Consolidated Document number 462/VBHN-BTP stipulates administrative penalties for violations in the fields of judicial assistance, administrative justice, marriage and family, civil enforcement, business bankruptcy, and cooperative dissolution.

MINISTRY OF JUSTICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
NUMBER: 462/VBHN-BTP	Hanoi, February 22, 2016

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES IN THE FIELD OF LEGAL ASSISTANCE, ADMINISTRATIVE JUSTICE, MATRIMONY AND FAMILY, CIVIL ENFORCEMENT, BANKRUPTCY OF ENTERPRISES, AND COOPERATIVE SOCIETIES

Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government on administrative penalties in the field of legal assistance, administrative justice, matrimony and family, civil enforcement, bankruptcy of enterprises, and cooperative societies took effect from November 11, 2013, amended and supplemented by:

Decree No. 67/2015/ND-CP dated August 14, 2015 of the Government amending and supplementing certain articles of Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government on administrative penalties in the field of legal assistance, administrative justice, matrimony and family, civil enforcement, bankruptcy of enterprises, and cooperative societies, which took effect from October 1, 2015.

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

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

Based on the Civil Code dated June 14, 2005;

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

Pursuant to the Bankruptcy Law dated June 15, 2004;

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

Pursuant to the Notarization Law dated November 29, 2006;

Pursuant to the Vietnamese Nationality Law dated November 13, 2008;

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

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

Pursuant to the Adoption Law dated June 17, 2010;

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

Pursuant to the Forensic Appraisal Law dated June 20, 2012;

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

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

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

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

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

BASED ON Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auctioning 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/ND-CP dated March 28, 2013 of the Government detailing implementation of certain provisions of the Matrimony and Family Law regarding marital and family relations involving foreign elements;

At the proposal of the Minister of Justice,

The Government promulgates this Decree on administrative penalties in the field of legal assistance, administrative justice, matrimony and family, civil enforcement, bankruptcy of enterprises, and cooperative societies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations; forms, levels of penalties, and measures to remedy consequences for each act of administrative violation; authority to prepare records, authority to impose penalties, specific fine amounts according to each position for acts of administrative violations in the following fields:

a) Legal assistance, including: lawyers, legal consultation, notarization, forensic appraisal, auction of assets, commercial arbitration;

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

c) Matrimony and family;

d) Civil enforcement;

đ) Bankruptcy of enterprises and cooperative societies.

2. Acts of administrative violations in other state management fields related to the fields 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 fields if they are not regulated in this Decree.

Article 2. Persons subject to penalty

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

2. Organizations subject to penalties under this Decree include:

a)2 Organizations practicing notarization; social-professional organizations of notaries; social-professional organizations of lawyers; organizations practicing law; foreign law firms operating in Vietnam; legal consultation centers; forensic appraisal offices; professional auction organizations; arbitration centers, foreign arbitration organizations operating in Vietnam; enterprises managing and liquidating assets;

b) Centers for consulting and supporting foreign-related matrimony and family; foreign adoption offices; organizations participating in legal aid;

c)3 Enterprises and cooperative societies conducting bankruptcy procedures; banks where enterprises and cooperative societies have accounts;

d)4 State agencies and organizations implementing international cooperation on law with government agencies, intergovernmental international organizations, and non-governmental organizations from abroad;

đ) State agencies committing violations that fall outside their assigned state management tasks;

e) Other organizations that are not state agencies violating administrative regulations in the fields 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 provides 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 the recovery of payments or offsets made in contravention of the law;

d) Compelling the recovery of assets that were improperly transferred or sold in contravention of the law.

2. For remedial measures prescribed in Point a and Point b Clause 1

Where the person authorized to impose penalties does not have the authority to revoke, they shall recommend that the person or agency with such authority revoke it.

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 apply to administrative violations committed by individuals, except for the provisions set out in Clause 2 of this Article; in cases where an organization commits an administrative violation similar to that of an individual, the fine amount shall be twice the fine amount imposed on an individual.

