts specified in Clause 3 and 4 of this Article.
Article 43. Acts of violation of regulations on legal aid performer
1. A warning shall be imposed for the acts of failing to return the legal aid performer issued in case of return it.
2. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the content of documents to be eligible for legal aid.
3. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Using or lending the legal aid collaborator card to make a profit;
b) Using the legal aid collaborator card or abusing the capacity as legal aid performer to make a profit;
c) Violating honor, dignity, rights and legitimate interests of legal aid beneficiaries, discriminating legal aid beneficiaries;
d) Receiving or requiring money or other benefits from the legal aid beneficiaries;
dd) Denying or failing to continue legal aid to the legal aid beneficiaries without reason;
e) Failing to deny or continuing legal aid for cases specified in Article 45 of the Law on legal aid
4. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of these acts as follows:
a) Disclosing information and confidentiality of legal aid cases and legal aid beneficiaries, except that the legal aid beneficiaries agree in writing or unless otherwise prescribed by law;
b) Deliberately providing false information and documents about the legal aid cases affecting time and resolution quality of legal aid cases;
c) Inciting legal aid beneficiaries to provide false information and documents for the state competent agencies; inciting the legal aid beneficiaries to make complaints, denunciation or initiate lawsuits against the law;
d) Using false papers to be eligible for being the legal aid performers; using false legal aid collaborator card;
dd) Performing legal aid without having enough eligibility of legal aid performers
5. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for acts of forging papers to be eligible for legal aid performers; forging the legal aid helper or legal aid collaborator card;
6. Additional sanctions:
Depriving the right to use the legal aid collaborator card from 01 to 03 months for the acts specified at Point a, Clause 3, Points a, b and c, Clause 4 of this Article;
7. Remedial measures:
a) Destroying false papers for the acts specified at Point Article, Clause 4 and 5 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point a, b and d, Clause 3 and 5 of this Article.
Article 44. Acts of violation of regulation on organization of legal aid
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Failing to comply with the reporting regime, prepare, manage or use books or forms improperly;
b) Failing to inform as prescribed when terminating participation in legal aid;
2. A fine of between 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Modifying, erasing or changing the content of legal aid participation registration or legal aid participation registration certificate;
b) Denying legal aid in contradiction with the law;
c) Performing legal aid inconsistently with registered contents;
d) Performing legal aid when the legal aid participation registration certificate is revoked or the legal aid participation activities have been terminated;
dd) Performing legal aid in case of failing to register legal aid participation;
e) Failing to transfer legal aid cases being performed to the state legal aid center at locality where the legal aid participation is registered in case of termination of legal aid participation;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Establishing legal aid performance organization in contradiction with the law;
b) Using false legal aid participation registration certificate;
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of forging the legal aid participation registration certificate;
5. Additional sanctions:
Depriving the right to use the legal aid participation registration certificate from 01 to 03 months for the acts specified at Point c, Clause 2 of this Article;
6. Remedial measure:
Destroying false papers for the acts specified at Point b, Clause 3 and 4 of this Article.
SECTION 5. ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN REGISTRATION OF SECURED SANCTION
Article 45. Acts of violation of regulation on registration of secured sanction
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of failing to register within the prescribed time limit for secured transactions with required registration.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of certificates or written provision of information issued by the registration agency or application with certification of registration agency;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Forging signature of the person having the right to request the registration in application or written notification;
b) Using false papers in dossier for secured transaction;
c) Using false certificate, written provision of information or application with false certification;
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Forging papers in dossier for secured transaction registration;
b) Forging certificate or written provision of information;
5. Remedial measures:
Destroying false papers for the acts specified in Clause 3 and 4 of this Article;
Article 46. Acts of violation of regulation on information exploration in database on secured transaction
A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of illegal exploration or use, falsification or damage of information on secured transaction in paper or electronic data;
Chapter 4.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MARRIAGE AND FAMILY
Article 47. Acts of child betrothal or organization of child betrothal
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of organization of marriage for persons who are under marriageable age;
2.A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of deliberately illegally maintaining conjugal relationship despite of the Court’s decision to coercively terminate that relationship;
Article 48. Acts of violation of regulation on prohibition of marriage, monogamy; violation of regulation on divorce
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Being married but still getting married to another person, being single but getting married to a person known as married person.
b) Being married but living as husband and wife with another person;
c) Being single but living as husband and wife with another person known as married person;
d) Getting married between people with relatives within three generations
dd) Getting married between adoptive parents and adopted children;
e) Getting married to person who used to be adoptive parents, husband’s father to daughter-in-law, wife’s mother to son-in-law, stepfather to wife’s own child, stepmother to husband’s own child.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of taking advantage of divorce to violate the policy or law on population or to avoid the property obligations.
