Decree No. 110/2013/ND-CP on administrative sanctions for violations in the fields of judicial assistance, administrative justice, marriage and family, civil enforcement, business bankruptcy, and cooperatives.

DECREE

Provisions on administrative penalties for violations in the field of judicial assistance,

administrative justice, marriage and family, civil enforcement,

bankruptcy of enterprises, cooperatives

_____________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Marriage and Family Law dated June 9, 2000;

Pursuant to the Bankruptcy Law dated June 15, 2004;

Pursuant to the Legal Aid Law on June 29, 2006;

Pursuant to the Notarization Law dated November 29, 2006;

Pursuant to the Law on Nationality of Vietnam dated November 13, 2008;

Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to the Criminal Record Law dated June 17, 2009;

BASED ON Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing the implementation of certain provisions of the Adoption Law; BASED ON Decree No. 24/2019/NĐ-CP dated March 5, 2019, of the Government amending and supplementing certain provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing the implementation of certain provisions of the Adoption Law;

Pursuant to the Commercial Arbitration Law dated June 17, 2010;

Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Law on Popularizing and Educating about Laws dated June 20, 2012;

Pursuant to the Lawyer Law dated June 29, 2006 and the Law Amending and Supplementing Certain Articles of the Lawyer Law dated November 20, 2012;

Pursuant to Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on registration and management of household records; Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on household records, marriage and family, and certification;

Pursuant to Decree No. 77/2008/NĐ-CP dated July 16, 2008 of the Government on legal consultation; Decree No. 05/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on registration of secured transactions, legal aid, lawyers, and legal consultation;

Pursuant to Decree No. 78/2008/NĐ-CP dated July 17, 2008 of the Government on management of cooperation with foreign countries on law;

Pursuant to Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auction of assets;

Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government detailing implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements;

At the proposal of the Minister of Justice.

The Government promulgates this Decree providing for administrative penalties for violations in the fields of judicial assistance, administrative justice, marriage and family, civil enforcement; bankruptcy of enterprises, cooperatives,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides for acts of administrative violation; forms, levels of penalty, measures to remedy consequences for each act of administrative violation; authority to issue administrative violation notices, authority to impose penalties, specific fine amounts according to each position for acts of administrative violation in the following areas:

a) Judicial assistance, including: Lawyers, legal consultation, notarization, judicial appraisal, public sale of assets, commercial arbitration;

b) Administrative justice, including: Certification; household records; nationality; criminal record; popularizing and educating about the law; international cooperation on law; legal aid; registration of secured transactions;

c) Marriage and family;

d) Civil enforcement;

đ) Bankruptcy of enterprises, cooperatives.

2. Acts of administrative violation in other state management areas related to the areas specified in Points a, b, c, d and đ Clause 1 of Article 1 of this Decree shall be regulated by the relevant decrees on administrative penalties in those areas if not provided for in this Decree.

Article 2. Persons subject to penalty

1. Individuals and organizations violating administrative regulations in the areas specified in Clause 1 of Article 1 of this Decree.

2. Organizations subject to administrative penalties under this Decree include:

a) Notary organizations; social-professional organizations of lawyers; lawyer practice organizations; foreign lawyer practice organizations in Vietnam; legal consultation centers; judicial appraisal offices; professional auction organizations; arbitration centers, foreign arbitration organizations in Vietnam;

b) Centers for consulting and supporting marriages and families with foreign elements; foreign adoption offices; organizations participating in legal aid;

c) Enterprises, cooperatives conducting bankruptcy procedures;

d) Central agencies of social organizations, social-professional organizations and their subordinate units implementing international cooperation activities on law with government agencies, intergovernmental international organizations and non-governmental foreign organizations;

đ) State agencies committing violations that are not within their assigned state management tasks;

e) Other organizations that are not state agencies violating administrative regulations in the areas specified in Clause 1 of Article 1 of this Decree.

Article 3. Measures to remedy consequences

1. In addition to the remedial measures prescribed in Article 28 of the Law on Handling Administrative Violations, this Decree prescribes additional remedial measures applicable to violations stipulated in Chapters II, III, IV, V, and VI of this Decree, including:

a) Annulment of the results of asset auctions;

b) Annulment of false documents;

c) Compelling recovery of payments or offsets made in contravention of the law;

d) Compelling recovery of assets that have been disposed of or transferred in contravention of the law.

2. For the remedial measures prescribed in Point a and Point b Clause 1 of this Article, where the authority imposing the penalty does not have the authority to annul, it shall recommend the competent authority or agency to annul.

Article 4. Provisions on the amount of fines for individuals and organizations

1. The amounts of fines stipulated in Chapters II, III, IV, V, and VI of this Decree shall be applied to administrative violations committed by individuals, except for the provisions set out in Clause 2 of this Article; in cases where an organization commits administrative violations similar to those of an individual, the fine amount shall be twice the fine amount imposed on an individual.

2. The amounts of fines stipulated in Articles 7, 8, 9, 15, 18, 21, 22, 29, 44, 51, 58, 59, 60, 62, and 63 of this Decree shall be applied to organizations.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF DISCIPLINARY PUNISHMENT AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF LEGAL AID

Section 1

 ADMINISTRATIVE VIOLATIONS, FORMS OF DISCIPLINARY PUNISHMENT AND MEASURES TO REMEDY CONSEQUENCES IN THE ACTIVITY OF LAWYERS

Article 5. Violations concerning the regulations on the application for issuance of lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam; applications for issuance of activity registration certificates of law firms, branches of law firms; applications for issuance of establishment licenses of foreign law firm branches, foreign law companies, branches of foreign law companies in Vietnam

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of documents issued by authorized agencies in the application for issuance of lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam;

b) Altering, erasing, or distorting the content of documents issued by authorized agencies in the application for issuance of activity registration certificates of law firms, branches of law firms; establishment licenses of foreign law firm branches, foreign law companies, branches of foreign law companies in Vietnam.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Using fake documents in the application for issuance of lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam;

b) Using fake documents in the application for issuance of activity registration certificates, changes to the registered activities of law firms, branches of law firms; establishment licenses of foreign law firm branches, foreign law companies, branches of foreign law companies in Vietnam.

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Creating fake documents in the application for issuance of lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam;

b) Creating fake documents in the application for issuance of activity registration certificates, changes to the registered activities of law firms, branches of law firms; establishment licenses of foreign law firm branches, foreign law companies, branches of foreign law companies in Vietnam.

4. Measures to remedy consequences:

Seizing fake documents for the acts stipulated in Clauses 2 and 3 of this Article.

Article 6. Violations concerning the regulations on the practice of lawyers

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not informing clients about their rights, obligations, and professional responsibilities when providing legal services to clients;

b) Lawyers practicing individually not registering with the competent authority when transferring to another Bar Association;

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Lawyers practicing individually providing legal services to other agencies, organizations, or individuals outside the agency or organization they have signed a labor contract with, except in cases where requested by a state agency or participating in criminal proceedings at the request of a judicial body and performing legal aid as assigned by the Bar Association of which the lawyer is a member;

b) Establishing or participating in establishing two or more law firms;

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam, certificates of participation in proceedings, defense attorney certificates;

b) Lawyers practicing individually not registering with the competent authority, except in the case provided for in Point b Clause 1 of this Article;

c) Foreign lawyers practicing in Vietnam when their practice licenses have expired;

d) Allowing others to use lawyer practice certificates, lawyer registration certificates, or lawyer practice licenses in Vietnam to practice law.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Practicing law without having been issued a lawyer registration certificate; without having been issued a lawyer practice license in Vietnam;

b) Foreign lawyers operating outside the scope and form of practice of foreign lawyers in Vietnam;

c) Using another person's lawyer practice certificate, lawyer registration certificate, or using a lawyer practice license in Vietnam to practice law;

d) Using fake lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam, certificates of participation in proceedings, defense attorney certificates.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Creating fake lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam, certificates of participation in proceedings, defense attorney certificates;

b) Impersonating a lawyer to practice law under any form;

c) Intentionally delaying, prolonging time, or causing difficulties, hindrances to the activities of state agencies;

d) Harassing, deceiving clients; demanding any sum of money or material benefits other than the agreed remuneration and expenses in the legal service contract;

đ) Practicing law without a lawyer practice certificate or without joining a Bar Association;

e) Foreign lawyers practicing in Vietnam without meeting the conditions for practice;

6. Revoking the right to use lawyer practice certificates, lawyer registration certificates, or lawyer practice licenses in Vietnam for six months to twelve months for any of the following acts:

a) Providing legal services without signing a written contract or signing a contract lacking one of the contents prescribed in Clause 2 of Article 26 of the Lawyer Law;

b) Providing legal services to clients with conflicting interests in the same case or matter;

c) Intentionally providing false or inaccurate documents or evidence;

d) Inciting clients to make false statements or to file complaints or reports in violation of the law;

đ) Disclosing information about cases or matters, or about clients that they know while practicing, except where the client has given written consent or otherwise provided for by law;

e) Connecting or associating with persons conducting litigation, participants in litigation, or other officials and civil servants to violate the provisions of the law.

7. Additional forms of administrative sanction:

Revoking the right to use the lawyer's practice certificate, registration certificate for lawyer's practice, or lawyer's license in Vietnam for a period of from one month to three months for the acts stipulated in Clause 2, Point d, Clause 3, Article of this Law.

8. Measures to remedy consequences:

a) Canceling false documents for the acts stipulated in Point d, Clause 4, Point a, Clause 5, Article of this Law;

b) Compelling the return of unlawful profits obtained through the implementation of the acts stipulated in Clause 4, Points a, b, d, đ and e, Clause 5, Points a and b, Clause 6, Article of this Law.

