Decree No. 117/2024/ND-CP Amending and supplementing some articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative penalties for violations in the field of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises, cooperatives

DECREE

Amending and supplementing certain articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative penalties in the field of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperativesngày 15 tháng 7 năm 2020 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực bổ trợ tư pháp; hành chính tư pháp; hôn nhân và gia đình; thi hành án dân sự; phá sản doanh nghiệp, hợp tác xãtại điểm c khoản 2 Điều 83.

and family; civil enforcement; bankruptcy of enterprises and cooperatives

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Inspection Law on November 14, 2022;

Pursuant to the Ordinance on Administrative Penalties for Acts Hindering Litigation Activities dated August 18, 2022;

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative penalties in the field of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperatives.

Article 1. Amending and supplementing certain articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative penalties in the field of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperatives

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

a) Amend and supplement Point a Clause 2 as follows:

“a) Organizations practicing as lawyers; social-professional organizations of lawyers; foreign organizations practicing as lawyers in Vietnam; branches, representative offices of organizations practicing as lawyers; legal counseling centers, branches of legal counseling centers; organizations practicing notarization; social-professional organizations of notaries; forensic examination offices; auction organizations; branches, representative offices of auction organizations; organizations wholly owned by the State with 100% capital contribution established by the Government to handle non-performing loans of credit institutions; organizations with assets up for auction; arbitration centers; branches, representative offices of arbitration centers; branches, representative offices of foreign arbitration organizations in Vietnam; commercial mediation centers; branches, representative offices of commercial mediation centers; foreign mediation organizations in Vietnam; notary offices; enterprises managing and liquidating assets;”

b) Add Clause 3 after Clause 2 as follows:

“3. Households and family businesses that commit violations as prescribed in this Decree shall be subject to administrative penalties as if they were individuals.”

2. Amending and supplementing Clause 3 of Article 3 as follows:

a) Amendments and supplements to Point a Clause 3 as follows:

“a) Proposing relevant agencies, organizations, or authorized persons to examine and handle matters related to issued certificates or documents;”

b) Supplementing Points q and r after Point p of Clause 3 as follows:

“q) Compelling the return of licenses, practice certificates, registration papers that have been erased or altered to the issuing agency or authorized person;

r) Compelling the return of original documents that have been erased or altered to the issuing agency or authorized person.”

3. Supplementing Article 4a after Article 4 as follows:

“Article 4a. Provisions on administrative offenses that have ended, ongoing administrative offenses, and administrative penalties for repeated offenses

1. Determination of administrative offenses that have ended and ongoing administrative offenses for the statute of limitations on administrative penalties shall be carried out in accordance with the provisions of the Decree detailing certain articles and measures for implementing the Law on Handling Administrative Violations.

2. Administrative penalties for repeated offenses:

a) A person committing multiple offenses shall be subject to separate penalties for each offense, except in cases where the repeated offenses are as specified in Point b of this Clause;

b) A person repeatedly committing offenses as specified in Point a of Clause 1, Point g of Clause 3 of Article 6; Point h of Clause 3, Point a of Clause 5 of Article 7; Clause 1 and the act "lacking proof of relationship between the deceased and the heir in cases of statutory inheritance" at Point d of Clause 3 of Article 13; Clause 2 of Article 14; Clause 1, Points a, b, c, and l of Clause 2, Point b of Clause 3 of Article 15; Point l of Clause 1 of Article 16; Clause 1, Point c of Clause 2 of Article 22; Point b of Clause 1, Point b of Clause 2, Point i of Clause 3 of Article 32; Points b, c, đ, e, g, and h of Clause 2, Points a and g of Clause 3, Points b, đ, and e of Clause 4 of Article 34; Points d and đ of Clause 3 of Article 47; Sections 3, 4, and 5 of Chapter III; Articles 62 and 63 of Chapter IV; Chapter V; Points d and h of Clause 1 of Article 79 of Chapter VI of this Decree shall be subject to aggravating circumstances for repeated offenses.”

4. Supplementing Article 4b after Article 4a as follows:

“Article 4b. Enforcement of penalties and remedial measures

1. The enforcement of penalties and remedial measures prescribed in this Decree shall be carried out in accordance with the Law on Handling Administrative Violations and guiding documents.

2. For administrative offenses subject to remedial measures compelling the return of licenses, practice certificates, registration papers that have been erased or altered, the following procedures shall apply:

a) If at the time of issuing the decision on administrative penalty, the remedial measure compels the return of licenses, practice certificates, registration papers that have been erased or altered, and these documents are still being temporarily held by the authorized person according to Points a and b of Clause 1 of Article 125 of the Law on Handling Administrative Violations, then within two working days from the date of issuance of the decision on administrative penalty, the authorized person who issued the decision must send a letter along with the decision on administrative penalty, the erased or altered license, practice certificate, or registration paper to the issuing agency or authorized person.”

b) If the case does not fall under the circumstances prescribed in point a of this clause, the individual or organization violating must return the license, practice certificate, registration certificate that has been erased or altered to deviate from the content to the authority that issued such certificates within the time limit specified in the administrative penalty decision and bear all costs for implementing remedial measures.

3. Remedial measures requiring the return of licenses, practice certificates, registration certificates that have been erased or altered to deviate from the content to the authority that issued such certificates; requiring the return of the original documents that have been erased or altered to deviate from the content to the authority that issued such documents and the supplementary form of punishment of confiscation of items being documents that have been erased or altered to deviate from the content shall not be applied in cases where such documents are issued and stored electronically. In such cases, the authority issuing the administrative penalty decision must notify in writing the authority that issued such documents to handle according to regulations.

5. Amend and supplement Clause 4 of Article 5 as follows:

"4. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Require the return of the original documents that have been erased or altered to deviate from the content to the authority that issued such documents for violations as prescribed in Clause 1 of this Article, except in cases where the original has already been confiscated as prescribed in Clause 3 of this Article;

c) Require the return of the unlawful profits obtained from implementing violations as prescribed in Clauses 1 and 2 of this Article.

6. Amend and supplement Article 6 as follows:

a) Supplement Clause 5a after Clause 5 as follows:

“5a. Fine from VND 15,000,000 to VND 30,000,000 for acts of insulting the dignity, reputation, and prestige of the authorized person conducting litigation.”

b) Amend and supplement Point c of Clause 6 as follows:

“c) Act on their own or assist clients in committing acts of violation of laws to delay, prolong the time, or create difficulties and obstacles for the operation of the litigation authority and other state agencies;”

c) Supplement Point g after Point e of Clause 7 as follows:

“g) Engage in other legal service activities not in accordance with the provisions of Article 30 of the Lawyer Law.”

d) Amend and supplement Point b of Clause 8 as follows:

“b) Suspend the right to use the lawyer's practice certificate or lawyer's license in Vietnam for six months to nine months for violations as prescribed in Point b of Clause 5, Clause 5a, Points c, d, and e of Clause 6, and Clause 7 of this Article;”

đ) Amend and supplement Point c of Clause 8 as follows:

“c) Confiscate the evidence items being certificates of participation in litigation, notification documents of defense counsel that have been erased or altered to deviate from the content as prescribed in Point a of Clause 4 of this Article;”

e) Supplement Point d after Point c of Clause 8 as follows:

“d) Confiscate the evidence items and means of administrative violation for violations as prescribed in Clause 5a of this Article.”

g) Amend and supplement Point a of Clause 9 as follows:

“a) Require the return of the original certificates of participation in litigation, notification documents of defense counsel that have been erased or altered to deviate from the content to the authority that issued them for violations as prescribed in Point a of Clause 4 of this Article, except in cases where the original has already been confiscated as prescribed in Point c of Clause 8 of this Article;”

h) Supplement Point c after Point b of Clause 9 as follows:

“c) Require the return of the lawyer’s practice certificate, registration certificate for practicing as a lawyer in Vietnam, and lawyer’s license in Vietnam of foreign lawyers that have been erased or altered to deviate from the content to the authority that issued them for violations as prescribed in Point a of Clause 4 of this Article.”