Article 49. Acts of violation on guardianship
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of evasion and failure of guardianship obligation after registration of guardianship procedures.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Taking advantage of guardianship registration to make profit;
b) Taking advantage of guardianship registration for sexual abuse or labor exploitation.
3. Remedial measures:
Coercively surrendering the illegal benefits obtained due to performing acts specified in Clause 2of this Article.
Article 50. Acts of violation of regulation on adopted child
1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent state agency for adoption procedures
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Carrying out the adoption when the competent state authority has a written refusal of adoption;
b) Using false papers to perform adoption procedures;
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Giving fraudulent declaration for adoption registration;
b) Forging papers for adoption procedures;
c) Taking advantage of adoption to violate the law on population;
d) Taking advantage of adoption as adopted child of wounded soldier,people with meritorious services to theRevolution and people from ethnic minorities to enjoy the state’s preferential regime or policies.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Seducing, bribing, coercing or threatening to have the consent of the person entitled to consent to the adoption;
b) Taking advantage of adoption or introduction of child for adoption to make a profit, except for cases specified at Point Article, Clause 3 of this Article;
c) Illegally performing the brokerage of adoption;
d) Taking advantage of adoption to exploit the labor;
5. Remedial measures:
a) Destroying false papers for the acts specified at Point b, Clause 2, Point b, Clause 3 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, Clause 2, Point b, Article, Clause 3, Points b, c and d, Clause 4 of this Article.
Article 51. Acts of violation of regulations on foreign adoption office in Vietnam
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of modifying, erasing or falsifying the contents of papers issued by the competent authority in the dossier for issuance of operation permit of foreign adoption office in Vietnam.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:
a) Failing to inform in writing to the competent authority within the prescribed time limit of the termination of operation;
b) Failing to comply with the reporting regime, prepare, manage or use books or forms improperly;
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Changing the head without permission of the competent authority;
b) Using false papers in the dossier for issuance of operation permit of foreign adoption office in Vietnam.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Forging papers in the dossier for issuance of operation permit of foreign adoption office in Vietnam.
b) Using false operation permit of foreign adoption office in Vietnam.
c) Illegally introducing children to be adopted children;
d) Permitting other organizations to use the operation permit of foreign adoption office in Vietnam or using the operation permit of another foreign adoption office.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Operating without being issued with the operation permit of another foreign adoption office in Vietnam or upon the expiration of permit;
b) Operating without eligibility prescribed by law for adoption with foreign elements in Vietnam;
c) Forging the operation permit of foreign adoption office in Vietnam;
6. Depriving the right to use the operation permit for 24 months against the foreign adoption office in Vietnam which has violated the non-profit operation principle in the field of adoption with foreign elements.
7. Additional sanctions:
Depriving the right to use the operation permit of the foreign adoption office in Vietnam from 01 to 03 months for the acts specified in Clause 3, Point c and Article, Clause 4 of this Article;
8. Remedial measures:
a) Destroying false papers for the acts specified at Point b, Clause 3, Point a and b, Clause 4, Point c, Clause 5 of this Article;
b) Coercively surrendering the illegal benefits obtained due to performing acts specified at Point b, c and d, Clause 4 and 5 of this Article.