Article 7. Violations of the provisions on the activities of organizations practicing as lawyers, foreign lawyer organizations in Vietnam

1. Warning or imposing a fine of from VND 1,000,000 to VND 2,000,000 for one of the following acts:

a) Not notifying in writing or notifying out of time the competent authority regarding the establishment of a foreign-based lawyer office or the cessation of operations of a foreign-based lawyer office;

b) Not notifying in writing or notifying out of time the competent authority regarding the registration of operations, changes in registered operational content, temporary suspension of operations, self-cessation of operations, consolidation, merger, or conversion of organizational form of practice;

c) Not notifying in writing or notifying out of time the competent authority regarding the temporary suspension, resumption, or self-cessation of operations of branches of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam;

d) Not notifying in writing or notifying out of time the competent authority regarding the hiring of foreign lawyers;

đ) Not reporting or reporting out of time the situation of organizational operations to the competent authority;

e) Not publishing or not publishing according to the prescribed content, time, number of times, and form regarding the operational registration content, changes in operational content of the organization practicing as a lawyer.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not registering changes in operational registration content within the prescribed time with the competent state agency;

b) Assigning one lawyer to guide more than three (three) trainee lawyers at the same time;

c) Not having a signboard or using a signboard that does not match the content of the operational registration;

d) Not establishing, managing, or using various types of books and forms related to the organization and operation of lawyers;

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of the branch establishment permit of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam;

b) Altering, erasing, or distorting the content of the operational registration of lawyer organizations, branches of lawyer organizations, branches of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam;

c) Allowing non-lawyers of their organization to practice as lawyers under the name of their organization;

d) Operating outside the scope of practice recorded in the operational registration of lawyer organizations, branch establishment permits of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam, or operating outside the registered address;

đ) Not assigning lawyers of their organization to participate in litigation as assigned by the Bar Association;

e) Not purchasing professional liability insurance for lawyers of their organization;

g) Foreign lawyer organizations in Vietnam operating when failing to ensure the presence and practice of at least two (two) foreign lawyers in Vietnam for 183 days or more during a continuous 12-month period, including the Branch Manager, Managing Director of foreign law firms;

h) Allowing other organizations to use their operational registration, establishment permit, or branch operational registration of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam to engage in lawyer activities;

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Using fake operational registration of lawyer organizations, branches of lawyer organizations; fake branch establishment permits of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam;

b) Receiving money or other material benefits outside the agreed remuneration and expenses in the signed legal service contract;

c) Using another organization's operational registration to engage in lawyer activities; using another organization's branch establishment permit of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam to engage in lawyer activities;

d) Providing legal services at the transaction office of the lawyer organization before obtaining a new operational registration upon change of operational content; changing the operational content of foreign lawyer organization branches, foreign law firms, branches of foreign law firms in Vietnam without approval from the competent state agency;

đ) Changing the operational content of foreign lawyer organization branches, foreign law firms, branches of foreign law firms in Vietnam without approval from the competent state agency;

e) Foreign lawyer organization branches, foreign law firms, branches of foreign law firms in Vietnam violating the scope of practice provisions set forth in Article 70 of the Lawyer Law;

g) Operating without an operational registration.

5. Imposing a fine of from VND 20,000,000 to VND 30,000,000 for the act of forging the operational registration of lawyer organizations, branches of lawyer organizations; branch establishment permits of foreign lawyer organizations, foreign law firms, branches of foreign law firms in Vietnam.

6. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following acts:

a) Failing to register with the competent authority regarding the activities of a law practice organization, branch of a law practice organization, branch of a foreign law practice organization, foreign law firm, or branch of a foreign law firm in Vietnam;

b) Engaging in activities under the name of a law practice organization without being such an organization.

7. Additional forms of administrative sanction:

Revocation of the right to use the registration certificate for operation or license for establishment for a period of from 01 month to 03 months for the acts specified in Points c, d, and h Clause 3, Point d Clause 4, and Point a Clause 6 of this Article,

8. Measures to remedy consequences:

a) Seizure of false documents for the act specified in Point a Clause 4, Clause 5 of this Article;

b) Compelling the return of unlawful profits obtained through the implementation of the acts specified in Points a, b, c, and g Clause 4, Clause 5, and Point b Clause 6 of this Article.

Article 8. Violations by lawyer professional organizations

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Failing to report to the competent authority on the project for organizing a congress or the results of the congress of the Lawyer Association;

b) Failing to report or reporting untimely to the state authority on the organizational and operational situation of the lawyer professional organization.

2. A fine of from 3,000,000 VND to 7,000,000 VND shall be imposed for the act of not assigning a law practice organization to appoint lawyers and not directly appointing lawyers to practice individually in litigation proceedings upon the request of the prosecution agency.

Section 2

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN LEGAL ADVICE ACTIVITIES

Article 9. Violations concerning legal advice centers

1. Warning or a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of failing to display the fee for legal advice at the office.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Failing to report or reporting untimely to the competent authority on the organization and operation annually or when requested; failing to establish, manage, and use various types of ledgers and forms;

b) Failing to notify in writing or notifying untimely to the competent authority when changing the registered content or ceasing operations of the legal advice center; changing the director of the center, head of the branch, legal advisor, lawyer; opening or ceasing operations of a branch of the legal advice center.

3. Impose a fine ranging from VND 3,000,000 to VND 7,000,000 for any of the following acts:

a) Not having a signboard or using a signboard that does not conform to the content of the registration certificate for operation;

b) Assigning persons who are not legal advisors, legal advisory volunteers of the legal advice center, or lawyers practicing individually under labor contracts with the center to provide legal advice;

c) Appointing persons who are not legal advisors, legal advisory volunteers of the legal advice center, or lawyers practicing individually under labor contracts with the center to participate in litigation proceedings to defend, represent, and protect the legitimate rights and interests of agencies, organizations, or individuals requesting legal advice;

d) Altering, erasing, or distorting the content of the registration certificate for operation;

đ) Providing legal advice before obtaining a registration certificate for operation.

4. A fine of from 7,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

a) Operating outside the scope of practice recorded in the registration certificate for operation;

b) Allowing persons who are not legal advisors of the center to engage in legal advice activities under the name of the organization;

c) Failing to register the operation of the legal advice center or its branches with the competent authority;

d) Using a fake registration certificate for operation.

5. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of forging a registration certificate for operation.

6. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of an organization without the function of providing legal advice engaging in such activities in any form.

7. Additional forms of administrative sanction:

Revocation of the right to use the registration certificate for operation for a period of from 01 month to 03 months for the act specified in Point c Clause 3, Point a, and Point b Clause 4 of this Article.

8. Measures to remedy consequences:

a) Seizure of false documents for the act specified in Point d Clause 4, Clause 5 of this Article;

b) Compelling the return of unlawful profits obtained through the implementation of the acts specified in Point đ Clause 3, Clause 4, Clause 5, and Clause 6 of this Article.

Article 10. Acts violating regulations on legal advisory activities

1. Warning or a fine from 500,000 VND to 1,000,000 VND for the act of altering, erasing, or distorting the content of documents issued by competent authorities in the application dossier for issuance of a legal advisor card.

2. A fine from 1,000,000 VND to 3,000,000 VND for the act of using fake documents in the application dossier for issuance of a legal advisor card.

3. Impose a fine ranging from VND 3,000,000 to VND 7,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of a legal advisor card;

b) Demanding money or other material benefits beyond the remuneration collected by the legal advisory center;

c) Taking advantage of the name of the legal advisory center, legal advisor, lawyer, or legal collaborator to provide legal advice for personal gain;

d) Making fake documents in the application dossier for issuance of a legal advisor card;

đ) Using a fake legal advisor card.

4. A fine of from 7,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

a) Making fake legal advisor cards;

b) Inciting individuals or organizations requesting legal advice to provide false information to state agencies with authority;

c) Inciting individuals or organizations requesting legal advice to file illegal complaints, denunciations, or lawsuits;

d) Intentionally providing legal advice to parties with opposing interests in the same matter;

đ) Disclosing information about the case, individuals, or organizations requesting legal advice, except where such individuals or organizations agree or where the law provides otherwise;

e) Engaging in legal advisory activities under the guise of a legal advisor without being a legal advisor.

5. Additional forms of punishment:

Revoking the right to use the legal advisor card and the lawyer practice certificate for a period of 01 month to 03 months for acts stipulated in Point c Clause 3, Points b, c, d, and đ Clause 4 of this Article.

6. Measures to remedy consequences:

a) Canceling fake documents for acts stipulated in Clause 2, Point d and Point đ Clause 3, Point a Clause 4 of this Article;

b) Compelling the return of unlawful profits obtained through acts stipulated in Points b, c, and đ Clause 3, Points a and e Clause 4 of this Article.

Section 3

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND REMEDIAL MEASURES FOR CONSEQUENCES IN NOTARIZATION ACTIVITIES

Article 11. Acts violating regulations on the dossier and procedures for appointing notaries, issuing notary cards; dossiers for establishing, registering operations, and changing the content of registration for notary offices

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of documents issued by competent authorities in the dossier for appointing notaries, issuing notary cards;

b) Altering, erasing, or distorting the content of documents and materials issued by competent authorities in the dossier for establishing, operation registration, and changing the content of registration for notary offices.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Using fake documents in the dossier for appointing notaries;

b) Using fake documents in the dossier for establishing, operation registration, and changing the content of registration for notary offices;

c) Certifying incorrectly the legal work experience, time, and results of the probationary period for practicing notary to appoint notaries.

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Making fake documents in the dossier for appointing notaries;

b) Making fake documents in the dossier for establishing, operation registration, and changing the content of registration for notary offices.

4. Measures to remedy consequences:

Canceling fake documents for acts stipulated in Point a and Point b Clause 2, Clause 3 of this Article.

Article 12. Acts violating the provisions on notarization of contracts and transactions

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Deception, lack of honesty when requesting notarization or attestation;

b) Altering, erasing, or distorting the content of documents to obtain notarization of contracts and transactions.

2. A fine of VND 3,000,000 to VND 7,000,000 for using fake documents to obtain notarization of contracts and transactions.

3. A fine of VND 7,000,000 to VND 10,000,000 for forging documents or impersonating a subject to obtain notarization of contracts and transactions.

4. Measures to remedy consequences:

Seizing fake documents for the acts stipulated in Clauses 2 and 3 of this Article.