7. Amend and supplement Article 7 as follows:

a) Supplement Point l after Point k of Clause 1 as follows:

“l) Fail to report changes to the registered activity content after registering the branch’s activity of the legal service organization.”

b) Amend and supplement Point m of Clause 2 as follows:

“m) Fail to purchase professional liability insurance for lawyers of their organization as prescribed by law;”

c) Amend and supplement Point a of Clause 8 as follows:

“a) Require the return of the license, registration certificate that have been erased or altered to deviate from the content to the authority that issued them for violations as prescribed in Points a and b of Clause 3 of this Article;”

8. Amend and supplement Clause 3 of Article 8 as follows:

a) Amend and supplement Point b Clause 3 as follows:

“b) Register for lawyer training, join the Bar Association not in accordance with the provisions of the law and the charter of the lawyer social-professional organization;”

b) Supplement Point h after Point g of Clause 3 as follows:

“h) Fail to establish, manage, and use books, forms as prescribed.”

9. Amend and supplement Point a of Clause 6 of Article 9 as follows:

“a) Require the return of the registration certificate that has been erased or altered to deviate from the content to the authority that issued it for violations as prescribed in Point g of Clause 2 of this Article;”

10. Amend and supplement Article 10 as follows:

a) Amend and supplement Point c Clause 4 as follows:

“c) Confiscate the evidence items being documents that have been erased or altered to deviate from the content for violations as prescribed in Clause 1 of this Article.”

b) Amend and supplement Clause 5 as follows:

“5. Remedial measures:

a) Recommend the competent authority to examine and handle the issued legal advisor cards due to violations as prescribed in Clause 1 of this Article;

b) Require the return of the original documents that have been erased or altered to deviate from the content to the authority that issued such documents for violations as prescribed in Clause 1 of this Article, except in cases where the original has already been confiscated as prescribed in Point c of Clause 4 of this Article;

c) Require the return of the legal advisor card that has been erased or altered to deviate from the content to the authority that issued it for violations as prescribed in Point a of Clause 2 of this Article.”

11. Amend and supplement Clause 4 of Article 11 as follows:

"4. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clauses 1 and 2 of this Article;

b) Compel the submission of the original document or text that has been erased, altered, or tampered with to the authority that issued such document or text for violations as stipulated in Clause 1 of this Article, except in cases where the original has already been confiscated as provided for in Point b, Clause 3 of this Article;

c) Require the return of the unlawful profits obtained from implementing violations as prescribed in Clauses 1 and 2 of this Article.

12. Amend and supplement Article 12 as follows:

a) Amendments and supplements to Point a Clause 3 as follows:

“a) Impersonate or hire others to impersonate the person requesting notarization; impersonate or hire others to impersonate persons with rights and obligations related to the contract or transaction being notarized; forge the signature of the person requesting notarization; forge the signature of the notary public;”

b) Amend and supplement Point c, Clause 5 as follows:

“c) Compel the submission of the original document or text that has been erased, altered, or tampered with to the authority that issued such document or text for violations as stipulated in Clause 1 of this Article, except in cases where the original has already been confiscated as provided for in Clause 4 of this Article.”

13. Amend and supplement Clause 5 of Article 13 as follows:

“5. Remedial measures:

a) Compel the notary organization currently storing the notarization file to notify relevant authorities, organizations, or individuals about violations as stipulated in Point a, Clause 2, Points a, b, c, d, đ, e, and g, Clause 3 of this Article;

b) Compel the submission of unlawful profits obtained from implementing violations as stipulated in Clause 3 of this Article.”

14. Amend and supplement Article 15 as follows:

a) Supplement Point o following Point n, Clause 2 as follows:

“o) The supervising notary does not provide a complete evaluation according to regulations on the training period for notarial practice for trainees under their supervision.”

b) Amend and supplement Point d of Clause 3 as follows:

“d) Accept or demand money or other benefits from the person requesting notarization beyond the prescribed notary fees, service charges based on requests related to notarization, and agreed-upon additional costs;”

c) Amend and supplement Point a of Clause 8 as follows:

“a) Revoke the notary public's card for a period of one to three months for violations as stipulated in Points c, đ, i, m, and q, Clause 3, Point d, Clause 4, and Point b, Clause 6 of this Article;”

d) Amend and supplement Point c, Clause 8 as follows:

“c) Confiscate documents or texts that have been erased, altered, or tampered with for violations as stipulated in Point m, Clause 2 of this Article; confiscate evidence items such as appointment decisions that have been erased, altered, or tampered with for violations as stipulated in Point h, Clause 4 of this Article.”

đ) Amend and supplement Point a, Clause 9 as follows:

“a) Compel the submission of the original appointment decision that has been erased, altered, or tampered with to the authority that issued it for violations as stipulated in Point h, Clause 4 of this Article; the original document or text that has been erased, altered, or tampered with for violations as stipulated in Point m, Clause 2 of this Article, except in cases where the original has already been confiscated as provided for in Point c, Clause 8 of this Article;”

e) Supplement Point d following Point c, Clause 9 as follows:

“d) Compel the submission of the notary public's card that has been erased, altered, or tampered with to the authority that issued it for violations as stipulated in Point h, Clause 4 of this Article.”

15. Amend and supplement Article 16 as follows:

a) Amend and supplement point a, Clause 1 as follows:

“a) Fail to post or post incompletely the schedule of work; notarization procedures; rules for receiving clients requesting notarization; notarization fees, maximum prices for services related to notarization, and other costs; list of interpreters at the office of the notary organization;”

In cases where written review opinions are solicited, the Ministry of Justice shall seek opinions from the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Science and Technology, relevant agencies and organizations, experts, and scientists.

“đ) Charge service fees for services related to notarization higher than the maximum price set by the provincial People's Committee or higher than the posted price; charge other costs higher than the agreed-upon amount;”

c) Supplement Points d, đ, e, and g following Point c, Clause 3 as follows:

“d) Violate regulations on reporting and sending copies of professional liability insurance contracts, contract amendments, or extensions to the Department of Justice when purchasing insurance or amending or extending insurance contracts;

đ) Fail to properly accept the full notarization file of a dissolved notary office or a notary office ceasing operations as directed by the Department of Justice;

e) Accept new general partners of a notary office in violation of the law;

g) Cease the status of a general partner of a notary office in violation of the law.”

d) Supplement Point c following Point b, Clause 6 as follows:

“c) Fail to record notarizations in the notary register for completed notarization files.”

đ) Amend and supplement Points b and c, Clause 7 as follows:

“b) Suspend operations for a period of three to six months for violations as stipulated in Point c, Clause 4 and Point c, Clause 6 of this Article;

c) Confiscate evidence items such as permission decisions for establishing a notary office that have been erased, altered, or tampered with for violations as stipulated in Point a, Clause 3 of this Article.”

e) Amend and supplement Clause 8 as follows:

"8. Measures to remedy consequences:

a) Compel the submission of unlawful profits obtained from implementing violations as stipulated in Points đ and e, Clause 2, Points a, c, and đ, Clause 4, and Clause 6 of this Article;

b) Compel the submission of the original permission decision for establishing a notary office that has been erased, altered, or tampered with to the authority that issued it for violations as stipulated in Point a, Clause 3 of this Article, except in cases where the original has already been confiscated as provided for in Point c, Clause 7 of this Article;

c) Compel the submission of the registration certificate for the notary office that has been erased, altered, or tampered with to the authority that issued it for violations as stipulated in Point a, Clause 3 of this Article;

d) Compel the notary organization currently storing the notarization file to notify relevant authorities, organizations, or individuals about violations as stipulated in Clause 6 of this Article.”