2.5 The amounts of fines stipulated in Articles 7, 8, 9, 15, 15a, 18, 21, 22, 29, 44, 51, 58, 59, 60, 62, 63, and 64c of this Decree shall apply to organizations.

Chapter II

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

Section 1. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE ACTIVITY OF LAWYERS

Article 5. Violations concerning the application forms for obtaining lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam; application forms for obtaining activity registration certificates of law firms, branches of law firms; application forms for obtaining 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 contents of documents issued by competent authorities in the application forms for obtaining lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam;

b) Altering, erasing, or distorting the contents of documents issued by competent authorities in the application forms for obtaining 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 from VND 3,000,000 to VND 7,000,000 for any of the following acts:

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

b) Using fake documents in the application forms for obtaining activity registration certificates, changes to activity registration contents 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. 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 forms for obtaining lawyer practice certificates, lawyer registration certificates, lawyer practice licenses in Vietnam;

b) Creating fake documents in the application forms for obtaining activity registration certificates, changes to activity registration contents 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:

Revocation of fake documents for violations specified in Clauses 2 and 3 of this Article.

Article 6. Acts violating 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) A lawyer practicing individually does not register for practice with the competent authority when transferring to another Bar Association.

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

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

b) Establishing or participating in establishing two or more law practice organizations.

3. 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 lawyer's practice certificate, registration certificate for lawyer's practice, lawyer's practice permit in Vietnam, certificate of participation in proceedings, defense counsel certificate.

b) A lawyer practicing individually does not register for practice 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 permit has expired.

d) Allowing others to use the lawyer's practice certificate, registration certificate for lawyer's practice, or lawyer's practice permit in Vietnam to practice as a lawyer.

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

a) Practicing as a lawyer without being issued a registration certificate for lawyer's practice; without

being issued a lawyer's practice permit in Vietnam;

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

c) Using another person's lawyer's practice certificate, registration certificate for lawyer's practice, or using another person's lawyer's practice permit in Vietnam to practice as a lawyer;

d) Using fake lawyer's practice certificate, registration certificate for lawyer's practice, lawyer's practice permit in Vietnam, certificate of participation in proceedings, defense counsel certificate.

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

a) Fabricating lawyer's practice certificate, registration certificate for lawyer's practice, lawyer's practice permit in Vietnam, certificate of participation in proceedings, defense counsel certificate;

b) Impersonating a lawyer to practice under any form;

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

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

đ) Practicing as a lawyer without a lawyer's practice certificate or not joining a Bar Association;

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

6. Revoking the right to use the lawyer's practice certificate, registration certificate for lawyer's practice, or lawyer's practice permit in Vietnam for six months to twelve months for one of the following acts:

a) Providing legal services without 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 opposing interests in the same matter;

c) Intentionally providing false or inaccurate evidence;

d) Inciting clients to give false statements or inciting clients to make illegal complaints or accusations;

đ) Disclosing information about cases, clients while practicing, unless consented to in writing by the client or otherwise provided by law;

e) Connecting, relating to those conducting proceedings, participants in proceedings, other officials or civil servants to violate 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 practice permit in Vietnam for one to three months for the act prescribed in Clause 2, Point d Clause 3 of this Article.

8. Measures to remedy consequences:

a) Destroying fake documents for the act prescribed in Point d Clause 4, Point a Clause 5 of this Article;

b) Compelling the return of unlawful profits obtained from implementing the acts prescribed in Clause 4, Points a, b, d, đ and e Clause 5, Point a and Point b Clause 6 of this Article.