Article 13. Acts violating the provisions of notaries regarding the acceptance and safekeeping of wills; notarization of mortgage contracts on real estate, wills, agreements on the division of estates, declarations of inheritance, and renunciations of inheritance

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not sealing the will before the testator, not recording the receipt of acceptance and safekeeping, and not delivering the receipt of acceptance and safekeeping to the testator upon accepting the will;

b) Not posting or posting incorrectly according to regulations regarding location, time limit, and content for agreements on the division of inheritances, declarations of inheritance.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Notarizing mortgage contracts on real estate not in accordance with the provisions of the Notarization Law;

b) Notarizing a will when the testator does not personally request notarization; the testator suffers from mental illness or another disease that prevents them from recognizing and controlling their actions, or there is evidence suggesting that the creation of the will was induced by fraud, threats, or coercion;

c) Notarizing a will without clearly stating in the notarized document the reason why the testator did not present all required documents due to a threat to their life;

d) Notarizing declarations of inheritance in cases where there is no agreement among co-heirs under the law regarding the non-division of the inheritance;

đ) Notarizing agreements on the division of estates, declarations of inheritance in cases of statutory inheritance where the person requesting notarization does not have documents proving the relationship between the decedent and the heir or testamentary inheritance where the person requesting notarization does not have a will;

e) Notarizing agreements on the division of estates, declarations of inheritance in cases where the estate consists of land use rights or assets that must be registered for ownership but the person requesting notarization does not have documents to prove the land use rights or ownership of the assets left by the decedent;

g) Notarizing agreements on the division of estates, declarations of inheritance without clearly identifying that the decedent is indeed the owner of the land use rights or assets and the persons requesting notarization are indeed the heirs, or there is evidence suggesting that leaving the estate and inheriting it is not in accordance with the law;

h) Notarizing agreements on the division of estates, declarations of inheritance without posting the agreement on the division of estates or posting it incorrectly according to the prescribed time limit, location, and content;

i) Notarizing renunciations of inheritance in cases where the heir renounces to avoid fulfilling financial obligations towards others; notarizing the renunciation of inheritance beyond six months from the date of opening the inheritance.

Article 14. Acts violating the provisions on notaries

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Notarizing outside the office premises of the notary practice organization without complying with the provisions of Article 39 of the Notarization Law;

b) Notarizing beyond the prescribed time limit;

c) Correcting technical errors in the notarial document without complying with the regulations;

d) Harassing, causing difficulties for the person requesting notarization;

đ) Refusing to notarize contracts or transactions without grounds;

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Disclosing the contents of notarization without the written consent of the person requesting notarization, except where otherwise provided by law;

b) Notarizing contracts or transactions lacking the signature of the person requesting notarization or the notary's signature on each page of the contract or transaction;

c) Accepting or demanding any amount of money or other material benefits from the person requesting notarization, other than the notarization fee as prescribed by law, the agreed-upon remuneration for notarization, and other agreed-upon expenses;

d) Not witnessing the signing of the notarial document by the person requesting notarization, except as provided by law;

đ) The statement of the notary in the notarial document does not contain the full content as prescribed in Article 5 of the Notarization Law;

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Notarizing beyond the authority as prescribed in Article 37 of the Notarization Law;

b) Notarizing matters related to assets or interests of oneself, spouse, biological parents, parents-in-law, adoptive parents, biological children, adopted children, daughters-in-law, sons-in-law, paternal grandparents, maternal grandparents, siblings, or grandchildren who are children of one’s son or daughter or adopted child;

c) Allowing another person to use one's notary card to engage in notarization activities;

d) Notarizing the amendment, supplementation, or cancellation of contracts or transactions without complying with the provisions of Article 44 of the Notarization Law;

đ) Notarizing contracts or transactions when there is no basis to determine the right to use or own the property involved in the transaction;

e) Notarizing contracts or transactions containing content that violates the law or contravenes social morals;

g) Altering, erasing, or distorting the content of the notary card;

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Using a fake notary card;

b) Using another person's notary card to engage in notarization activities;

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Fabricating a notary card;

b) An individual without notarization authority engaging in activities under the guise of having such authority;

6. Revoking the right to use the notary card for a period of twelve months for the act of notarizing a contract or transaction before all parties to the contract or transaction have been fully identified;

7. Additional forms of administrative sanction:

Revoking the right to use the notary card for a period of one to three months for the acts prescribed in Clause 3 of this Article;

8. Measures to remedy consequences:

a) Canceling false documents for the acts prescribed in Point a of Clause 4 and Point a of Clause 5 of this Article;

b) Compelling the return of any unlawful gains obtained through the acts prescribed in Point c of Clause 2, Clause 4, and Clause 5 of this Article;

Article 15. Acts violating the provisions on the operation of notary practice organizations

1. Warning or imposing a fine of from VND 1,000,000 to VND 2,000,000 for one of the following acts:

a) Failing to display the working schedule, notarization procedures, notarization fees, remuneration for notarization, and rules for receiving persons requesting notarization at the office premises of the notary practice organization;

b) Failing to publish or publishing incorrectly, incompletely, or not within the prescribed time and number of times regarding the content of registration for operations;

c) Failing to establish, manage, and use various types of ledgers and forms as prescribed by law;

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Failing to store or storing notarization files improperly as prescribed by law;

b) Failing to have or using an incorrect signboard as prescribed;

c) Operating outside the scope of the registered activities;

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Altering, erasing, or distorting the content of the decision establishing the notary office or the registration certificate for operations;

b) A notary office failing to purchase professional liability insurance for its notaries;

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Failing to register operations or registering outside the prescribed time with the competent state agency;

b) Failing to notify or notifying incorrectly or outside the prescribed time regarding changes to the registered activities;

c) Establishing branches, representative offices, facilities, or transaction locations outside the main office premises of the notary practice organization;

d) Failing to agree on transferring the custody of wills to another notary practice organization before dissolution or cessation of operations as prescribed by law, and failing to return the wills and storage fees if agreement cannot be reached with the testator;

đ) Using a fake decision establishing the notary office or a fake registration certificate for operations;

5. Imposing a fine of VND 20,000,000 to VND 30,000,000 for the act of fabricating the decision establishing the notary office or the registration certificate for operations;

6. Imposing a fine of VND 40,000,000 to VND 60,000,000 on agencies or organizations without notarization authority engaging in activities under the guise of having such authority;

7. Measures to remedy consequences:

a) Canceling false documents for the acts prescribed in Point đ of Clause 4 and Clause 5 of this Article;

b) Compelling the return of any unlawful gains obtained through the acts prescribed in Point đ of Clause 4, Clause 5, and Clause 6 of this Article;

Section 4

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN LEGAL APPRAISAL ACTIVITIES

Article 16. Acts violating provisions on the person requesting forensic examination

1. Warning or a fine from VND 500,000 to VND 1,000,000 for the act of altering, erasing, or distorting the content of documents and materials attached to the request for forensic examination.

2. A fine from VND 1,000,000 to VND 3,000,000 for the intentional act of providing incomplete or inaccurate information and materials related to the object of forensic examination as required by individuals or organizations conducting the examination.

3. Impose a fine ranging from VND 3,000,000 to VND 7,000,000 for any of the following acts:

a) Forgery or acts that distort the object of forensic examination;

b) Inciting or compelling a forensic examiner to issue a false forensic examination conclusion.

Article 17. Acts violating provisions on forensic examiners; application for establishment files; registration files for forensic examination office operations

1. Warning or a fine from VND 500,000 to VND 1,000,000 for the act of altering, erasing, or distorting the content of documents issued by competent authorities in the application for establishment files and registration files for forensic examination office operations.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Failing to conduct the examination within the requested time limit without a legitimate reason;

b) Failing to promptly and fully record the entire process of the examination in writing;

c) Conducting the examination without meeting the necessary conditions.

3. Impose a fine ranging from VND 3,000,000 to VND 7,000,000 for any of the following acts:

a) Swapping or acts that distort the object of forensic examination;

b) Failing to properly store samples and materials related to the examination case;

c) Disclosing the examination results to others without the written consent of the party requesting or requiring the examination;

d) Failing to establish and retain examination files;

đ) Failing to conduct the examination according to the requested content;

e) Failing to follow the examination procedures and professional standards during the examination process;

g) Altering, erasing, or distorting the content of the examination report;

h) Using fake documents in the appointment application file;

i) Using fake documents in the establishment application file and registration file for forensic examination office operations.

4. A fine of from 7,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

a) Taking advantage of one's own examination to gain personal benefits;

b) Disclosing investigative secrets known when participating in criminal proceedings as a forensic examiner; disclosing confidential information known during the examination of other cases;

c) Refusing to issue an examination conclusion without a legitimate reason;

d) Intentionally issuing a false examination conclusion;

đ) Creating fake documents in the appointment application file;

e) Creating fake documents in the establishment application file and registration file for forensic examination office operations;

g) Conducting an examination in a situation where it should be refused;

h) Failing to truthfully record the results during the examination process.

5. Measures to remedy consequences:

a) Revoking fake documents for the acts stipulated in Point h and Point i Clause 3, Point đ and Point e Clause 4 of this Article;

b) Ordering the return of illegal profits obtained through the acts stipulated in Point a Clause 4 of this Article.

Article 18. Acts violating provisions on forensic examination offices

1. A fine from VND 3,000,000 to VND 7,000,000 for one of the following acts:

a) Altering, erasing, or distorting the content of the operation registration certificate;

b) Failing to assign personnel with appropriate expertise to conduct the examination based on the request of the office;

c) Failing to ensure equipment, means, and other necessary conditions for the examination while still conducting the examination;

d) Failing to establish and retain examination files;

đ) Accepting and organizing examinations in situations where they should be refused;

e) Using a fake operation registration certificate.

2. A fine from VND 7,000,000 to VND 10,000,000 for the act of creating a fake operation registration certificate.

3. Measures to remedy consequences:

a) Revoking fake documents for the acts stipulated in Point e Clause 1, Clause 2 of this Article;

b) Ordering the return of illegal profits obtained through the acts stipulated in Point đ and Point e Clause 1, Clause 2 of this Article.

Section 5

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN AUCTION ACTIVITIES OF ASSETS

Article 19. Acts violating provisions on auctioneers and other persons related to the sale of assets through public auction

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for the act of altering, erasing, or distorting the content of documents issued by competent authorities in the application file for issuance of the auction practice certificate.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Using fake documents in the application file for issuance of the auction practice certificate;

b) Not recording or recording incompletely the details of the auction session in the minutes; not registering the results of the asset sale auction in the asset sale registration book.

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Fabricating documents in the application file for issuance of the auction practice certificate;

b) Altering, erasing, or distorting the content of the auction practice certificate;

c) Personnel working for the organization selling auctioned assets, members of the auction sale committee, or assistants to the auction sale committee participating or allowing persons who are not permitted to participate in the auction of assets to join the auction sale;

d) Obstructing or creating difficulties for participants in the auction during the sale of auctioned assets;

đ) Conducting the auction sale not in accordance with the prescribed procedures;

e) Resisting or obstructing the announcement or notification of the auction sale of assets;

g) Using another person's auction practice certificate to conduct the auction sale;

h) Allowing others to use their auction practice certificate to conduct the auction sale.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Using a fake auction practice certificate;

b) Conducting the auction sale without being an auctioneer unless otherwise provided by law.