16. Amend and supplement Clause 1 of Article 17 as follows:

“1. Fine from VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) A notary profession social organization fails to implement regular reporting systems or reports as required by competent state agencies;

b) The Notary Association shall not participate in the handover of notarization files between a dissolved Notary Office or a notary office that has ceased operations and another notarial practice organization in accordance with the provisions.”

17. Add Section 3a following Section 3 of Chapter II as follows:

“Section 3a

ADMINISTRATIVE VIOLATIONS, FORMS OF FINES, AMOUNTS OF FINES AND MEASURES TO REMEDY CONSEQUENCES REGARDING THE PREVENTION AND COMBATING OF MONEY LAUNDERING, TERRORIST FINANCING AND PROLIFERATION FINANCING IN THE FIELD OF LEGAL ASSISTANCE

Article 17a. Administrative violations regarding the prevention and combating of money laundering, terrorist financing and proliferation financing in the field of legal assistance

Lawyers, legal practice organizations, notaries, and notarial practice organizations that commit acts violating the regulations on the prevention and combating of money laundering, terrorist financing and proliferation financing in the field of legal assistance shall be subject to administrative penalties in accordance with the Government's decree on administrative penalties in the field of monetary affairs and banking.”

18. Amend and supplement Clauses 3 and 4 of Article 18 as follows:

“3. Forms of supplementary sanctions:

Confiscation of evidence items being judicial appraisal officer appointment decisions, permission decisions for establishing judicial appraisal offices that have been erased, altered, and distorted in content in violation of Clause 1 of this Article.

4. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Compel the return of the original judicial appraisal officer appointment decision and permission decision for establishing a judicial appraisal office that have been erased, altered, and distorted in content to the authority or person who issued them in violation of Clause 1 of this Article, except where the original has already been confiscated under Clause 3 of this Article;

c) Compel the return of the registration certificate for the operation of a judicial appraisal office that has been erased, altered, and distorted in content to the authority or person who issued it in violation of Clause 2 of this Article;

d) Compel the return of the unlawful profits obtained from implementing the violations stipulated in Clauses 1 and 2 of this Article.”

18. Add Point m following Point l of Clause 2 of Article 20 as follows:

“m) Refuse to accept or conduct judicial appraisals without legitimate reasons.”

19. Amend and supplement Clause 3 of Article 21 as follows:

“3. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Compel the return of the original documents, papers that have been erased, altered, and distorted in content to the authority or person who issued them in violation of Points a and b of Clause 1 of this Article, except where the original has already been confiscated under Clause 2 of this Article;

c) Compel the return of the unlawful profits obtained from implementing the violations stipulated in Clause 1 of this Article.”

20. Amend and supplement Article 22 as follows:

a) Amend and supplement Points b and c of Clause 3 as follows:

“b) Not halt the auction at the request of the asset owner when the auction participant commits one of the following acts: colluding, conniving to depress prices, distorting the auction results; obstructing the auction process; causing disorder, disrupting order at the auction; threatening, coercing the auctioneer, auction participants to distort the auction results;

c) Not revoke the right to participate in the auction when the auction participant commits one of the following acts: providing false information, documents; using forged documents to register for participation in the auction, participating in the auction; colluding, conniving to depress prices, distorting the auction results; obstructing the auction process; causing disorder, disrupting order at the auction; threatening, coercing the auctioneer, auction participants to distort the auction results;”

b) Amend and supplement Point g Clause 3 as follows:

“g) Conducting the auction not in accordance with the auction form, method prescribed in the auction rules; conducting the auction not in accordance with the procedures, formalities prescribed during the organization of the auction;”

c) Amend and supplement Point c of Clause 9 as follows:

“c) Compel the return of the professional practice certificate, auctioneer card that have been erased, altered, and distorted in content to the authority or person who issued them in violation of Point a of Clause 2 of this Article;”

21. Amend and supplement Article 23 as follows:

a) Add Points i and k following Point h of Clause 1 as follows:

“i) Not announcing or publicly announcing the result of selecting the auction organization not within the prescribed time limit or not according to the prescribed model;

k) Selecting the auction organization belonging to the case of refusing to evaluate the application for participation in the selection according to the law.”

b) Add Points c, d and đ following Point b of Clause 3 as follows:

“c) Not examining, verifying information reflecting the auction organization intentionally providing inaccurate or fabricated information about criteria in the application for participation in the selection;

d) Not reporting to the competent authority on the selection and results of the selection of the auction organization along with the verification results in cases where the auction organization intentionally provides inaccurate or fabricated information about criteria in the application for participation in the selection;

đ) Not evaluating, scoring according to the selection criteria to select the auction organization.”

c) Amend and supplement Point b of Clause 5 as follows:

“b) Recommend the competent authority, organization, or person with authority to consider canceling the auction result in cases where the auctioned property is not public property when there are violations stipulated in Points a and g of Clause 1, Clause 2, Point b of Clause 3 leading to distortion of the auction results and Clause 4 of this Article;”

22. Amend and supplement Article 24 as follows:

a) Amend and supplement Point g of Clause 1 as follows:

“g) Not posting, not publicly announcing the service price of the auction;”

b) Add Points m and n following Point l of Clause 1 as follows:

“m) Assigning one auctioneer to guide three or more persons undergoing training to practice auctioning simultaneously;

n) Not retaining images of postings in the auction file of the auction organization as required.”

c) Amend and supplement Point r of Clause 2 as follows:

“r) Collecting fees for selling participation application forms, auction service prices not in accordance with the prescribed amount;”

d) Amend and supplement Point k of Clause 3 as follows:

“k) Accepting money, assets, or other benefits outside the auction service fee, auction costs as prescribed or agreed upon other service fees;”

đ) Amend and supplement Point c Clause 7 as follows:

“c) Order to return the registration certificate for business activities of the enterprise or branch that has been erased or altered to the authority that issued it for the violation stipulated in point o Clause 2 of this Article;”

24. Amend and supplement Article 25 as follows:

a) Amend and supplement Clause 1 as follows:

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

a) Erasing, altering the content of documents issued by authorities or organizations in the application dossier for establishing, registering the operation of arbitration centers or branches of arbitration centers; changing the name or field of activity of arbitration centers, changing the registration of operation of branches of arbitration centers; establishing, registering the operation, changing the name or field of activity of branches of foreign arbitration organizations; establishing representative offices of foreign arbitration organizations; changing the head of representative offices or the location of representative office headquarters of foreign arbitration organizations;

b) Providing false information in the application dossier for establishing, registering the operation of arbitration centers or branches of arbitration centers; changing the name or field of activity of arbitration centers, changing the registration of operation of branches of arbitration centers; establishing, registering the operation, changing the name or field of activity of branches of foreign arbitration organizations; establishing representative offices of foreign arbitration organizations; changing the head of representative offices or the location of representative office headquarters of foreign arbitration organizations; reissuing establishment permits for arbitration centers, branches, representative offices of foreign arbitration organizations in Vietnam; reissuing registration certificates for arbitration centers, branches of arbitration centers, branches of foreign arbitration organizations in Vietnam.”

b) Amend and supplement Clause 3 as follows:

“3. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Order to return the original document, which has been erased or altered, to the authority that issued it for the violation stipulated in Clause 1 of this Article, except where the original has already been confiscated according to the provisions of Clause 2 of this Article;

c) Order to return the unlawful profit obtained from committing the violation stipulated in Clause 1 of this Article.”