Chapter 5.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF CIVIL JUDGMENT ENFORCEMENT
Article 52. Acts of violation of regulationsin the field of civil judgment enforcement
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of receiving notice or summons for the second time from the person having jurisdiction of judgment enforcement but failing to come to the venue without plausible reason.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of failing to provide information and deliver documents related to treated property for judgment enforcement as required by the person having jurisdiction of judgment enforcement without plausible reason.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Failing to perform the required work; failing to stop terminating prohibited work under the judgment or decision;
b) Delaying the judgment enforcement obligation in case of having conditions to execute the judgment;
c) Failing to comply with the commitment agreed under the decision on agreement recognition of the People’s Court;
d) Providing false evidences to civil judgment enforcement agencies.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Damaging property so as not to fulfill the judgment enforcement obligations or evade the property distrained;
b) Destroying the seal of property distrained;
c) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on the deducted income.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:
a) Dispersing property so as not to perform the judgment enforcement obligation or evade the property distrained;
b) Illegally using, consuming, transferring, fraudulently exchanging, hiding or changing the state of distrained property;
c) Destroying the distrained property;
d) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on collection of judgment performer’s money being kept by a third person;
dd) Deliberately failing to carry outthe decision to apply provisional urgent measures of the People s Court or the judgment or decision to be enforced immediately.
6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on deducted account or revocation of valuable papers of the judgment performer;
b) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on the collection of money collection from the business activities of judgment performer, on the collection of money being kept by the judgment performer;
7. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for failing to freeze the account of the judgment performer under the decision of person having jurisdiction of judgment enforcement
8. Remedial measures:
Coercively restoring the initial condition which has been changed for the acts specified at Point a, Clause 4, Point a and b, Clause 5 of this Article.
Chapter 6.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF ENTERPRISE AND COOPERATIVE BANKRUPTCY
Article 53. Obstructing, causing difficulties in the implementation of the application submission right
A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of obstructing the application submission right of the persons having the right to submit application for opening bankruptcy procedures against the enterprises and cooperatives that fall into the bankruptcy.
Article 54. Acts of violation of regulations on application submission obligation
A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative due to failing to submit application for opening the bankruptcy proceedings in the prescribed time limit.
Article 55. Acts of violation of regulations on obligation of document provision and paper presentation
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed on the applicant for opening the bankruptcy procedures with one of the following acts:
a) Failing to provide or completely and in a timely manner provide documents prescribed by law on the requirement of People’s Court;
b) Failing to modify application and supplement documents or there is no time left for modification or supplementation of documents on the requirement of People’s Court;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative of failing to present papers and documents within the prescribed time limit.
Article 56. Acts of violation of responsibility of the applicant for opening bankruptcy procedures.
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of the applicant for opening bankruptcy procedures due to non-objectiveness, adversely affecting the honor, reputation and business operations of enterprises and cooperatives.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on the applicant who has fraudulent acts in requesting the bankruptcy procedures, adversely affecting the honor, reputation and business operations of enterprises and cooperatives.
Article 57. Acts of violation of regulation on operation of enterprise and cooperative upon decision on bankruptcy procedures
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative of failing to participate or appoint participant in property management and disposal group within the prescribed time limit of the People’s Court.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the enterprise or cooperative after receiving the decision on opening the bankruptcy procedures but having one of the following acts without the judge’s written consent:
a) Pledging, mortgaging, transferring, selling, donating and leasing property;
b) Receiving property from transfer contract;
c) Terminating the implementation of valid contract;
d) Borrowing money;
dd) Selling or converting shares or transferring property ownership;
e) Paying debts newly arising from business operation of enterprises or cooperatives, paying salary to employees in enterprises or cooperatives.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on the enterprises or cooperatives that have one of the following acts after receiving the decision on opening the bankruptcy procedures:
a) Hiding or dispersing property;
b) Paying unsecured debts;
c) Abandoning or reducing debt claims;
d) Converting unsecured debts into secured debt by enterprises’ properties;
4. Remedial measures:
Coercively restoring the initial condition which has been changed for the acts specified in Clause 2 and 3 of this Article.
Article 58. Acts of violation of regulations on time limit and obligations of property inventory
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the enterprises or cooperatives that fall into bankruptcy without making an inventory based on the detailed list submitted to the People s Court and determining the value of such property in the prescribed time limit.
Article 59. Acts of violation of regulations on obligation of credit organization where enterprises or cooperatives are subject to liquidation procedures with accounts.
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on credit organizations where enterprises or cooperatives have their accounts from the date of receipt of the decision of the People s Court applying the liquidation procedures but still make payment of debts of such enterprises or cooperatives, except where payment is agreed in writing by the judge in charge of conducting bankruptcy;
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on credit organizations where enterprises or cooperatives have their accounts from the date of receipt of the decision of the People s Court applying the liquidation procedures but still perform any act aimed at clearing or payment of enterprises or cooperatives’ loan from credit organizations.