5. Imposing a fine from VND 20,000,000 to VND 30,000,000 for the act of fabricating the auction practice certificate.

6. Revoking the right to use the auction practice certificate for six to nine months for auctioneers conducting the auction sale by organizations without the function of selling auctioned assets.

7. Revoking the right to use the auction practice certificate for twelve months for auctioneers committing any of the following acts:

a) Creating a false list of persons registered to purchase auctioned assets, creating false files, or creating files that do not reflect the truth;

b) Colluding or depressing prices during the sale of auctioned assets.

8. Measures to remedy consequences:

a) Canceling fake documents for the act specified in Point a Clause 2, Point a Clause 3, Point a Clause 4, Clause 5 of this Article;

b) Canceling the results of the sale of auctioned assets for the act specified in Point c Clause 3 of this Article if the buyer of the asset is a person not permitted to participate in the auction of assets;

c) Canceling the results of the sale of auctioned assets for the act specified in Point g Clause 3, Point b Clause 4, Clause 6, Clause 7 of this Article;

d) Compelling the return of illegal profits obtained from implementing the acts specified in Point a Clause 4, Clause 5 of this Article.

Article 20. Acts violating provisions on participants in the auction of assets

1. Imposing a fine from VND 7,000,000 to VND 10,000,000 for fraudulent acts regarding participation conditions in the auction of assets.

2. Imposing a fine from VND 10,000,000 to VND 20,000,000 for colluding or depressing prices during participation in the auction.

3. Measures to remedy consequences:

a) Canceling the results of the sale of auctioned assets for the act specified in Clause 1 of this Article if the buyer of the asset is a person who committed fraudulent acts;

b) Canceling the results of the sale of auctioned assets for the act specified in Clause 2 of this Article.

Article 21. Acts violating provisions on organizing and conducting auction activities

1. A fine of VND 1,000,000 to VND 3,000,000 for failing to notify or notifying incorrectly the competent state agency where the business establishment or branch is located about having been issued a business registration certificate for auction services.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Charging fees, deposits, service charges, other amounts not in accordance with regulations;

b) Not properly storing auctioned assets when entrusted;

c) Auctioning assets that have not been appraised, when such assets must be appraised according to the law;

d) Not complying with reporting requirements, not establishing, managing, or improperly using various ledgers and forms;

đ) Not registering the list of auctioneers, not registering changes or additions to the list of auctioneers;

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Not complying with regulations on posting and announcing auctions, viewing auctioned assets;

b) Not posting; not announcing the auction of assets; not organizing for participants to view auctioned assets;

c) Not displaying auctioned assets, limiting the viewing of auctioned assets and their files before the auction date;

d) Not issuing internal rules and regulations for auctions;

đ) Appointing non-auctioneers to manage auctions;

e) Allowing other individuals or organizations to conduct auction activities under their name;

g) Issuing auctioneer cards to persons who do not meet the criteria or who do not work at their organization;

h) Appraising and auctioning the same asset;

4. A fine of VND 30,000,000 to VND 40,000,000 for conducting an auction without the authority to conduct auctions;

5. Measures to remedy consequences:

a) Annul the results of the auction for acts specified in Point c Clause 2, Points b, đ and h Clause 3, Clause 4 of this Article;

b) Order the return of illegal gains obtained from the act specified in Point a Clause 2 of this Article;

Chapter 6

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN COMMERCIAL ARBITRATION ACTIVITIES

Article 22. Acts violating provisions on arbitration centers and foreign arbitration organizations in Vietnam

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not notifying in writing or notifying incorrectly the competent state agency about changes in the legal representative of the arbitration center, the head of the arbitration center's branch; the head of the branch, the head of the representative office of the foreign arbitration organization;

b) Not notifying in writing or notifying incorrectly the competent state agency about changes in the location of the arbitration center's headquarters, the arbitration center's branch, the foreign arbitration organization's branch, the foreign arbitration organization's representative office;

c) Not notifying in writing or notifying incorrectly the competent state agency about changes in the list of arbitrators of the arbitration center, the foreign arbitration organization's branch;

d) Not notifying in writing or notifying incorrectly the competent state agency about the establishment of the arbitration center's branch, the foreign arbitration organization's representative office;

đ) Not notifying in writing or notifying incorrectly the competent state agency about ceasing operations and completing the cessation procedures;

e) Not publishing or publishing incorrectly, incompletely the contents, deadlines, number of times required when establishing an arbitration center, the foreign arbitration organization's branch in Vietnam;

g) Not posting or posting incompletely the list of arbitrators and main contents about the arbitration center;

h) Not complying with reporting requirements; not establishing, managing, or improperly using various ledgers and forms;

2. A fine of VND 3,000,000 to VND 7,000,000 for failing to register with the competent state agency within the prescribed time for changes in the content of the establishment license;

3. Imposing a fine of from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Operating contrary to the content of the arbitration center's establishment license; the establishment license of the foreign arbitration organization's branch; the arbitration center's charter;

b) Operating without being issued an operation registration certificate;

c) Allowing another organization to use its operation registration certificate;

d) Not establishing arbitration procedural rules or the content of the arbitration center's procedural rules contrary to the law on arbitration;

đ) Not retaining arbitration files or retaining them not in accordance with Article 64 of the Commercial Arbitration Law;

e) Not providing copies of arbitration awards upon request of the disputing parties or the competent state agency;

g) Not removing the name of arbitrators from the arbitration center's list of arbitrators when they no longer meet the criteria to be arbitrators;

h) Altering, erasing, or falsifying the content of the establishment license, operation registration certificate;

i) Operating according to amended and supplemented bylaws without approval from the competent state agency;

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Using fake establishment licenses, operation registration certificates;

b) Using another organization's operation registration certificate;

5. A fine of VND 20,000,000 to VND 30,000,000 for forging establishment licenses, operation registration certificates;

6. Measures to remedy consequences:

a) Seizure of false documents for the act specified in Point a Clause 4, Clause 5 of this Article;

b) Order the return of illegal gains obtained from the acts specified in Point b Clause 3, Clause 4, Clause 5 of this Article.

Article 23. Violations concerning arbitrators; application for registration to establish; application for issuance of business registration certificate for foreign arbitration organizations operating in Vietnam

1. Warning or a fine of from VND 500,000 to VND 1,000,000 for the act of altering, erasing, or distorting the content of documents issued by competent authorities in the application for registration to establish, application for issuance of business registration certificate for arbitration centers, foreign arbitration organizations operating in Vietnam.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Disclosing confidential information related to the dispute being arbitrated by the arbitrator, causing damage to the parties involved in litigation;

b) Demanding customers to provide money or other material benefits outside the arbitration fee;

c) Engaging in arbitration without meeting the qualifications and conditions required to be an arbitrator;

d) Using fake documents in the application for establishment, business registration, and application for changes to the content of the establishment permit, business registration certificate of arbitration centers, branches of foreign arbitration organizations.

3. A fine of from VND 7,000,000 to VND 10,000,000 for the act of forging documents in the application for establishment, business registration, and application for changes to the content of the establishment permit, business registration certificate of arbitration centers, branches of foreign arbitration organizations.

4. Measures to remedy consequences:

a) Revoking fake documents for the act stipulated in Point d Clause 2, Clause 3 of this Article;

b) Order the return of illegal profits obtained through the act stipulated in Point b of Clause 2 of this Article.

Chapter III

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF ADMINISTRATIVE JUSTICE

Section 1

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN ACTIVITIES OF AUTHENTICATION

Article 24. Violations concerning authentication of certified copies from original documents, authentication of signatures

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the content of the original document for authentication of certified copies; the content of the translation for authentication of the translator's signature.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using fake documents to request authentication procedures;

b) Using fake certified copies; forging the signature of the person conducting the authentication.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Forging documents to request authentication procedures;

b) Forging certified copies.

4. Measures to remedy consequences:

Seizing fake documents for the acts stipulated in Clauses 2 and 3 of this Article.

Article 25. Violations concerning authentication of contracts, transactions

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the content of documents issued by competent authorities for authentication of contracts, transactions.

2. A fine of from VND 1,000,000 to VND 3,000,000 for the act of using fake documents to obtain authentication of contracts, transactions.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the act of forging documents, impersonating a subject to obtain authentication of contracts, transactions.

4. Measures to remedy consequences:

Seizing fake documents for the acts stipulated in Clauses 2 and 3 of this Article.

Article 26. Violations concerning authentication of translator's signature

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the content of language certificates, diplomas to meet the requirements for authentication of the translator's signature.

2. A fine of from VND 1,000,000 to VND 3,000,000 for the translator using fake documents, language certificates, diplomas to meet the conditions for authentication of the translator's signature.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the translator committing any of the following acts:

a) Forging documents, language certificates, diplomas to meet the conditions for authentication of the translator's signature;

b) Demanding money or other material benefits outside the agreed translation fee;

c) Translating incorrectly for personal gain.

4. Measures to remedy consequences:

a) Revoking fake documents for the act stipulated in Clause 2, Point a Clause 3 of this Article;

b) Compelling the return of illegal profits obtained through the acts stipulated in Point b and Point c Clause 3 of this Article.

Section 2

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES IN ACTIVITIES

MANAGEMENT OF HOUSEHOLD REGISTRATION, CITIZENSHIP, CRIMINAL RECORD

Article 27. Acts violating regulations on birth registration

1. Warning for the person responsible for registering the birth of children who fail to register within the prescribed time limit.

2. Warning or a fine of VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by authorized agencies or organizations for the purpose of birth registration procedures.

3. A fine of VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Providing false evidence regarding the birth;

b) Intentionally making false declarations about the contents of the birth registration;

c) Using fake documents to carry out birth registration procedures.

4. A fine of VND 3,000,000 to VND 5,000,000 for the act of producing fake documents to carry out birth registration procedures.

5. Measures to remedy consequences:

Revoking fake documents for the act stipulated in Point c Clause 3 and Clause 4 of this Article.