25. Amend and supplement Point a Clause 5 Article 26 as follows:

“a) Order to return the establishment permit, registration certificate that has been erased or altered to the authority that issued it for the violation stipulated in point h Clause 3 of this Article;”

26. Amend and supplement Article 28 as follows:

a) Amend and supplement Clause 1 as follows:

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

a) Erasing, altering the content of documents issued by authorities or organizations in the application dossier for establishing, registering the operation, changing the name or address of the headquarters of commercial mediation centers; registering the operation of branches of commercial mediation centers; establishing, registering the operation, changing the name, branch manager, address of branch headquarters of foreign commercial mediation organizations; establishing, changing the name, representative office manager, address of representative office headquarters of foreign commercial mediation organizations;

b) Providing false information in the application dossier for establishing, registering the operation, changing the name or address of the headquarters of commercial mediation centers; registering the operation of branches of commercial mediation centers; establishing, registering the operation, changing the name, branch manager, address of branch headquarters of foreign commercial mediation organizations; establishing, changing the name, representative office manager, address of representative office headquarters of foreign commercial mediation organizations; reissuing establishment permits for commercial mediation centers; reissuing establishment permits for branches/representative offices of foreign commercial mediation organizations in Vietnam; reissuing registration certificates for commercial mediation centers/branches of commercial mediation centers; reissuing registration certificates for branches of foreign commercial mediation organizations in Vietnam.”

b) Amend and supplement Clause 3 as follows:

“3. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Order to return the original document, which has been erased or altered, to the authority that issued it for the violation stipulated in Clause 1 of this Article, except where the original has already been confiscated according to the provisions of Clause 2 of this Article;

c) Order to return the unlawful profit obtained from committing the violation stipulated in Clause 1 of this Article.”

27. Amend and supplement Point a Clause 5 Article 29 as follows:

“a) Order to return the original establishment permit, registration certificate that has been erased or altered to the authority that issued it for the violation stipulated in point đ Clause 3 of this Article;”

28. Amend and supplement Clause 5 Article 31 as follows:

“5. Remedial measures:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clauses 1 and 2 of this Article;

b) Order to return the original document, which has been erased or altered, to the authority that issued it for the violation stipulated in Clause 1 of this Article, except where the original has already been confiscated according to the provisions of Clause 4 of this Article;

c) Order to return the unlawful profit obtained from committing the violations stipulated in Clauses 1, 2, and 3 of this Article.”

29. Amend and supplement Article 32 as follows:

a) Amend and supplement Point b Clause 3 as follows:

“b) Practicing at another notary public office other than the one registered for practice or practicing simultaneously at two or more notary public offices;”

b) Amend and supplement Point a Clause 9 as follows:

“a) Order to return the notary public card that has been erased or altered to the authority that issued it for the violation stipulated in point a Clause 2 of this Article;”

30. Amend and supplement Article 33 as follows:

a) Amend and supplement Points a and b Clause 1 as follows:

“a) Not posting or posting incompletely the schedule of work or rules for receiving requests at the headquarters of the notary public office;

b) Not posting or posting incompletely the procedures or costs for performing tasks at the headquarters of the notary public office;”

b) Amend and supplement Point d of Clause 1 as follows:

“d) Failing to fully implement the reporting system as prescribed;”

c) Supplement Point e after Point đ Clause 2 as follows:

“e) Assigning notaries who do not meet the conditions to guide trainees.”

d) Amend and supplement Clause 7 as follows:

“7. Additional penalties:

a) Suspend operations for one to three months for the violation stipulated in point e Clause 3 of this Article;

b) Suspend operations for three to six months for the violation stipulated in point c Clause 4, points a and d Clause 5 of this Article;

c) Suspend operations for six to nine months for the violation stipulated in point đ Clause 5 of this Article;

d) Confiscate the original decision permitting the establishment of a notary office that has been erased, altered, or falsified to change its content in violation of point a, Clause 4 of this Article.

đ) Amend and supplement Clause 8 as follows:

"8. Measures to remedy consequences:

a) Order the return of the original decision permitting the establishment of a notary office that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under point d, Clause 7 of this Article, for violations of point a, Clause 4 of this Article.

b) Order the return of the registration certificate for the notary office that has been erased, altered, or falsified to change its content to the authority that issued it, for violations of point a, Clause 4 of this Article.

c) Order the return of the unlawful profits obtained from the acts of violation stipulated in point đ, Clause 3, points a, d, and đ, Clause 5, and Clause 6 of this Article.

31. Amend and supplement Article 34 as follows:

a) Add points i and k after point h, Clause 2, as follows:

“i) Failing to certify all signatures of those who have signed the document requesting certification;

k) The interpreter assistant does not re-register the signature sample when changing the signature according to regulations.”

b) Amend and supplement Clause 7 as follows:

“7. Measures to address consequences:

a) Order the organization conducting notarization to publish on the electronic portal of the provincial People's Committee the notice regarding the certified document at points e and g, Clause 2, points a, b, c, and g, Clause 3, Clauses 4 and 5 of this Article;

b) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under point c, Clause 6 of this Article, for violations of Clause 1 of this Article;

c) Order the return of the unlawful profits obtained from the acts of violation stipulated in point d, Clause 3 of this Article.”

32. Amend and supplement point b, Clause 5, Article 35 as follows:

“b) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 4 of this Article, for violations of Clause 1 of this Article.”

33. Amend and supplement point b, Clause 5, Article 36 as follows:

“b) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 4 of this Article, for violations of Clause 1 of this Article.”

34. Amend and supplement Clause 4, Article 37 as follows:

"4. Measures to remedy consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 3 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the birth certificate issued due to violations stipulated in Clauses 1 and 2 of this Article.”

35. Amend and supplement Clause 4, Article 38 as follows:

"4. Measures to remedy consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 3 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the marriage certificate issued due to violations stipulated in Clauses 1 and 2 of this Article.”

36. Amend and supplement Clause 7, Article 39 as follows:

“7. Measures to address consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under point c, Clause 6 of this Article, for violations of point a, Clause 2 of this Article;

b) Order the return of the registration certificate that has been erased, altered, or falsified to change its content to the authority that issued it, for violations of point b, Clause 2 of this Article;

c) Order the return of the unlawful profits obtained from the acts of violation stipulated in points a, b, and c, Clause 4, and Clause 5 of this Article.”

37. Amend and supplement Clause 4, Article 40 as follows:

"4. Measures to remedy consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 3 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the issued document due to violations stipulated in Clause 1 and points a, b, and c, Clause 2 of this Article.”

38. Amend and supplement Clause 5, Article 41 as follows:

“5. Remedial measures:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 4 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the issued document due to violations stipulated in Clauses 1, 2, and points a and c, Clause 3 of this Article;

c) Order the return of the unlawful profits obtained from the acts of violation stipulated in points b and c, Clause 3 of this Article.”

39. Amend and supplement Clause 5, Article 42 as follows:

“5. Remedial measures:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 4 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the issued document due to violations stipulated in Clauses 1 and 2 of this Article.”

40. Amend and supplement Clause 4, Article 43 as follows:

"4. Measures to remedy consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 3 of this Article, for violations of Clause 1 of this Article;

b) Recommend the relevant authority to examine and handle the issued document due to violations stipulated in Clause 1 and points a and b, Clause 2 of this Article.”

41. Amend and supplement Clause 5, Article 44 as follows:

“5. Remedial measures:

a) Recommend the relevant authority to examine and handle the issued document due to violations stipulated in Clauses 1, 2, and 3 of this Article;

b) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under Clause 4 of this Article, for violations of Clause 1 of this Article;

c) Order the return of the unlawful profits obtained from the acts of violation stipulated in Clause 3 of this Article.”