3. Remedial measures:
Coercively recovering payments made or cleared improperly for the acts specified in Clause 1 and 2 of this Article;
Article 60. Acts of violation of regulations on informed bankruptcy
A fine of between VND 3,000,000 and 5,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without public notice to their employees and laborers after receipt of decision on opening the bankruptcy procedures of the People s Court.
Article 61. Acts of violation of regulations on employees and laborers’ obligations related to bankruptcy procedures
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed on employees and laborers who have acts of concealing the enterprises or cooperatives’ property after being informed that the enterprises or cooperatives have received the decision on opening the bankruptcy procedures.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on employees and laborers who have acts of dispersing or transferring the enterprises or cooperatives’ property after being informed that the enterprises or cooperatives have received the decision on opening the bankruptcy procedures.
3. Remedial measures:
Coercively recovering the property dispersed or transferred for the acts specified in Clause 2 of this Article;
Article 62. Acts of violation of regulations on condition for application of business operation recovery procedures
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without preparing the plan for business operation recoveryunder the resolution of the first meeting of creditors and submitting to the competent People s Court within the prescribed time limit.
Article 63. Acts of violation of regulations on monitoring the implementation of plan for business operation recovery
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without submitting report on implementation of plan for business operation recoveryto the competent People s Court within the prescribed time limit.
Article 64. Acts of violation of regulation on participation in creditor meeting
A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprises or cooperatives’ owners or enterprises or cooperatives’ legal representatives, state-run enterprises’ owners,joint-stock company shareholders, partners of partnership companies that fall into bankruptcy and submit application for opening the bankruptcy procedures but do not participate in the meeting of creditors and authorize the others to join creditors meeting without plausible reason.
Chapter 7.
COMPETENCE IN RECORD MAKING AND ADMINISTRATIVE SANCTION
Article 65. Competence in making record of administrative sanction
1. The person having competence in making record specified in this Article only makes record of administrative violation for acts under duty and assigned tasks in the prescribed form and is responsible for the record making.
2. The following persons who are on duty and perform tasks shall have the competence in making record of administrative violation:
a) Persons having competence in sanctioning administrative violation specified in Articles 66, 67, 68, 69 and 70 of this Decree shall make record of administrative violation for the acts in the fields under their sanctioning competence;
b) Communal-level judicial or civil status officials shall make record of administrative violation for the acts specified in Articles 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 47, 48, 49 and 50 of this Decree;
c) District-level judicial officials shall make record of administrative violation for the acts specified in Section 1, Chapter III, Articles 27, 28, 30, 31, 32, 33, 34, 35, 36, 39 and 40, Section 5, Chapter III, Articles 47, 48, 49 and 50 of this Decree;
d) Officials of Service of Justice shall make record of administrative violation for the acts specified in Chapter II, Section 1, 2, Article 39 and 40, Section 4 and 5, Chapter III and IV of this Decree and acts of administrative violations in the other fields of state management related to the legal assistance, judicial administration, marriage and family;
dd) Investigator, clerk and specialist of the civil judgment enforcement agencies shall make a record of administrative violation for the acts specified in Chapter V of this Decree;
e) Officials of units under the Ministry of Justice have the function of state management of judicial assistance, judicial administration, marriage and family, civil judgmentenforcement, making record of administrative violation for the acts specified in Chapters II, III, IV and V of this Decree and administrative violations in other fields of state management related to their state management;
g) Officials of People s Court at all levels shall make record of administrative violation for the acts specified in Chapter VI of this Decree;
h) Officials and officers of diplomatic missions, consular offices and other agencies are authorized to perform consular functions of the Socialist Republic of Vietnam overseas shall make record of administrative violation for the acts specified in Section 1 and 2, Chapter III of this Decree;
i) Officials and officers of Ministries, Ministerial-level agencies and Services professionally managing the judicial expertise and inspection organizations shall make record of administrative violation for the acts specified in Section 4, Chapter II of this Decree;
k) Officials and officers of Notary Office shall make record of administrative violation for the acts specified in Article 12 of this Decree;
l) Officials and officers of transaction and property registration Center and agency with competence in registration of secured transaction by use right of land and property attached to land, airplanes and boats shall make record of administrative violation for the acts specified in Section 5, Chapter III of this Decree;
m) Officials and officers of legal aid Center shall make record of administrative violation for the acts specified in Article 42 of this Decree.