Article 28. Acts violating regulations on marriage registration and matchmaking

1. Warning or a fine of VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by authorized agencies for the purpose of marriage registration procedures.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Allowing others to borrow documents to carry out marriage registration procedures; using another person's documents to carry out marriage registration procedures;

b) Using fake documents to carry out marriage registration procedures;

c) Making false declarations about marital status to carry out marriage registration procedures.

3. A fine of VND 3,000,000 to VND 5,000,000 for the act of producing fake documents to carry out marriage registration procedures.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Exploiting marriage for the purpose of exiting or entering the country; acquiring Vietnamese nationality or foreign nationality;

b) Exploiting marriage to enjoy state preferential policies or to achieve other profit-seeking purposes.

5. A fine of VND 20,000,000 to VND 30,000,000 for the act of matchmaking in violation of the law.

6. Measures to remedy consequences:

a) Revoking fake documents for the act stipulated in Point b Clause 2, Clause 3 of this Article;

b) Compelling the return of illegal profits obtained from carrying out the acts stipulated in Clause 4 and Clause 5 of this Article.

Article 29. Acts violating regulations on the organization and operation of marriage and family counseling and support centers with foreign elements

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Failing to notify the competent state agency of changes in name, headquarters, or head;

b) Altering, erasing, or distorting the contents of documents issued by authorized agencies in the application file for changing the scope of activities.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Altering, erasing, or distorting the content of the operation registration certificate;

b) Failing to implement reporting requirements; failing to establish, manage, or improperly use various types of ledgers and forms.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Using fake documents in the application file for changing the scope of activities;

b) Providing false information in the activity registration declaration;

c) Providing false proof of the location of the headquarters;

d) Changing the name, location of the headquarters, head, or scope of activities without a request to the competent authority.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Carrying out marriage and family counseling and support activities with foreign elements before completing the registration procedures;

b) Using a fake activity registration certificate;

c) Operating beyond the scope and content recorded in the activity registration certificate;

d) Demanding money or other material benefits outside the stipulated fee when providing marriage and family counseling and support services with foreign elements.

5. A fine of VND 10,000,000 to VND 20,000,000 for one of the following acts:

a) Producing fake activity registration certificates;

b) Marriage and family counseling and support centers with foreign elements operating when they no longer meet the conditions for operation.

6. Suspension of the right to use the activity registration certificate for six to twelve months for the act of engaging in marriage and family counseling and support activities with foreign elements for profit.

7. Additional forms of administrative sanction:

Suspension of the right to use the activity registration certificate for one to three months for the acts stipulated in Clause 3, Point c and Point d Clause 4 of this Article.

8. Measures to remedy consequences:

a) Revoking fake documents for the act stipulated in Point a Clause 3, Point b Clause 4, Point a Clause 5 of this Article;

b) Compelling the return of illegal profits obtained from carrying out the acts stipulated in Points a, b and d Clause 4, Clause 5, Clause 6 of this Article.

Article 30. Acts Violating Regulations on Issuing Certificates of Marital Status

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by competent authorities for the purpose of issuing certificates of marital status.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using another person's documents to process the issuance of certificates of marital status;

b) Making false declarations about marital status for the purpose of issuing certificates of marital status;

c) Using fake documents to process the issuance of certificates of marital status.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the act of forging documents to process the issuance of certificates of marital status.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated at Point c Clause 2, Clause 3 of this Article.

Article 31. Acts Violating Regulations on Registering Death

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by competent authorities for the purpose of registering death.

2. A fine of from VND 1,000,000 to VND 3,000,000 for the act of using fake documents or providing false evidence for others to process the registration of death.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the act of forging documents to process the registration of death.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Registering the death of a living person;

b) Intentionally failing to register the death of a deceased person for personal gain.

5. Measures to remedy consequences:

a) Revoking fake documents for acts stipulated at Clause 2, Clause 3 of this Article;

b) Compelling the return of illegal profits obtained through the acts stipulated at Point b Clause 4 of this Article.

Article 32. Acts Violating Regulations on Registering Guardianship

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by competent authorities for the purpose of registering guardianship.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using another person's documents to process the registration of guardianship;

b) Using fake documents to process the registration of guardianship.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the act of forging documents to process the registration of guardianship.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated at Point b Clause 2, Clause 3 of this Article.

Article 33. Acts Violating Regulations on Registering Acknowledgment of Parentage

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by competent authorities for the purpose of registering acknowledgment of parentage.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using another person's documents to process the registration of acknowledgment of parentage;

b) Using fake documents to process the registration of acknowledgment of parentage;

c) Forcing another person to acknowledge parentage.

3. A fine of from VND 3,000,000 to VND 5,000,000 for the act of forging documents to process the registration of acknowledgment of parentage.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated at Point b Clause 2, Clause 3 of this Article.

Article 34. Acts Violating Regulations on Changing or Correcting Household Registration

1. Warning or a fine of from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the contents of documents issued by competent authorities for the purpose of changing or correcting household registration.

2. A fine of from VND 1,000,000 to VND 3,000,000 for the act of providing false evidence about the content of changes or corrections to household registration.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Using another person's documents to process the change or correction of household registration;

b) Using documents or materials with incorrect content to process the change or correction of household registration;

c) Using fake documents to process the change or correction of household registration;

d) Relying on false witnesses to change or correct household registration.

4. A fine of from VND 5,000,000 to VND 10,000,000 for the act of forging documents to process the change or correction of household registration.

5. Measures to remedy consequences:

Revoking fake documents for the act stipulated in Point c Clause 3 and Clause 4 of this Article.

Article 35. Acts violating regulations on re-determining ethnicity and re-determining gender

1. Warning or a fine of from VND 300,000 to VND 500,000 for acts of altering, erasing, or distorting the contents of documents issued by competent authorities for procedures to re-determine ethnicity and re-determine gender.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using another person's documents for procedures to re-determine ethnicity and re-determine gender;

b) Using fake documents for procedures to re-determine ethnicity and re-determine gender.

3. A fine of from VND 3,000,000 to VND 5,000,000 for acts of forging documents for procedures to re-determine ethnicity and re-determine gender.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated at Point b Clause 2, Clause 3 of this Article.

Article 36. Acts violating regulations on managing and using household registration documents

1. Warning or a fine of from VND 300,000 to VND 500,000 for acts of altering, erasing, or distorting the contents of household registration documents.

2. A fine of from VND 1,000,000 to VND 3,000,000 for acts of using fake household registration documents.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Forging household registration documents;

b) Destroying household registration documents.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated in Clause 2, Point a, Clause 3 of this Article.

Article 37. Acts violating regulations on managing nationality

1. Warning or a fine of from VND 300,000 to VND 500,000 for acts of altering, erasing, or distorting the contents of documents issued by competent authorities in applications for requesting to acquire, return, or renounce Vietnamese nationality; applications for registering to retain Vietnamese nationality; applications for confirming Vietnamese nationality; applications for confirming Vietnamese origin.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Intentionally making false declarations in applications for requesting to acquire, return, or renounce Vietnamese nationality; applications for registering to retain Vietnamese nationality; applications for confirming Vietnamese nationality; applications for confirming Vietnamese origin;

b) Altering, erasing, or distorting the contents of nationality documents;

c) Using fake documents for nationality procedures;

d) Using fake nationality documents.

3. A fine of from VND 3,000,000 to VND 5,000,000 for acts of forging documents for nationality procedures.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Destroying nationality documents;

b) Forging nationality documents.

5. Measures to remedy consequences:

Revoking fake documents for acts stipulated at Point c and Point d, Clause 2, Clause 3, Point b, Clause 4 of this Article.

Article 38. Acts violating regulations on managing, using, and exploiting judicial record databases; requesting issuance of judicial record certificates; using judicial record certificates

1. A fine of from VND 1,000,000 to VND 3,000,000 for acts of using fake documents to request issuance of judicial record certificates.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Illegally exploiting, using, distorting, or destroying paper judicial record files and electronic judicial record data;

b) Altering, erasing, or distorting the contents of judicial record certificates;

c) Using fake judicial record certificates.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Forging judicial record certificates;

b) Using other people's judicial record certificates.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated in Clause 1, Point c, Clause 2, Point a, Clause 3 of this Article.

Section 3

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND MEASURES TO MITIGATE CONSEQUENCES IN THE ACTIVITIES OF LEGAL EDUCATION AND INTERNATIONAL COOPERATION

Article 39. Acts violating regulations on activities of disseminating and educating the law

Warning or a fine of from VND 500,000 to VND 1,000,000 for acts of obstructing citizens' rights to information, understanding, and studying the law; obstructing the activities of disseminating and educating the law by agencies, organizations, and individuals.

Article 40. Violations concerning the obligations of legal reporters and legal propagandists

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Misrepresenting the content of laws being disseminated;

b) Exploiting the status of legal reporter or legal propagandist to engage in activities not assigned to them for personal gain.

2. Additional forms of punishment:

Revoking the legal reporter's card for a period of from one to three months for violations specified in Point b Clause 1 of this Article.

3. Measures to remedy consequences:

Ordering the return of illegal profits obtained through the implementation of the violation specified in Point b Clause 1 of this Article.

Article 41. Violations concerning international cooperation on laws

1. Imposing a fine of from VND 1,000,000 to VND 3,000,000 for failing to report or reporting inaccurately on the situation of international cooperation on laws.

2. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for organizing international conferences or seminars without permission; not in accordance with approved programs or plans; failing to submit reports after organizing such events.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Failing to comply with regulations requiring submission to competent authorities when modifying or supplementing programs or projects that change their objectives;

b) Failing to monitor and evaluate programs or projects during implementation;

c) Signing cooperation agreements beyond authority, procedures, or formalities.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Implementing or allowing the implementation of legal cooperation programs, plans, or projects with foreign countries without signed documents or with signed documents that have not yet taken effect;

b) Suspending, temporarily suspending, or canceling legal cooperation programs, plans, or projects with foreign countries without a decision from a competent state agency.

Section 4

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN LEGAL ASSISTANCE ACTIVITIES

Article 42. Violations concerning persons eligible for legal assistance

1. Warning for intentionally providing false information or documents about legal assistance cases.

2. Imposing a fine of from VND 300,000 to VND 500,000 for altering, erasing, or distorting the content of documents issued by competent authorities to qualify for legal assistance.

3. Imposing a fine of from VND 500,000 to VND 1,000,000 for using fake documents to qualify for legal assistance.

4. Imposing a fine of from VND 1,000,000 to VND 2,000,000 for fabricating documents to qualify for legal assistance.

5. Measures to remedy consequences:

Nullifying fake documents for violations specified in Clause 3 and Clause 4 of this Article.