42. Amend and supplement Clause 6, Article 45 as follows:

“6. Measures to address consequences:

a) Order the return of the original document that has been erased, altered, or falsified to change its content to the authority that issued it, except where the original has already been confiscated under point b, Clause 5 of this Article, for violations of Clause 1 of this Article;

b) Compel the payment of all costs to restore the initial state caused by the implementation of the violation stipulated in point b, Clause 2 and point b, Clause 4 of this Article;

c) Recommend that competent authorities examine and handle certificates and documents issued due to the violation stipulated in point a, Clause 4 of this Article;

d) Compel the return of the unlawful profits obtained from the implementation of the violation stipulated in point c, Clause 4 of this Article.”

43. Amend and supplement Clause 5 of Article 46 as follows:

“5. Remedial measures:

a) Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in Clause 1 and point b, Clause 2 of this Article, except where the original has already been confiscated according to Clause 4 of this Article;

b) Recommend that competent authorities examine and handle certificates and documents issued due to the violation stipulated in Clause 1 and points a and c, Clause 2 of this Article.”

44. Amend and supplement Article 47 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Impose a fine of VND 5,000,000 to VND 7,000,000 on the act of erasing, altering, or tampering with the content of a criminal record in any form.”

b) Amend and supplement Clause 5 as follows:

“5. Remedial measures:

a) Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in Clause 2 of this Article, except where the original has already been confiscated according to point b, Clause 4 of this Article;

b) Recommend that competent authorities examine and handle certificates and documents issued due to the violation stipulated in Clause 1 and point b, Clause 3 of this Article.”

45. Amend and supplement Article 48 as follows:

a) Amend the name of Article 48 as follows:

“Article 48. Violations concerning the dissemination, education on laws, and grassroots reconciliation activities”

b) Supplement points c and d after point b, Clause 1 as follows:

“c) Obstructing the grassroots reconciliation activities of the reconciliation committee or mediator;

d) Obstructing the parties in resolving disputes or conflicts through grassroots reconciliation.”

46. Amend and supplement Article 50 as follows:

“Article 50. Violations concerning international cooperation on laws and judicial reform

1. Impose a fine of VND 1,000,000 to VND 3,000,000 on the act of reporting inaccurately about the situation of international cooperation on laws and judicial reform.

2. Impose a fine of VND 3,000,000 to VND 5,000,000 on one of the following acts:

a) Failing to report on the situation of international cooperation on laws and judicial reform as prescribed;

b) Failing to report the results of programs, projects on international cooperation on laws and judicial reform; the results of organizing international conferences, seminars on laws as prescribed.

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 the procedures and formalities for reviewing and soliciting opinions of the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of National Defense regarding international agreements, programs, projects, non-project international cooperation on laws and judicial reform as prescribed;

b) Organizing international conferences, seminars without permission from the competent authority as prescribed.

4. Impose a fine of VND 10,000,000 to VND 15,000,000 on one of the following acts:

a) Reporting or providing false information affecting the review and opinion solicitation for program, project, non-project, conference, seminar documents on laws;

b) Organizing international conferences, seminars on laws and judicial reform not in accordance with the approved agenda, speakers, foreign presenters, and topics;

c) Implementing programs, projects, non-projects on laws and judicial reform not in accordance with the objectives, activities, and outcomes of the approval decision for the program, project, non-project documents.

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

a) Implementing programs, projects, non-projects on laws without an effective approval decision from the competent authority;

b) Approving programs, projects, non-projects on laws incorrectly according to the prescribed procedures, formalities, and authority.”

47. Amend and supplement Clause 5 of Article 51 as follows:

“5. Remedial measures:

Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in Clause 2 of this Article, except where the original has already been confiscated according to Clause 4 of this Article.”

48. Amend and supplement Clause 6 of Article 52 as follows:

“6. Measures to address consequences:

a) Recommend that competent authorities examine and handle certificates and documents issued due to the violation stipulated in Clause 2 of this Article;

b) Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in Clause 2 of this Article, except where the original has already been confiscated according to point b, Clause 5 of this Article;

c) Compel the cancellation of the document that has been tampered with in the case file for the violation stipulated in point e, Clause 3 of this Article;

d) Compel the return of the unlawful profits obtained from the implementation of the violations stipulated in points a, b, c, and d, Clause 3, and point d, Clause 4 of this Article.”

49. Amend and supplement point a, Clause 5 of Article 53 as follows:

“a) Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in point a, Clause 2 of this Article, except where the original has already been confiscated according to point b, Clause 4 of this Article;”

50. Amend and supplement Clause 4 of Article 54 as follows:

"4. Measures to remedy consequences:

Compel the return of the original certificate or document that has been erased, altered, or tampered with to the issuing authority for the violation stipulated in Clause 1 of this Article, except where the original has already been confiscated according to Clause 3 of this Article.”

51. Amend and supplement Article 55 as follows:

a) Amend the name of Article 55 as follows:

“Article 55. Acts violating regulations on exploiting information in databases, registering online security measures”.

b) Amend and supplement Point d of Clause 1 as follows:

“d) Fraudulently impersonating, appropriating, or improperly using personal or organizational database user codes or online registration accounts to commit acts in violation of laws on registering security measures.”

52. Amend and supplement Point a Clause 6 Article 56 as follows:

“a) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Clause 1 of this Article, except where the original has already been confiscated under Clause 5 of this Article;”

53. Amend and supplement Clause 6 Article 57 as follows:

“6. Measures to address consequences:

a) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Clause 1 of this Article, except where the original has already been confiscated under Clause 5 of this Article;

b) Recommend that the authority or organization with jurisdiction review and handle the document or text that has been issued due to violations of Clause 1 of this Article;

c) Compel the return of any unlawful profits obtained from committing acts in violation of Point b Clause 4 of this Article.”

54. Amend and supplement Clause 5 Article 62 as follows:

“5. Remedial measures:

a) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Point d Clause 1 of this Article, except where the original has already been confiscated under Clause 4 of this Article;

b) Recommend that the authority or organization with jurisdiction review and handle the document or text that has been issued due to violations of Points a and d Clause 1; Point b Clause 2 of this Article;

c) Compel the return of any unlawful profits obtained from committing acts in violation of Clause 2 Point b, and Clauses 3 Points b and c of this Article;

d) Compel the payment of all costs for medical examination, treatment, and other expenses (if any) resulting from committing acts in violation of Clause 3 Point c of this Article.”

55. Amend and supplement Clause 8 Article 63 as follows:

"8. Measures to remedy consequences:

a) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Clause 1 of this Article, except where the original has already been confiscated under Point b Clause 7 of this Article;

b) Recommend that the authority or organization with jurisdiction review and handle the document or text that has been issued due to violations of Clause 1 of this Article;

c) Compel the return of any unlawful profits obtained from committing acts in violation of Clauses 4, 5, and 6 of this Article.”

56. Amend and supplement Article 78 as follows:

“Article 78. Acts violating regulations on application files for issuance of professional certificates for judicial managers; registration of individual business operations for managing and liquidating assets; registration of business operations for managing and liquidating assets by asset management and liquidation enterprises

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

a) Erasing, altering, or falsifying the content of documents or texts issued by authorities or organizations in application files for issuance of professional certificates for judicial managers; registration of individual business operations for managing and liquidating assets; registration of business operations for managing and liquidating assets by asset management and liquidation enterprises;

b) Providing false information in application files for issuance or reissuance of professional certificates for judicial managers; registration of individual business operations for managing and liquidating assets; registration of business operations for managing and liquidating assets by asset management and liquidation enterprises.

2. Additional forms of punishment:

Confiscate evidence as documents or texts that have been erased, altered, or falsified for acts in violation of Point a Clause 1 of this Article.

3. Measures to remedy consequences:

a) Recommend the competent authority to examine and handle the issued documents due to violations as prescribed in Clause 1 of this Article;

b) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Point a Clause 1 of this Article, except where the original has already been confiscated under Clause 2 of this Article.”