Article 7. Acts violating regulations on the operation of law firms and foreign law firms operating in Vietnam

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

a) Not notifying in writing or not notifying within the prescribed time limit to the competent authority about establishing a practice base abroad or ceasing operations of a practice base abroad;

b) Not notifying in writing or not notifying within the prescribed time limit to the competent authority about registering activities, changing registered activity contents, temporarily suspending activities, voluntarily ceasing activities, merging, consolidating, or changing organizational forms of practice;

c) Not notifying in writing or not notifying within the prescribed time limit to the competent authority about temporarily suspending, resuming, or voluntarily ceasing activities of branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam;

d) Not notifying in writing or not notifying within the prescribed time limit to the competent authority about hiring foreign lawyers;

đ) Not reporting or not reporting within the prescribed time limit on the situation of organizing and operating to the competent authority;

e) Not publishing or not publishing according to the prescribed content, time, number of times, and form regarding the registration of activities and changes in the activities of law firms;

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

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

b) Assigning one lawyer to guide more than three (3) trainees practicing law at the same time;

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

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

3. 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 law firms, foreign law companies, or branches of foreign law companies in Vietnam;

b) Altering, erasing, or distorting the content of the registration of activities of law firms, branches of law firms, branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam;

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

d) Operating outside the scope of practice recorded in the registration of activities of law firms, branch establishment permits of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam, or operating outside the registered office;

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

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

g) Foreign law firms operating in Vietnam conducting activities when they do not ensure the presence and practice of at least two (2) foreign lawyers in Vietnam for 183 days or more during a continuous period of twelve months, including the Branch Manager and the Director of foreign law companies;

h) Allowing other organizations to use their registration of activities, establishment permits, or branch registration of activities of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam to conduct legal services;

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

a) Using fake registration of activities of law firms or branches of law firms; fake establishment permits of branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam;

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

c) Using another organization's registration of activities to conduct legal services; using another organization's establishment permit of branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam to conduct legal services;

d) Providing legal services at the transaction office of a law firm;

đ) Changing the content of the activities of law firms without being reissued a registration of activities; changing the content of the activities of branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam without obtaining approval from the competent state agency;

e) Branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam violating the scope of practice stipulated in Article 70 of the Lawyers Law;

g) Conducting activities without being issued a registration of activities;

5. Imposing a fine from VND 20,000,000 to VND 30,000,000 for the act of forging the registration of activities of law firms or branches of law firms; establishment permits of branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam;

6. Imposing a fine from VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Not registering with the competent authority about the activities of law firms, branches of law firms, branches of foreign law firms, foreign law companies, or branches of foreign law companies in Vietnam;

b) Conducting activities under the name of a law firm without being a law firm;

7. Additional forms of administrative sanction:

Revoking the right to use the registration of activities, establishment permits for one to three months for the acts specified in points c, d, and h Clause 3, point d Clause 4, point a Clause 6 of this Article;

8. Measures to remedy consequences:

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

b) Compelling the return of illegal profits obtained from implementing the acts specified in points a, b, c, and g Clause 4, Clause 5, point b Clause 6 of this Article.

Article 8. Violations by lawyer social-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 the lawyers' congress or the results of the lawyers' congress.

b) Failing to report or reporting untimely to the state competent authority on the situation regarding organization and operation of the lawyer social-professional organization.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on the act of not assigning a practicing lawyer organization to dispatch lawyers and not directly dispatching lawyers to practice individually as required by the prosecution agency.

Section 2. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN LEGAL ADVICE ACTIVITIES

Article 9. Violations concerning legal advice centers

1. A warning or a fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on 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 upon request; 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 registration content or ceasing operations of the legal advice center; changing the director of the center, branch manager, legal advisor, lawyer; opening or ceasing operations of branches 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 business registration certificate.

b) Assigning persons who are not legal advisors, legal advisory collaborators of the legal advice center, or individual practicing lawyers to work under labor contracts for the center to provide legal advice.

c) Dispatching persons who are not legal advisors, legal advisory collaborators of the legal advice center, or individual practicing lawyers working under labor contracts for the center to participate in litigation to defend, represent, and protect the legitimate rights and interests of agencies, organizations, and individuals requesting legal advice.

d) Altering, erasing, or distorting the content of the business registration certificate.

e) Providing legal advice before obtaining a business registration certificate.