Article 43. Violations concerning legal assistance providers

1. Warning for failure to return a legal assistance collaborator card when required.

2. Warning or imposing a fine of from VND 300,000 to VND 500,000 for altering, erasing, or distorting the content of documents to qualify for legal assistance.

3. Imposing a fine of from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Using or allowing others to use a legal assistance collaborator card for personal gain;

b) Using a legal assistant card or exploiting the status of a legal assistance provider for personal gain;

c) Infringing upon the dignity, reputation, rights, and legitimate interests of the assisted person; discriminating against the assisted person;

d) Receiving or demanding money or other benefits from the assisted person;

đ) Refusing or ceasing to provide legal assistance to the assisted person without grounds;

e) Not refusing or continuing to provide legal assistance in cases specified in Article 45 of the Legal Assistance Law.

4. Imposing a fine of from VND 1,000,000 to VND 2,000,000 for any of the following acts:

a) Disclosing information or secrets about legal assistance cases or the assisted person, except where the assisted person consents in writing or otherwise provided by law;

b) Intentionally providing false information or documents about legal assistance cases affecting the time and quality of resolving such cases;

c) Inciting the assisted person to provide false information or documents to competent state agencies; inciting the assisted person to file complaints, accusations, or lawsuits contrary to the law;

d) Using fake documents to qualify as a legal assistance provider; using a fake legal assistance collaborator card;

đ) Providing legal assistance without meeting the qualifications of a legal assistance provider.

5. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for fabricating documents to qualify as a legal assistance provider; fabricating a legal assistant card or a legal assistance collaborator card.

6. Additional forms of punishment:

Revoking the right to use a legal assistance collaborator card for a period of from one to three months for violations specified in Point a Clause 3, Points a, b, and c Clause 4 of this Article.

7. Measures to remedy consequences:

a) Seizure of false documents for the act specified in Point d Clause 4, Clause 5 of this Article;

b) Ordering the return of illegal profits obtained through the implementation of the violations specified in Points a, b, and d Clause 3, Point d Clause 4, Clause 5 of this Article.

Article 44. Acts violating provisions on organizing participation in legal aid

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Failing to report, compile statistics; failing to establish, manage, or improperly use various types of ledgers and forms.

b) Failing to notify as prescribed when terminating participation in legal aid.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Altering, erasing, or changing the content of registration for legal aid, legal aid registration certificate;

b) Refusing to provide legal aid contrary to the law;

c) Providing legal aid not in accordance with the registered content;

d) Providing legal aid when the legal aid registration certificate has been revoked or the legal aid participation activity has been terminated;

đ) Providing legal aid without registering for legal aid;

e) Failing to transfer the legal aid case file being handled to the state legal aid center at the location where legal aid participation was registered upon termination of legal aid participation.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Establishing an organization to provide legal aid contrary to the law;

b) Using a fake legal aid registration certificate.

4. A fine of from five million dong to ten million dong shall be imposed for the act of forging a legal aid registration certificate.

5. Additional forms of punishment:

Revoking the right to use a legal aid registration certificate for a period of one month to three months for the act stipulated in Point c Clause 2 of this Article.

6. Measures to remedy consequences:

Annulment of false documents for the acts stipulated in Point b Clause 3, Clause 4 of this Article.

Section 5

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN REGISTRATION ACTIVITIES

 GUARANTEE TRANSACTIONS

Article 45. Acts violating provisions on registration of guarantee transactions

1. Warning or a fine of from five hundred thousand dong to one million dong shall be imposed for the act of failing to register within the prescribed time limit for mandatory guarantee transactions.

2. A fine of from one million dong to three million dong shall be imposed for the act of altering, erasing, or distorting the content of certificates, information-providing documents issued by the registration authority, or requests for certification by the registration authority.

3. A fine of from three million dong to five million dong shall be imposed for one of the following acts:

a) Forging the signature of the person entitled to request registration in the registration request form or notification document;

b) Using fake documents in the guarantee transaction registration dossier;

c) Using fake certificates, fake information-providing documents, or fake certification request documents.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Forging documents in the guarantee transaction registration dossier;

b) Forging certificates or information-providing documents.

5. Measures to remedy consequences:

Nullifying fake documents for violations specified in Clause 3 and Clause 4 of this Article.

Article 46. Acts violating provisions on accessing information in the database of guarantee transactions

A fine of from five million dong to ten million dong shall be imposed for the act of improperly accessing, using, distorting, or destroying information about guarantee transactions in paper or electronic data form.

Chapter IV

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF MARRIAGE AND FAMILY

Article 47. Early marriage, organizing early marriage

1. Warning or a fine of from five hundred thousand dong to one million dong shall be imposed for the act of organizing marriage for persons who have not reached the legal age for marriage.

2. A fine of from one million dong to three million dong shall be imposed for the act of intentionally maintaining an illegal marital relationship with a person who has not reached the legal age for marriage despite a court decision ordering the termination of such relationship.

Article 48. Acts violating the provisions on prohibition of marriage, violation of the monogamous marriage system; violation of the provisions on divorce

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Being married to another person while already having a wife or husband, marrying someone who is known to already have a wife or husband while not having a wife or husband;

b) Living together as husband and wife with another person while already having a wife or husband;

c) Living together as husband and wife with someone who is known to already have a wife or husband while not having a wife or husband;

d) Marrying persons within three generations of kinship;

đ) Marrying foster parents with their foster children;

e) Marrying between a person who was once a foster parent and foster child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild, stepmother and stepchild.

2. A fine of from VND 10,000,000 to VND 20,000,000 for acts of taking advantage of divorce proceedings to violate population policies or to evade property obligations.

Article 49. Acts violating the provisions on guardianship

1. Warning or a fine of from VND 500,000 to VND 1,000,000 for acts of evading and failing to perform guardianship duties after registering for guardianship.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) Taking advantage of guardianship registration to gain illicit benefits;

b) Taking advantage of guardianship registration to commit sexual offenses or exploit labor.

3. Measures to remedy consequences:

Order the return of illegal profits obtained through the acts stipulated in Clause 2 of this Article.

Article 50. Acts violating the provisions on adoption

1. Warning or a fine of from VND 300,000 to VND 500,000 for acts of altering, erasing, or distorting the contents of documents issued by competent state agencies for the purpose of registering adoption.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Adopting or being adopted when the competent state agency has issued a document refusing the adoption;

b) Using fake documents to register for adoption.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Making false declarations to register for adoption;

b) Creating fake documents to register for adoption;

c) Taking advantage of adoption to violate population laws;

d) Taking advantage of adoption of a child by a war veteran, person meritorious to the revolution, or member of a minority ethnic group to enjoy preferential policies of the State.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Inducing, bribing, coercing, or threatening to obtain consent for a child to be adopted;

b) Taking advantage of adoption or introducing a child for adoption to gain illicit benefits, except as provided for in Point d Clause 3 of this Article;

c) Engaging in illegal brokerage services for adoption;

d) Taking advantage of adoption to exploit labor.

5. Measures to remedy consequences:

a) Canceling fake documents for acts stipulated in Point b Clause 2, Point b Clause 3 of this Article;

b) Ordering the return of unlawful gains obtained through acts stipulated in Point b Clause 2, Point b and Point d Clause 3, Points b, c, and d Clause 4 of this Article.

Article 51. Acts violating the provisions on foreign adoption offices in Vietnam

1. Warning or a fine of from VND 500,000 to VND 1,000,000 for acts of altering, erasing, or distorting the contents of documents issued by competent authorities in the application dossier for operating license of foreign adoption offices in Vietnam.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Not notifying in writing the competent state authority within the prescribed time limit about the termination of operations;

b) Failing to implement reporting requirements; failing to establish, manage, or improperly use various types of ledgers and forms.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Changing the head without permission from the competent authority;

b) Using fake documents in the application dossier for operating license of foreign adoption offices in Vietnam.

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Creating fake documents in the application dossier for operating license of foreign adoption offices in Vietnam;

b) Using fake operating licenses of foreign adoption offices in Vietnam;

c) Introducing children for illegal adoption;

d) Allowing other organizations to use the operating license of foreign adoption offices in Vietnam or using the operating license of another foreign adoption office.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Operating without an operating license of foreign adoption offices in Vietnam or with an expired license;

b) Operating without meeting the conditions stipulated by law on international adoption in Vietnam;

c) Creating fake operating licenses of foreign adoption offices in Vietnam.

6. Revoking the right to use the operating license for 24 months for foreign adoption offices in Vietnam that violate the non-profit principle in the field of international adoption.

7. Additional forms of administrative sanction:

Revoking the right to use the operating license of foreign adoption offices in Vietnam for from one month to three months for acts stipulated in Clause 3, Point c and Point d Clause 4 of this Article.

8. Measures to remedy consequences:

a) Canceling fake documents for acts stipulated in Point b Clause 3, Point a and Point b Clause 4, Point c Clause 5 of this Article;

b) Ordering the return of unlawful gains obtained through acts stipulated in Points b, c, and d Clause 4, Clause 5, Clause 6 of this Article.

Chapter V

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF CIVIL ENFORCEMENT PROCEDURES

Article 52. Violations in civil enforcement activities

1. Warning or a fine from VND 500,000 to VND 1,000,000 for the act of receiving the second notice or summons from the competent authority for enforcement but failing to appear at the location specified in the notice or summons without a legitimate reason.

2. A fine from VND 1,000,000 to VND 3,000,000 for the act of failing to provide information or deliver documents related to the assets subject to enforcement proceedings as requested by the competent authority for enforcement without a legitimate reason.

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Failing to perform the work required, or continuing to perform work that should not be performed according to the judgment or decision;

b) Delaying the performance of enforcement obligations when there are conditions for enforcement;

c) Not performing the commitments agreed upon according to the court's decision recognizing the agreement;

d) Providing false evidence to the civil enforcement agency.

4. A fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Damaging property to avoid fulfilling enforcement obligations or to evade asset attachment;

b) Destroying seals on attached assets;

c) Failing to comply with the decision of the competent authority for enforcement regarding deductions from income.