57. Amend and supplement Point a Clause 6 Article 79 as follows:

“a) Compel the return of the original document or text that has been erased, altered, or falsified to the authority that issued it for acts in violation of Point a Clause 1 of this Article;”

58. Amend and supplement Article 82 as follows:

“Article 82. Competence to draw up administrative violation records

The following persons performing their duties have the competence to draw up administrative violation records:

1. Persons authorized to impose administrative sanctions as stipulated in Articles 83, 84, 85, 86, 87 and 87a of this Decree.

2. Judicial officers - civil status clerks at commune level shall draw up administrative violation records for violations specified in Clause 1, Point a Clause 2 Article 34; Articles 35, 37, 38, 40, 41, 42, 43, 44, 45 and 48; Point a Clause 1 Article 49; Section 6 Chapter III; Articles 58, 59, 60, 61 and 62 of this Decree.

3. Judicial officers at district-level Justice Departments shall draw up administrative violation records for violations specified in Clause 1 and Point a Clause 2 Article 34; Articles 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 48 and 49; Section 6 Chapter III; Articles 58, 59, 60, 61 and 62 of this Decree.

4. Officers and staff of Provincial Justice Departments shall draw up administrative violation records for violations specified in Chapter II; Sections 1 and 2; Articles 48 and 49; Sections 4, 5 and 6 Chapter III; Chapter IV; Articles 78, 79 and 80 of this Decree.

5. Officers of Civil Execution Agencies shall draw up administrative violation records for violations specified in Chapter V of this Decree.

6. Inspectors of the Ministry of Justice and officers of units under the Ministry of Justice with state management functions over judicial assistance, administrative justice, marriage and family, and civil execution shall draw up administrative violation records for violations specified in Chapters II, III, IV and V; Articles 78, 79 and 80 of this Decree.

7. Judges at all levels shall draw up administrative violation records for violations specified in Articles 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree.

8. Diplomatic officials and consular officials at diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall draw up administrative violation records for violations specified in Clause 1 and Point a Clause 2 Article 34; Articles 35, 36, 37, 38, 40, 41, 42, 43, 44, 45 and 46 of this Decree.

9. Officers and staff of ministries, ministerial-level agencies, and departments managing specialized fields of forensic examination, and organizations conducting such examinations shall draw up administrative violation records for violations specified in Section 4 Chapter II of this Decree.

10. Notary public officers shall draw up administrative violation records for violations specified in Article 12; Clause 1 and Point a Clause 2 Article 34 of this Decree.

11. Staff of Registration Centers for Property Transactions; officers and staff of agencies authorized to register security measures involving land use rights, assets attached to land, aircrafts, and ships shall draw up administrative violation records for violations specified in Section 5 Chapter III of this Decree.

12. Staff of Legal Aid Centers shall draw up administrative violation records for violations specified in Article 51 of this Decree.

13. Staff of Asset Auction Service Centers shall draw up administrative violation records for violations specified in Article 23 of this Decree.

14. Bankruptcy enforcement officers assigned to implement bankruptcy declaration decisions shall draw up administrative violation records for violations specified in Point đ and Point e Clause 1, Point d and Point đ Clause 3 Article 79 of this Decree.

15. Persons appointed to settle compensation claims shall draw up administrative violation records for violations specified in Article 56 of this Decree; persons appointed by the agency directly managing the public servant causing damage or the agency responsible for paying compensation to participate in the Council examining liability for repayment shall draw up administrative violation records for violations specified in Clause 1, Clause 2, Clause 3 and Point a Clause 4 Article 57 of this Decree.

16. Judicial officers engaged in criminal record work at Provincial Justice Departments, and staff of the National Criminal Record Center shall draw up administrative violation records for violations specified in Article 47 of this Decree.

17. People's Police soldiers, People's Police station chiefs, People's Police team leaders, heads of communal police stations, border checkpoint station chiefs, and industrial zone station chiefs shall have the authority to draw up administrative violation records for violations specified in Point a Clause 4, Clause 5a, Points c, d and e Clause 6, Points a, b, d and g Clause 7 Article 6; Point b Clause 3 Article 7; Point g Clause 2 Article 9; Clauses 2 and 3 Article 10; Clause 1, Points a and d Clause 3 Article 12; Point h Clause 4 Article 15; Article 17a; Clauses 2 and 3 Article 19; Point a Clause 2, Points b and c Clause 3, Points a and b Clause 7 Article 22; Points a, b and h Clause 1, Points a and b Clause 3 Article 23; Point a Clause 2, Points c and h Clause 4 Article 32; Clause 1 and Point a Clause 2 Article 34; Clauses 1 and 2 Article 35; Clauses 1 and 3 Article 36; Point b Clause 5 Article 39; Clause 1 and Point b Clause 2 Article 45; Point b Clause 2 Article 46; Clause 2 Article 47; Clause 2 Article 51; Points a and g Clause 2 Article 53; Article 54; Point b Clause 1 Article 56; Clause 1 Article 57; Articles 58, 59, 60, 61 and Point a Clause 1 Article 79 of this Decree.”

59. Amend and supplement Point d Clause 2 Article 83 as follows:

“d) Apply remedial measures prescribed in Points a, e and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, b, đ, l, m, n and r Clause 3 Article 3 of this Decree;”

60. Amend and supplement Article 84 as follows:

a) Amend and supplement Point đ Clause 6 as follows:

“đ) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, b, d, e, g, h, i, k, n, q and r Clause 3 Article 3 of this Decree;”

b) Amend and supplement point đ clause 7 as follows:

“đ) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, b, c, đ, l, m, n, q and r Clause 3 Article 3 of this Decree;”

c) Amend and supplement Point d Clause 9 as follows:

“d) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, c, n and r Clause 3 Article 3 of this Decree;”

d) Amend and supplement Point d Clause 11 as follows:

“d) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, c, n and r Clause 3 Article 3 of this Decree;”

đ) Supplement Clause 12 after Clause 11 as follows:

"12. The Director of the Legal Aid Department and the Inspector General of the Ministry of Justice have the authority to impose administrative penalties on acts violating administrative regulations concerning anti-money laundering, terrorist financing, and financing of the proliferation of weapons of mass destruction in the field of legal assistance as stipulated in Article 17a of this Decree, in accordance with the authority prescribed by the Law on Handling Administrative Violations."

61. Amend and supplement Article 85 as follows:

a) Amend and supplement Point d Clause 3 as follows:

“d) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, c, n and r Clause 3 Article 3 of this Decree;”

b) Amend and supplement Point d Clause 4 as follows:

“d) Apply remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Points a, c, n and r Clause 3 Article 3 of this Decree;”

62. Amend and supplement Clause 3 of Article 86 as follows:

“3. Apply the measures to remedy consequences specified in Points a and i Clause 1 of Article 28 of the Law on Handling Administrative Violations; Points a, b, c, đ, l, and r Clause 3 of this Decree.”

63. Add Article 87a after Article 87 as follows:

“Article 87a. The Administrative Penalty Authority of the People's Public Security

1. The Head of the Public Security Office at the district level; the Heads of specialized departments under the Political Security Investigation Bureau; the Heads of specialized departments under the Public Order Administration Management Police Bureau; the Heads of specialized departments under the Cybersecurity and Counter-Terrorism Bureau; the Heads of departments under the Provincial Public Security Office including the Heads of the Political Security Investigation Departments; the Heads of Economic Security Departments; the Heads of Social Order Crime Investigation Departments; the Heads of Corruption, Economy, Smuggling, and Environmental Crime Investigation Departments; the Heads of Public Order Administration Management Departments; the Heads of Cybersecurity and Counter-Terrorism Departments have the authority:

a) To issue warnings;

b) To impose fines up to VND 6,000,000 for violations of administrative regulations in the field of administrative justice; up to VND 8,000,000 for violations of administrative regulations in the field of corporate bankruptcy and cooperative dissolution; up to VND 10,000,000 for violations of administrative regulations in the field of legal assistance;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

đ) To apply the measures to remedy consequences specified in Points a, d, đ, l, q, and r Clause 3 of Article 3 of this Decree.