Article 66. Competence in sanction of administrative violation of Chairman of People’s Committee at all levels
1. Chairman of communal-level People’s Committee has the right to:
a) Impose a warning;
b) Impose a fine up to VND 3,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family.
2. Chairman of district-level People’s Committee has the right to:
a) Impose a warning;
b) Impose a fine up to VND 15,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family.
c) Depriving the right to use the district-level legal reporter with definite time;
d) Applying remedial measures specified in Section 1, Chapter III, Articles 27, 28, 30, 31, 32, 33, 34, 36, 39 and 40, Section 5, Chapter III, Articles 47, 48, 49 and 50 of this Decree.
3. Chairman of provincial-level People’s Committee has the right to:
a) Impose a warning;
b) Impose a fine up to VND 30,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family; up to VND 50,000,000 for the acts of administrative violation in the field of judicial assistance;
c) Depriving the right to use operation registration certificate, permit, practice certificate, legal consultant card, notary card, legal aid collaborator, legal aid participation registration certificate, legal reporter card at all levels with a definite time;
d) Applying the remedial measures specified in Chapter II, Section 1 and 2, Article 39 and 40, Section 4 and 5, Chapter III and IV of this Decree.
Article 67. Competence in sanction of administrative violation of the judicial Inspectorate;
1. Judicial inspectors who are on duty have the right to:
a) Impose a warning;
b) Impose a fine up to VND 300,000 for the acts of administrative violation in the field of judicial administration, marriage and family; up to VND 500,000 for the acts of administrative violation in the field of judicial assistance;
c) In addition to the competence specified at Point a and b of this Clause, the inspector of Ministry of Justice has the right to impose a fine up to VND 400,000 for the acts of administrative violation in the civil judgment enforcement and apply remedial measures to restore the initial conditions specified in Chapter V of this Decree.
2. Chief Inspector of the Service of Justice, Head of the specialized inspection team of Service of Justice have the right to:
a) Impose a warning;
b) Impose a fine up to VND 15,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family; up to VND 25,000,000 for the acts of administrative violation in the field of judicial assistance;
c) Depriving the right to use operation registration certificate, permit, practice certificate, legal consultant card, notary card, legal aid collaborator, legal aid participation registration certificate, legal reporter card at all levels with a definite time;
d) Applying the remedial measures specified in Chapter II, Section 1 and 2, Article 39 and 40, Section 4 and 5, Chapter III and IV of this Decree.
3. Head of specialized inspection team of Ministry of Justice has the right to:
a) Impose a warning;
b) Impose a fine up to VND 21,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family; up to VND 28,000,000 for the acts of administrative violation in the field of civil judgment enforcement; up to VND 35,000,000 for the acts of administrative violation in the field of judicial assistance;
c) Depriving the right to use operation registration certificate, permit, practice certificate, legal consultant card, notary card, legal aid collaborator, legal aid participation registration certificate, legal reporter card at all levels with a definite time;
d) Applying the remedial measures specified in Chapter II, III and IV of this Decree.
4. Chief Inspector of the Ministry of Justice has the right to:
a) Impose a warning;
b) Impose a fine up to VND 30,000,000 for the acts of administrative violation in the field of judicial administration, marriage and family; up to VND 40,000,000 for the acts of administrative violation in the field of civil judgment enforcement; up to VND 50,000,000 for the acts of administrative violation in the field of judicial assistance;
c) Depriving the right to use operation registration certificate, permit, practice certificate, legal consultant card, notary card, legal aid collaborator, legal aid participation registration certificate, legal reporter card at all levels with a definite time;
d) Applying the remedial measures specified in Chapter II, III, IV and V of this Decree.
Article 68. Competence in sanction of administrative violation of civil judgment enforcement agencies.
1. Executors ofcivil judgment enforcement on duty have the right to:
a) Impose a warning;
b) Impose a fine up to VND 500,000.
2. Heads of civil judgment enforcement sub-department have the right to:
a) Impose a warning;
b) Impose a fine up to VND 2,500,000.
c) Applying remedial measures specified in Chapter V of this Decree.