5. A fine of VND 10,000,000 to VND 20,000,000 for one of the following acts:

a) Disposing of assets to avoid fulfilling enforcement obligations or to evade asset attachment;

b) Illegally using, consuming, transferring, substituting, concealing, or altering the condition of attached assets;

c) Destroying attached assets;

d) Failing to comply with the decision of the competent authority for enforcement regarding the collection of money held by a third party on behalf of the person subject to enforcement;

đ) Intentionally failing to implement the court's decision on provisional measures or judgments and decisions requiring immediate enforcement.

6. A fine from VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Failing to comply with the decision of the competent authority for enforcement regarding deductions from accounts or the recovery of negotiable instruments belonging to the person subject to enforcement;

b) Failing to comply with the decision of the competent authority for enforcement regarding the collection of funds from the business operations of the person subject to enforcement or the collection of funds held by the person subject to enforcement.

7. A fine from VND 30,000,000 to VND 40,000,000 for the act of failing to freeze the account of the person subject to enforcement as decided by the competent authority for enforcement.

8. Measures to remedy consequences:

Order restoration to the original state for the act stipulated in Point a Clause 4, Point a and Point b Clause 5 of this Article.

Chapter VI

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF BUSINESS AND COOPERATIVE ENTERPRISE BANKRUPTCY

Article 53. Acts obstructing or creating difficulties in exercising the right to file a petition

Warning or a fine from VND 500,000 to VND 1,000,000 for acts obstructing or creating difficulties in exercising the right to file a petition for bankruptcy proceedings against businesses or cooperatives in a state of insolvency.

Article 54. Violations of the obligation to file a petition

A fine from VND 1,000,000 to VND 3,000,000 for the act of the business owner or the legal representative of the business or cooperative failing to file a petition for bankruptcy proceedings within the prescribed time limit.

Article 55. Acts violating the obligation to provide documents and present papers

1. Warning or a fine from VND 500,000 to VND 1,000,000 for the applicant requesting the initiation of bankruptcy proceedings who commits any of the following acts:

a) Failing to provide or providing incomplete or untimely documents as required by the People's Court as stipulated by law;

b) Failing to amend the application or supplement documents within the time limit set by the People's Court.

2. A fine from VND 1,000,000 to VND 3,000,000 for the business owner or the legitimate representative of the enterprise or cooperative who fails to present to the People's Court the papers and documents within the prescribed time limit.

Article 56. Acts violating the responsibilities of the applicant requesting the initiation of bankruptcy proceedings

1. A fine from VND 5,000,000 to VND 10,000,000 for the act of the applicant requesting the initiation of bankruptcy proceedings who is not objective, causing adverse effects on the reputation, credibility, and business operations of the enterprise or cooperative.

2. A fine from VND 10,000,000 to VND 20,000,000 for the applicant who engages in deceitful behavior in requesting the initiation of bankruptcy proceedings, causing adverse effects on the reputation, credibility, and business operations of the enterprise or cooperative.

Article 57. Acts violating the provisions on the activities of enterprises and cooperatives after the decision to initiate bankruptcy proceedings has been made

1. A fine from VND 1,000,000 to VND 3,000,000 for the act of the business owner or the legitimate representative of the enterprise or cooperative who does not participate or does not appoint someone to participate in the asset management and liquidation team within the time limit requested by the People's Court.

2. A fine from VND 5,000,000 to VND 10,000,000 for the enterprise or cooperative that, after receiving the decision to initiate bankruptcy proceedings, commits any of the following acts without the written consent of the judge:

a) Pledging, mortgaging, transferring, selling, giving away, leasing assets;

b) Accepting assets from transfer contracts;

c) Terminating an effective contract;

d) Borrowing money;

đ) Selling, converting shares, or transferring property ownership;

e) Paying new debts arising from the business operations of the enterprise or cooperative, paying salaries to workers in the enterprise or cooperative.

3. A fine from VND 10,000,000 to VND 20,000,000 for the enterprise or cooperative that, after receiving the decision to initiate bankruptcy proceedings, commits any of the following acts:

a) Concealing or disposing of assets;

b) Settling unsecured debts;

c) Abandoning or reducing debt collection rights;

d) Converting unsecured debts into secured debts by the enterprise's assets.

4. Measures to remedy consequences:

Compel restoration to the original state altered by the acts specified in Clause 2 and Clause 3 of this Article.

Article 58. Acts violating the provisions on the deadlines and obligations for inventorying assets

A fine from VND 1,000,000 to VND 3,000,000 for the enterprise or cooperative entering a state of bankruptcy who fails to conduct an asset inventory according to the detailed list submitted to the People's Court and fails to determine the value of those assets within the prescribed time limit.

Article 59. Acts violating the obligations of financial institutions where enterprises or cooperatives subject to liquidation procedures have accounts

1. A fine from VND 20,000,000 to VND 30,000,000 for the financial institution where the enterprise or cooperative has an account, from the date of receipt of the People's Court's decision to apply liquidation procedures, if it continues to settle debts of the enterprise or cooperative, except when such settlement is approved in writing by the responsible judge overseeing the bankruptcy proceedings.

2. A fine from VND 30,000,000 to VND 40,000,000 for the financial institution where the enterprise or cooperative has an account, from the date of receipt of the People's Court's decision to apply liquidation procedures, if it engages in any act aimed at offsetting or settling debts owed by the enterprise or cooperative to the financial institution.

3. Measures to remedy consequences:

Compel recovery of payments or offsets made in violation of regulations for the acts specified in Clause 1 and Clause 2 of this Article.

Article 60. Violation of the provisions on notification of bankruptcy status

A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on enterprises and cooperatives that fall into a state of bankruptcy but fail to publicly notify their employees and workers thereof after receiving the court's decision to initiate bankruptcy proceedings.

Article 61. Violations of the obligations of employees and workers related to bankruptcy proceedings

1\. Warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on employees and workers who conceal assets of enterprises and cooperatives after being notified that the enterprise or cooperative has received a decision to initiate bankruptcy proceedings.

2\. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on employees and workers who dispose of or transfer assets of enterprises and cooperatives after being notified that the enterprise or cooperative has received a decision to initiate bankruptcy proceedings.

3. Measures to remedy consequences:

The assets disposed of or transferred shall be recovered compulsorily for the violation stipulated in Clause 2 of this Article.

Article 62. Violations of the conditions for applying the business recovery procedure

A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that have fallen into a state of bankruptcy but fail to develop a business recovery plan according to the resolution of the first creditors' meeting and submit it to the competent People's Court within the prescribed time limit.

Article 63. Violations of the obligation to report on the implementation of the business recovery plan

A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that have fallen into a state of bankruptcy but fail to submit reports on the implementation of the business recovery plan to the competent People's Court within the prescribed time limit.

Article 64. Violations of the provisions on participation in the creditors' meeting

A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the acts of enterprise owners, cooperative representatives, or legal representatives of enterprises and cooperatives, state-owned enterprise shareholders, joint-stock company shareholders, and limited partners of limited liability companies that have filed for bankruptcy proceedings but fail to attend the creditors' meeting or authorize another person to attend without a valid reason.

Chapter VII

AUTHORITY TO ISSUE VIOLATION RECORDS AND ADMINISTRATIVE SANCTIONS

Article 65. Authority to issue violation records

1\. Persons authorized to issue violation records under this Article may only issue administrative violation records for violations within the scope of their official duties, according to the prescribed form, and bear responsibility for issuing such records.

2\. The following persons performing official duties or tasks have the authority to issue administrative violation records:

a\. Persons authorized to impose administrative sanctions as provided for in Articles 66, 67, 68, 69, and 70 of this Decree may issue administrative violation records for acts within their sanctioning authority;

b\. Notaries and civil registry officers at commune level may issue administrative violation records for acts as provided for in Articles 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 47, 48, 49, and 50 of this Decree;

c\. Civil servants of the Judicial Department at district level may issue administrative violation records for acts as provided for 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\. Civil servants and officials of the Department of Justice may issue administrative violation records for acts as provided for in Chapter II, Sections 1 and 2, Article 39, Article 40, Sections 4 and 5 Chapter III, Chapter IV of this Decree and other administrative violations in areas related to judicial assistance, administrative justice, marriage and family, and enforcement of civil judgments;

đ\. Investigators, secretaries, and specialists of civil enforcement agencies may issue administrative violation records for acts as provided for in Chapter V of this Decree;

e\. Civil servants of units under the Ministry of Justice with functions of state management over judicial assistance, administrative justice, marriage and family, and civil enforcement may issue administrative violation records for acts as provided for in Chapters II, III, IV, and V of this Decree and other administrative violations in areas related to their state management functions;

g\. Civil servants of People's Courts at all levels may issue administrative violation records for acts as provided for in Chapter VI of this Decree;

h\. Civil servants and officials of diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad may issue administrative violation records for acts as provided for in Sections 1 and 2 Chapter III of this Decree;

i\. Civil servants and officials of ministries, ministerial-level agencies, and departments managing forensic examination, and organizations conducting examinations may issue administrative violation records for acts as provided for in Section 4 Chapter II of this Decree;

k\. Civil servants and officials of Notary Offices may issue administrative violation records for acts as provided for in Article 12 of this Decree;

l\. Civil servants and officials of Registration Centers for Transactions and Assets, agencies authorized to register security interests in land use rights, attached assets, aircrafts, and ships may issue administrative violation records for acts as provided for in Section 5 Chapter III of this Decree;

m\. Civil servants and officials of Legal Aid Centers may issue administrative violation records for acts as provided for in Article 42 of this Decree.

Article 66. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose a fine of up to three million dong for acts of administrative violations in the field of administrative justice, marriage, and family.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose a fine of up to fifteen million dong for acts of administrative violations in the field of administrative justice, marriage, and family;

c) To revoke the right to use the county-level legal reporter card for a period of time;

d) To apply remedial measures prescribed 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. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) To impose a fine of up to thirty million dong for acts of administrative violations in the field of administrative justice, marriage, and family; up to fifty million dong for acts of administrative violations in the field of judicial assistance;

c) To revoke the right to use the registration certificate for activities, license, practice certificate, practice registration certificate, legal advisor card, notary public card, legal aid collaborator card, legal aid participation registration certificate, legal reporter card at various levels for a period of time;

d) To apply remedial measures prescribed in Chapter II, Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III, Chapter IV of this Decree.