2. The Director of the Provincial Public Security Force has the authority:

a) To issue warnings;

b) To impose fines up to VND 15,000,000 for violations of administrative regulations in the field of administrative justice; up to VND 20,000,000 for violations of administrative regulations in the field of corporate bankruptcy and cooperative dissolution; up to VND 25,000,000 for violations of administrative regulations in the field of legal assistance;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply the measures to remedy consequences specified in Point i Clause 1 of Article 28 of the Law on Handling Administrative Violations; Points a, d, đ, e, g, h, l, m, q, and r Clause 3 of Article 3 of this Decree.

3. The Directors of the Political Security Investigation Bureau; the Directors of the Economic Security Bureau; the Directors of the Social Order Crime Investigation Bureau; the Directors of the Corruption, Economy, Smuggling, and Environmental Crime Investigation Bureau; the Directors of the Public Order Administration Management Bureau; the Directors of the Cybersecurity and Counter-Terrorism Bureau have the authority:

a) To issue warnings;

b) To impose fines up to VND 30,000,000 for violations of administrative regulations in the field of administrative justice; up to VND 40,000,000 for violations of administrative regulations in the field of corporate bankruptcy and cooperative dissolution; up to VND 50,000,000 for violations of administrative regulations in the field of legal assistance;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply the measures to remedy consequences specified in Points a, c, d, đ, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations; Points a, b, d, e, g, h, l, m, q, and r Clause 3 of Article 3 of this Decree.”

64. Amend and supplement Article 88 as follows:

“Article 88. Allocation of Administrative Penalty Authority

1. The Administrative Penalty Authority of the Chairpersons of People's Committees at all levels:

a) The Chairperson of the People's Committee at the commune level shall impose penalties on violations of administrative regulations stipulated in Clause 1 of Article 48; Clause 1 of Article 58; Clause 1 of Article 61; Points b and c Clause 1 of Article 62 of this Decree;

b) The Chairperson of the People's Committee at the district level shall impose penalties on violations of administrative regulations stipulated in Clause 1 and Point a Clause 2 of Article 34; Articles 35, 36, and 37; Clause 1 and Clause 2 of Article 38; Article 40; Clause 1 and Clause 2 of Article 41; Article 42 and Article 43; Clause 1 and Clause 2 of Article 44; Clauses 1, 2, and 3 of Article 45; Article 48 and Article 49; Clauses 1, 2, and 3 of Article 56; Clause 1 and Clause 2 of Article 57; Article 58; Clause 1 of Article 59; Articles 60, 61, and 62 of this Decree;

c) The Chairperson of the People's Committee at the provincial level shall impose penalties on violations of administrative regulations stipulated in Chapter II; Chapter III; Chapter IV; Articles 78, 79, and 80 of this Decree.

2. The Administrative Penalty Authority of the inspection bodies:

a) The Heads of specialized inspection teams, the Inspectors General of the Legal Aid Department, the Inspectors General of the Department of Justice at the provincial level shall impose penalties on violations of administrative regulations stipulated in Article 5; Clauses 1, 2, 3, 4, and 5 of Article 6; Articles 7, 8, 9, 10, and 11; Clause 1 and Clause 2 of Article 12; Article 13 and Article 14; Clauses 1, 2, 3, 4, 5, and 7 of Article 15; Article 16; Articles 17, 18, 19, 20, and 21; Clauses 1, 2, 3, 4, 5, and 7 of Article 22; Clause 1 and Clause 2 of Article 23; Articles 24, 25, and 26; Clause 1 of Article 27; Article 28 and Article 29; Clause 1 of Article 30, Article 31; Clauses 1, 2, 3, 4, 5, and 7 of Article 32; Article 33; Section 1 Chapter III; Article 37; Clause 1 and Clause 2 of Article 38; Articles 39 and 40; Clause 1 and Clause 2 of Article 41; Article 42; Article 43; Clause 1 and Clause 2 of Article 44; Clauses 1, 2, and 3 of Article 45; Clause 1 and Clause 2 of Article 46; Articles 47, 48, and 49; Sections 4 and 5 Chapter III; Clauses 1, 2, and 3 of Article 56; Clause 1 and Clause 2 of Article 57; Article 58; Clause 1 of Article 59; Articles 60, 61, and 62; Articles 65 and 78; Clauses 1, 2, and 3 of Article 79; Article 80 of this Decree;

b) The Heads of specialized inspection teams of the Ministry of Justice shall impose penalties on violations of administrative regulations stipulated in Article 5; Clauses 1, 2, 3, 4, 5, and 6 of Article 6; Articles 7, 8, 9, 10, 11, 12, 13, 14, and 15; Articles 16 and 17; Section 4 Chapter II; Articles 21 and 22; Clauses 1, 2, and 3 of Article 23; Article 24; Section 6 and Section 7 Chapter II; Articles 31, 32, and 33; Section 1 and Section 2 Chapter III; Articles 48 and 49; Clauses 1, 2, 3, and 4 of Article 50; Section 4 and Section 5 Chapter III; Clauses 1, 2, and 3 of Article 56; Clauses 1, 2, and 3 of Article 57; Articles 58, 59, 60, 61, and 62; Clauses 1, 2, 3, 4, and 6 of Article 63; Clauses 1, 2, 3, 4, and 5 of Article 64; Articles 65 and 78; Clauses 1, 2, and 3 of Article 79; Article 80 of this Decree.

c) The Head of the Ministry of Justice Inspectorate shall impose administrative penalties on violations prescribed in Chapters II, III, IV, and V; Articles 78, 79, and 80 of this Decree;

d) The Director of the Judicial Support Department shall impose administrative penalties on violations prescribed in Chapter II; Section 6 Chapter III; Articles 65, 78, 79, and 80 of this Decree;

đ) The Director of the Civil Status, Nationality, and Authentication Department shall impose administrative penalties on violations prescribed in Section 1 Chapter III; Articles 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46; Section 6 Chapter III; Articles 58, 59, 60, 61, and 62 of this Decree;

e) The positions prescribed in Clause 2 and Clause 4 Article 46 of the Law on Handling Administrative Violations shall impose administrative penalties on violations prescribed in Articles 56 and 57 of this Decree.

3. Competence to impose administrative penalties of the civil enforcement agencies:

a) The Director of the Civil Enforcement Office shall impose administrative penalties on violations prescribed in Clause 1 Article 64; Clause 1 Article 65 of this Decree;

b) The Director of the Civil Enforcement Department, the Head of the Civil Enforcement Division under the Military Zone shall impose administrative penalties on violations prescribed in Clauses 1, 2, and 3 Article 56; Clauses 1, 2, and 3 Article 57; Clauses 1, 2, 3, 4, and 5 Article 64; Clauses 1, 2, and 3, Point a and Point b Clause 4 Article 65 of this Decree;

c) The Director of the General Department of Civil Enforcement shall impose administrative penalties on violations prescribed in Section 6 Chapter III; Article 64; Clauses 1, 2, 3, Point a and Point b Clause 4 Article 65 of this Decree.

4. The head of diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the authority to impose administrative penalties on violations prescribed in Clause 1 and Point a Clause 2 Article 34; Articles 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, and 46 of this Decree.