3. Executors of civil judgment enforcement as leaders of property management and disposal team of bankruptcy cases have the right to:
a) Impose a warning;
b) Impose a fine up to VND 5,000,000;
c) Applying remedial measures specified in Chapter VI of this Decree.
4. Director of civil judgment enforcement department and Head of military zone level judgment enforcement division have the right to:
a) Impose a warning;
b) Impose a fine up to VND 20,000,000;
c) Applying remedial measures specified in Chapter V of this Decree.
5. General Director of civil judgment enforcement department has the right to:
a) Impose a warning;
b) Impose a fine up to VND 40,000,000;
c) Confiscating material evidences and means of administrative violations;
d) Applying remedial measures specified in Chapter V of this Decree.
Article 69. Competence in sanction of administrative violation of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad
The heads of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad have the right to:
1. Impose a warning;
2. Impose a fine up to VND 30,000,000 for the acts of administrative violation in judicial administration;
3. Applying remedial measures specified in Section 1 and 2, Chapter III of this Decree.
Article 70. Competence in sanction of administrative violation of People’s Court
Competence in sanction of administrative violation of People’s Court shall comply with the provisions of Article 48 of the Law on handling of administrative violations, as follows:
1. The judge assigned to handle bankruptcy cases has the right to:
a) Impose a warning;
b) Impose a fine up to VND 5,000,000;
c) Applying remedial measures specified in Chapter VI of this Decree.
2. Tribunal President of district-level People’s Court and Head of specialized Court of provincial-level People’s Court have the right to:
a) Impose a warning;
b) Impose a fine up to VND 7,500,000;
3. Tribunal President of provincial-level People’s Court, Head of Court of Appeal of Supreme People’s Court and Head of specialized Court of Supreme People’s Court have the right to:
a) Impose a warning;
b) Impose a fine up to VND 40,000,000;
c) Applying remedial measures specified in Chapter VI of this Decree.
Article 71. Competence in pecuniary sanction for acts of violation of organizations
Competence in pecuniary sanction of titles specified at Point b, Clause 1, Point b, Clause 2, Point b, Clause 3 of Article 66; Point b and c of Clause 1, Point b of Clause 2, Clause 3 and Clause 4 of Article 67; Point b of Clause 1, 2, 3, 4 and 5 of Article 68; Clause 2 of Article 69, Point b of Clause 1, 2 and 3 of Article 70 of this Decree is the competence in pecuniary sanction against one act of administrative violation of individuals; for the acts of violation of organizations, the competence in pecuniary sanction against organizations is twice as much as that against individuals.
Article 72. Determination of competence in sanction of administrative violation
1. Competence in sanction of administrative violation of Chairman of People’s Committee at all levels:
a) Chairman of communal-level People’s Committee shall impose sanction against administrative violations specified in Articles 24, 25, 27, 28, 30, 31, 32, 33, 34, 36, 47, 48, 49 and 50 of this Decree and acts of administrative violations in other fields of state management related to the fields of judicial administration, marriage and family under the competence specified in Clause 1, Article 66 of this Decree;
b) Chairman of district-level People’s Committee shall impose sanction against administrative violations specified in Section 1, Chapter III of Articles 27, 28, 30, 31, 32, 33, 34, 35, 36, 39 and 40, Section 5, Chapter III, Articles 47, 48, 49 and 50 of this Decree and acts of administrative violations in other fields of state management related to the fields of judicial administration, marriage and family under the competence specified in Clause 2, Article 66 of this Decree;
c) Chairman of provincial-level People’s Committee shall impose sanction against administrative violations specified in Chapter II, Section 1 and 2, Articles 39, 40, Section 4 and 5, Chapter III of this Decree and acts of administrative violations in other fields of state management related to the fields of judicial administration, marriage and family under the competence specified in Clause 3, Article 66 of this Decree;
2. Competence in sanction of administrative violation of inspector:
a) Inspector, head of specialized inspection team, Chief inspector of Service of Justice shall impose sanction against administrative violations specified in Chapter II; Section 1 and 2, Article 39 and 40, Section 4 and 5 of Chapter III and Chapter IV of this Decree and acts of administrative violations in other fields of state management related to the fields of judicial administration, marriage and family under the competence specified in Clause 1 and 2, Article 67 of this Decree;