Article 67. Competence to impose administrative penalties of the Judicial Inspectorate Agency

1. Judicial Inspectors performing their duties have the right:

a) To issue warnings;

b) To impose a fine of up to three hundred thousand dong for acts of administrative violations in the field of administrative justice, marriage, and family; up to five hundred thousand dong for acts of administrative violations in the field of judicial assistance;

c) In addition to the competence prescribed in Points a and b of this Clause, Inspectors of the Ministry of Justice have the right to impose a fine of up to four hundred thousand dong for acts of administrative violations in the field of civil enforcement proceedings and to apply remedial measures to restore the original state prescribed in Chapter V of this Decree.

2. Heads of Provincial Department of Justice Inspection Teams, Heads of specialized inspection teams of Provincial Departments of Justice have the right:

a) To issue warnings;

b) To impose a fine of up to fifteen million dong for acts of administrative violations in the field of administrative justice, marriage, and family; up to twenty-five million dong for acts of administrative violations in the field of judicial assistance;

c) To revoke the right to use the registration certificate for activities, license, practice certificate, practice registration certificate, legal advisor card, notary public card, legal aid collaborator card, legal aid participation registration certificate, legal reporter card at various levels for a period of time;

d) To apply remedial measures prescribed in Chapter II; Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III; Chapter IV of this Decree.

3. Heads of specialized inspection teams of the Ministry of Justice have the right:

a) To issue warnings;

b) To impose a fine of up to twenty-one million dong for acts of administrative violations in the field of administrative justice, marriage, and family; up to twenty-eight million dong for acts of administrative violations in the field of civil enforcement proceedings; up to thirty-five million dong for acts of administrative violations in the field of judicial assistance;

c) To revoke the right to use the registration certificate for activities, license, practice certificate, practice registration certificate, legal advisor card, notary public card, legal aid collaborator card, legal aid participation registration certificate, legal reporter card at various levels for a period of time;

d) To apply remedial measures prescribed in Chapters II, III, and IV of this Decree.

4. Heads of the Ministry of Justice Inspection have the right:

a) To issue warnings;

b) To impose a fine of up to thirty million dong for acts of administrative violations in the field of administrative justice, marriage, and family; up to forty million dong for acts of administrative violations in the field of civil enforcement proceedings; up to fifty million dong for acts of administrative violations in the field of judicial assistance;

c) To revoke the right to use the registration certificate for activities, license, practice certificate, practice registration certificate, legal advisor card, notary public card, legal aid collaborator card, legal aid participation registration certificate, legal reporter card at various levels for a period of time;

d) To apply remedial measures prescribed in Chapters II, III, IV, and V of this Decree.

Article 68. Competence to impose administrative penalties of the Civil Enforcement Agency

1. A civil enforcement officer carrying out official duties has the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Director of the Civil Enforcement Office has the right:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) To apply the measures to remedy consequences prescribed in Chapter V of this Decree.

3. A civil enforcement officer who is the head of the management and liquidation team of the bankruptcy case has the right:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To apply the measures to remedy consequences prescribed in Chapter VI of this Decree.

4. The Director of the Civil Enforcement Department, the Head of the Civil Enforcement Office at the Military Zone have the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply the measures to remedy consequences prescribed in Chapter V of this Decree.

5. The Director General of the Civil Enforcement Department has the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) To apply the measures to remedy consequences prescribed in Chapter V of this Decree.

Article 69. Competence to impose administrative penalties of diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad

The Heads of Diplomatic Missions, Consular Offices, and Other Bodies Authorized to Perform Consular Functions of the Socialist Republic of Vietnam abroad have the right to:

1. Issue a warning;

2. To impose a fine up to 30,000,000 VND for acts of administrative violations in the field of administrative justice;

3. To apply the measures to remedy consequences prescribed in Section 1 and Section 2 of Chapter III of this Decree.

Article 70. Competence to impose administrative penalties of the People's Court

The competence of the People's Court to impose administrative penalties shall be implemented according to the provisions of Article 48 of the Law on Handling Administrative Violations, specifically as follows:

1. A judge assigned to handle bankruptcy cases has the right:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To apply the measures to remedy consequences prescribed in Chapter VI of this Decree.

2. The President of the People's Court at the district level, the Chief Judge of specialized courts at the provincial level have the right:

a) To issue warnings;

b) Fine up to VND 7,500,000.

3. The President of the People's Court at the provincial level, the Chief Judge of the Appeals Division of the Supreme People's Court, the Chief Judge of specialized courts at the Supreme People's Court have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To apply the measures to remedy consequences prescribed in Chapter VI of this Decree.

Article 71. Competence to impose fines for organizational violations

The competence to impose fines of the positions specified in Point b Clause 1, Point b Clause 2 and Point b Clause 3 of Article 66; Point b and Point c Clause 1, Point b Clause 2, Point b Clause 3, Point b Clause 4 of Article 67; Point b Clause 1, Point b Clause 2, Point b Clause 3, Point b Clause 4 and Point b Clause 5 of Article 68; Clause 2 of Article 69; Point b Clause 1, Point b Clause 2 and Point b Clause 3 of Article 70 of this Decree is the competence to impose fines for an individual's administrative violation; for organizational violations, the competence to impose fines on organizations is twice the competence to impose fines on individuals.

Article 72. Determining the competence to impose administrative penalties

1. The competence to impose administrative penalties of the Chairpersons of People's Committees at all levels:

a) The Chairperson of the People's Committee at the commune level imposes penalties for administrative violations stipulated in Articles 24, 25, 27, 28, 30, 31, 32, 33, 34, 36, 47, 48, 49, and 50 of this Decree and other administrative violations in fields under state management related to administrative justice, marriage, and family affairs according to the competence stipulated in Clause 1 of Article 66 of this Decree;

b) The Chairperson of the People's Committee at the district level imposes penalties for administrative violations stipulated in Section 1 of Chapter III, Articles 27, 28, 30, 31, 32, 33, 34, 35, 36, 39, and 40, Section 5 of Chapter III, Articles 47, 48, 49, and 50 of this Decree and other administrative violations in fields under state management related to administrative justice, marriage, and family affairs according to the competence stipulated in Clause 2 of Article 66 of this Decree;

c) The Chairperson of the People's Committee at the provincial level imposes penalties for administrative violations stipulated in Chapter II, Sections 1 and 2, Article 39, Article 40, Sections 4 and 5 of Chapter III, Chapter IV of this Decree and other administrative violations in fields under state management related to judicial assistance, administrative justice, marriage, and family affairs according to the competence stipulated in Clause 3 of Article 66 of this Decree.

2. The competence to impose administrative penalties of inspection agencies:

a) Inspectors, Heads of specialized inspection teams, Directors of Inspection Departments of the Department of Justice impose penalties for administrative violations stipulated in Chapter II; Sections 1 and 2, Article 39, Article 40, Sections 4 and 5 of Chapter III; Chapter IV of this Decree and other administrative violations in fields under state management related to judicial assistance, administrative justice, marriage, and family affairs according to the competence stipulated in Clauses 1 and 2 of Article 67 of this Decree;

b) Inspectors, Heads of specialized inspection teams, Directors of the Department of Justice impose penalties for administrative violations stipulated in Chapters II, III, IV, and V of this Decree and other administrative violations in fields under state management related to judicial assistance, administrative justice, marriage, and family affairs, civil enforcement according to the competence stipulated in Clauses 1, 3, and 4 of Article 67 of this Decree.

3. The competence to impose administrative penalties of the civil enforcement agency:

a) Civil enforcement officers of the civil enforcement agency have the competence to impose penalties for acts prescribed in Chapter V according to the competence stipulated in Clause 1 of Article 68 of this Decree;

b) The Director of the Civil Enforcement Office has the competence to impose penalties for acts prescribed in Chapter V according to the competence stipulated in Clause 2 of Article 68 of this Decree;

c) Civil enforcement officers who are the heads of the management and liquidation teams of bankruptcy cases have the competence to impose penalties for acts prescribed in Chapter VI according to the competence stipulated in Clause 3 of Article 68 of this Decree;

d) The Director of the Civil Enforcement Department, the Head of the Civil Enforcement Office at the Military Zone have the competence to impose penalties for acts prescribed in Chapter V according to the competence stipulated in Clause 4 of Article 68 of this Decree;

đ) The Director General of the Civil Enforcement Department has the competence to impose penalties for acts prescribed in Chapter V according to the competence stipulated in Clause 5 of Article 68 of this Decree.

4. The heads of diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad impose penalties for acts prescribed in Section 1 and Section 2 of Chapter III of this Decree according to the competence stipulated in Article 69 of this Decree.

5. The People's Courts at all levels have the authority to impose penalties on the acts prescribed in Chapter VI of this Decree in accordance with the authority stipulated in Article 70 of this Decree.

Article 73. Administrative Penalty Authority of Other Agencies

In addition to those persons having administrative penalty authority as prescribed in this Decree, other agencies' personnel having administrative penalty authority according to the Law on Handling Administrative Violations within their assigned functions and tasks, upon discovering administrative violations prescribed in this Decree within their areas or jurisdictions of management, shall also have the right to impose penalties.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 74. Effective Date

1. This Decree takes effect from November 11, 2013, and replaces Government Decree No. 60/2009/NĐ-CP dated July 23, 2009, on administrative penalties in the field of judiciary; Government Decree No. 87/2001/NĐ-CP dated November 21, 2001, on administrative penalties in the field of marriage and family; and Government Decree No. 10/2009/NĐ-CP dated February 6, 2009, on administrative penalties during the process of bankruptcy proceedings.

2. For administrative violations in the fields of judicial assistance, administrative judiciary, marriage and family, civil enforcement, and enterprise and cooperative bankruptcy occurring before the effective date of this Decree but discovered afterwards or currently under examination and resolution, the Government's Decree on administrative penalties that was effective at the time of the violation shall be applied for handling. Where the provisions on administrative penalties in this Decree are more favorable to the violators, these provisions shall be applied for handling.

3. For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individuals or organizations subject to such penalties still file complaints, the provisions of the Administrative Violation Handling Ordinance, Government Decree No. 60/2009/NĐ-CP dated July 23, 2009, on administrative penalties in the field of judiciary; Government Decree No. 87/2001/NĐ-CP dated November 21, 2001, on administrative penalties in the field of marriage and family; and Government Decree No. 10/2009/NĐ-CP dated February 6, 2009, on administrative penalties during the process of bankruptcy proceedings shall be applied.

Article 75. Responsibility for implementation

1. The Minister of Justice shall be responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.