5. Competence to impose administrative penalties of the courts at all levels:

a) The judge assigned to handle bankruptcy cases shall impose administrative penalties on violations prescribed in Articles 66, 67, 69, and 71; Clause 1 Article 73; Articles 75, 76, and 77 of this Decree;

b) The President of the People's Court at the district level shall impose administrative penalties on violations prescribed in Articles 66, 67, 69, and 71; Clause 1 Article 73; Clause 1 Article 75; Articles 76 and 77 of this Decree;

c) The President of the People's Court at the provincial level shall impose administrative penalties on violations prescribed in Articles 56, 57, 66, 67, 69, 71, 72, 73, 75, 76, and 77 of this Decree.

6. Competence to impose administrative penalties of the People's Public Security:

a) The Head of the Public Security Office at the county level; the Heads of functional departments under the Political Security Bureau; the Heads of functional departments under the Public Order Management Police Bureau; the Heads of functional departments under the Cybersecurity and High-Tech Crime Prevention Bureau; the Heads of functional departments under the Provincial Public Security Office including the Head of the Political Security Department; the Head of the Economic Security Department; the Head of the Social Order Investigation Police Department; the Head of the Corruption, Economy, and Smuggling Investigation Police Department; the Head of the Public Order Management Police Department; the Head of the Cybersecurity and High-Tech Crime Prevention Department shall impose administrative penalties on violations prescribed in Point g Clause 2 Article 9; Clauses 2 and 3 Article 10; Clause 1 Article 12; Clause 2 Article 19; Point a Clause 2 Article 32; Clause 1 and Point a Clause 2 Article 34; Clause 1 Article 35; Clause 1 Article 36; Clause 1 and Point b Clause 2 Article 45; Point b Clause 2 Article 46; Clause 2 Article 51; Point a Clause 2 Article 53; Article 54; Point b Clause 1 Article 56; Clause 1 Article 57; Article 58; Clause 1 Article 59; Clause 1 Article 61 and Point a Clause 1 Article 79 of this Decree;

b) The Director of the Provincial Public Security Office shall impose administrative penalties on violations prescribed in Point a Clause 4 Article 6; Point g Clause 2 Article 9; Clauses 2 and 3 Article 10; Clause 1 Article 12; Point h Clause 4 Article 15; Clauses 2 and 3 Article 19; Point a Clause 2, Points b and c Clause 3, Points a and b Clause 7 Article 22; Points a, b, and h Clause 1 Article 23; Point a Clause 2, Points c and h Clause 4 Article 32; Clause 1 and Point a Clause 2 Article 34; Clauses 1 and 2 Article 35; Clauses 1 and 3 Article 36; Clause 1 and Point b Clause 2 Article 45; Point b Clause 2 Article 46; Clause 2 Article 47; Points a and g Clause 2 Article 53; Article 54; Point b Clause 1 Article 56; Clause 1 Article 57; Article 58; Clause 1 Article 59; Article 60; Article 61 and Point a Clause 1 Article 79 of this Decree;

c) The Directors of the Political Security Bureau; the Economic Security Bureau; the Social Order Investigation Police Bureau; the Corruption, Economy, and Smuggling Investigation Police Bureau; the Public Order Management Police Bureau; the Cybersecurity and High-Tech Crime Prevention Bureau shall impose administrative penalties on violations prescribed in Point a Clause 4, Clause 5a, Points c, d, and e Clause 6, Points a, b, d, and g Clause 7 Article 6; Point b Clause 3 Article 7; Point g Clause 2 Article 9; Clauses 2 and 3 Article 10; Clause 1, Points a and d Clause 3 Article 12; Point h Clause 4 Article 15; Article 17a; Clauses 2 and 3 Article 19; Point a Clause 2, Points b and c Clause 3, Points a and b Clause 7 Article 22; Points a, b, and h Clause 1, Points a and b Clause 3 Article 23; Point a Clause 2, Points c and h Clause 4 Article 32; Clause 1 and Point a Clause 2 Article 34; Clauses 1 and 2 Article 35; Clauses 1 and 3 Article 36; Point b Clause 5 Article 39; Clause 1 and Point b Clause 2 Article 45; Point b Clause 2 Article 46; Clause 2 Article 47; Points a and g Clause 2 Article 53; Article 54; Point b Clause 1 Article 56; Clause 1 Article 57; Articles 58, 59, 60, 61 and Point a Clause 1 Article 79 of this Decree.”

Article 2. Supplement, replace, and abolish certain words, phrases, points, clauses, and articles of Decree No. 82/2020/NĐ-CP dated July 15, 2020, of the Government on administrative penalties for violations in the fields of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperatives.

1. Supplement, replace, and abolish certain phrases in Decree No. 82/2020/NĐ-CP as follows:

a) Add the word "compel" before the phrase "cancel" at point e, clause 3, Article 3;

b) Add the word "compel" before the phrase "notify" at point k, clause 3, Article 3, and point c, clause 9, Article 32;

c) Add the phrase "and clause 3" after the phrase "at clause 1" at clause 4, Article 36;

d) Add the phrase "twice the amount" before the phrase "amount of fine" at point c, clause 1, Article 83; point c, clause 1, point c, clause 2, point d, clause 4, point d, clause 5, point c, clause 9, point c, clause 10, Article 84; point c, clause 2, point c, clause 3, Article 85; point c, clause 1, point c, clause 2, Article 87;

e) Add the phrase ", Inspector-in-Chief of the Provincial Inspectorate" after the phrase "Head of the specialized inspection team of the Ministry of Justice" at clause 5, Article 84, and point b, clause 2, Article 88;

f) Add the phrase "Inspector-in-Chief of the Judicial Assistance Bureau" before the phrase "Inspector-in-Chief of the Department of Justice" at clause 4, Article 84;

g) Add the phrase ", Director of the Civil Enforcement Bureau under the Ministry of National Defense" after the phrase "Director of the Civil Enforcement General Department" at clause 4, Article 85;

h) Replace the phrase "cancel the result" with the phrase "compel to cancel the result" at point a, clause 9, Article 22; point a, clause 5, Article 23; and point a, clause 7, Article 24;

i) Replace the phrase "certificate" with the phrase "registration certification document for security measures, notification of secured asset handling" at clause 1 and clause 3, Article 54;

j) Abolish the phrases "all", "and b" at point c, clause 6, Article 39;

k) Abolish the phrase "with a value not exceeding the amount of fine prescribed in this point" at point c, clause 2, Article 83. at point c, clause 2, Article 83.

2. Abolish point b, clause 7, Article 7; point b, clause 5, Article 9; point c, clause 8, Article 22; point b, clause 6, Article 15; point c, clause 6, Article 24; point b, clause 4, Article 26; point b, clause 4, Article 29; point d, clause 8, Article 32; point c, clause 5, Article 79; clause 2, Article 84; Chapter VII.

This Circular takes effect from December 25, 2025/.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, and related agencies shall be responsible for organizing the implementation of this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from November 15, 2024.

2. In cases where lawyers commit violations as stipulated in clause 5a, Article 6 of Decree No. 82/2020/NĐ-CP against persons with authority or other individuals performing tasks upon request of the Court, they shall be subject to administrative penalties as provided for in clause 3, Article 15 and clause 3, Article 21 of Resolution No. 02/2022/UBTVQH15 dated August 18, 2022 of the Standing Committee of the National Assembly on administrative penalties for acts obstructing litigation proceedings.

3. Transitional Provisions

a) For violations that occurred and were concluded before the effective date of this Decree but were discovered or are being considered for penalty decisions when this Decree becomes effective, this Decree shall apply if it does not provide for legal liability or provides for lighter legal liability;

b) For administrative penalty decisions in the fields of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperatives that have been issued or fully executed before the effective date of this Decree, if the individual or organization subject to administrative penalties still lodges complaints, the provisions of Decree No. 82/2020/NĐ-CP dated July 15, 2020 of the Government on administrative penalties for violations in the fields of judicial assistance; administrative justice; marriage and family; civil enforcement; bankruptcy of enterprises and cooperatives shall be applied to resolve such cases.