b) Inspector, head of specialized inspection team, Chief inspector of Ministry of Justice shall impose sanction against administrative violations specified in Chapter II, III, IV and V of this Decree and acts of administrative violations in other fields of state management related to the fields of judicial administration, marriage and family under the competence specified in Clause 1, 3 and 4, Article 67 of this Decree;
3. Competence in sanction of administrative violation of civil judgment enforcement agencies:
a) Executors of civil judgment enforcement agencies have the competence in sanctioning acts specified in Chapter V under the competence specified in Clause 1, Article 68 of this Decree;
b) Heads of civil judgment enforcement sub-department have the competence in sanctioning acts specified in Chapter V under the competence specified in Clause 2, Article 68 of this Decree;
c) Executors of civil judgment enforcement agencies as leaders of property management and disposal team of bankruptcy cases shall impose sanction against acts specified in Chapter VI under the competence specified in Clause 3, Article 68 of this Decree;
d) Director of civil judgment enforcement department and Head of military zone level judgment enforcement division shall impose sanction against acts specified in Chapter V under the competence specified in Clause 4, Article 68 of this Decree;
dd) General Director of civil judgment enforcement department shall impose sanction against acts specified in Chapter V under the competence specified in Clause 5, Article 68 of this Decree;
4. The heads of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall impose sanction against acts specified in Section 1 and 2, Chapter III of this Decree under the competence specified in Article 69 of this Decree;
5. The People’s Court at all levels shall impose sanction against acts specified in Chapter VI of this Decree under the competence specified in Article 70 of this Decree;
Article 73. Competence in sanction of administrative violation of other agencies
In addition to persons with competence in sanction specified in this Decree, the persons with competence in sanction of administrative violation of other agencies under the provisions of the Law on handling of administrative violation within their function and assigned tasks once detecting acts of administrative violation specified in this Decree within their fields or management area also have the right to impose sanctions.
Chapter 8.
IMPLEMENTATION PROVISION
Article 74.Effect
1. This Decree takes effect on November 11, 2013 and supersedes Decree No. 60/2009/ND-CP dated July 23, 2009 of the Government stipulating the sanction of administrative violation in judicial area; the Decree No.87/2001/ND-CP dated November 21, 2001 of the Government on sanction of administrative violation in the field of marriage and family; Decree No. 10/2009/ND-CP dated February 06, 2009 of the Government stipulating the sanction of administrative violation during the implementation of bankruptcy procedures;
2. For acts of administrative violation in judicial assistance, judicial administration, marriage and family, civil judgment enforcement, Enterprise and cooperative bankruptcy occurring before the effective date of this Decree and then detected or being considered or resolved shall apply the Government’s Decree on handling of administrative violation effective at the time of committing acts of violation for handling. In case the provisions on sanction of administrative violation are in individual or organization’s favour, the provisions of this Decree shall apply.
3. For decisions on sanction of administrative violation having been issued or implemented before the effective time of this Decree but the individuals or organizations that are imposed with sanction of administrative violation still make complaint, the provisions of the Ordinance on handling of administrative violation, Decree No. 60/2009/ND-CP dated July 23, 2009 of the Government stipulating sanction of administrative violation in the judicial area, Decree No. 87/2001/ND-CP dated November 21, 2001 of the Government on sanction of administrative violation in the marriage and family; Decree No. 10/2009/ND-CP dated February 06, 2009 of the Government stipulating the sanction of administrative violation during the implementation of bankruptcy procedures.
Article 75.Responsibility for implementation
1. Minister of Justice is take prime responsibility for implementation of this Decree;
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People s Committees of provinces and centrally-affiliated cities are liable to execute this Decree. /.
For the Government
Prime Minister
Nguyen Tan Dung
Vui lòng Đăng nhập tài khoản gói Nâng cao để xem đầy đủ bản dịch.
Chưa có tài khoản? Đăng ký tại đây
Lược đồ
Vui lòng Đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Lược đồ.
Chưa có tài khoản? Đăng ký tại đây
Vui lòng Đăng nhập tài khoản gói Nâng cao để xem Nội dung MIX.
Chưa có tài khoản? Đăng ký tại đây
Chưa có tài khoản? Đăng ký tại đây