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

a) Operating outside the scope of practice recorded in the business registration certificate.

b) Allowing persons who are not legal advisors of the center to provide legal advice under the name of the organization.

c) Failing to register the operations of the legal advice center and its branches with the competent authority.

d) Using a fake business registration certificate.

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

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

7. Additional forms of administrative sanction:

Suspension of the right to use the business registration certificate for from one month to three months for the act stipulated in Point c Clause 3, Point a and Point b Clause 4 of this Article.

8. Measures to remedy consequences:

a) Canceling fake documents for the act stipulated in Point d Clause 4, Clause 5 of this Article.

b) Compelling the return of illegal gains obtained through the implementation of the acts stipulated in Point e Clause 3, Clause 4, Clause 5, Clause 6 of this Article.

Article 10. Acts violating regulations on legal advisory activities

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 dossier for issuance of a legal advisor card.

2. A fine from VND 1,000,000 to VND 3,000,000 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 the legal advisor card;

b) Demanding money or other material benefits beyond the fee 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 VND 7,000,000 to VND 10,000,000 shall be imposed on 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 complaints, accusations, or lawsuits contrary to the law;

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 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 one to three 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 illegal profits obtained through acts stipulated in Points b, c, and đ Clause 3, Point a and Point e Clause 4 of this Article.

Section 3. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN NOTARIAL ACTIVITIES

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

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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, reappointing 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, changing registration contents, and registering practices for notaries of notary offices.

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

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

b) Using fake documents in the dossier for establishing, operation registration, changing registration contents, and registering practices for notaries of notary offices;

c) Certifying incorrect periods of legal work experience, time, and results of notarial practice training for the appointment of notaries.

3. 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, reappointing notaries;

b) Making fake documents in the dossier for establishing, operation registration, changing registration contents, and registering practices for notaries of notary offices.

4. Measures to remedy consequences:

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

b) Compelling the return of illegal profits obtained through acts stipulated in Clause 1, Clause 2, Clause 3 of this Article.

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

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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 witnessing or translating;

b) Illegally altering, erasing documents or using illegally altered, erased documents to obtain notarization of contracts, transactions, or translations.

2. A fine of VND 3,000,000 to VND 7,000,000 for providing false information or materials; using forged documents to obtain notarization of contracts, transactions, or translations.

3. A fine of VND 7,000,000 to VND 10,000,000 for forging documents or impersonating another person to obtain notarization of contracts, transactions; forging documents to obtain notarization of translations.

4. Measures to remedy consequences:

Forfeiture of forged documents for acts stipulated in Clause 2 and Clause 3 of this Article.

Article 13. Acts violating the provisions of notaries regarding the acceptance and safekeeping of wills; notarization of mortgage contracts on immovable property, wills, agreements on division of estates, declarations of inheritance, refusals of inheritance, and translations

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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, and not delivering the receipt to the testator upon accepting the will;

b)9 ((Repealed)

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

a)10 Notarizing a mortgage contract on immovable property contrary to Clause 2 of Article 54 of the Notarization Law;

b)11 Notarizing a will when the testator does not personally request notarization; at the time of notarization, the testator suffers from mental illness or other diseases that prevent them from recognizing their actions or there is evidence suggesting that the will was obtained through deception, threats, or coercion;

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

d) Notarizing a declaration of inheritance when there is no agreement among those entitled to inherit under the law regarding the non-division of the estate;

đ)12 Notarizing an agreement on division of the estate or a declaration of inheritance in cases of statutory inheritance where the party requesting notarization does not have documents proving the relationship between the decedent and the heir or in cases of testamentary inheritance where the party requesting notarization does not have a will;

e) Notarizing an agreement on division of the estate or a declaration of inheritance when the estate consists of land use rights or assets that must be registered according to the law but the party requesting notarization does not have documents proving the land use rights or ownership of the assets left by the decedent;

g) Notarizing an agreement on division of the estate or a declaration of inheritance without clearly identifying the decedent as the rightful owner of the land use rights or assets and the parties requesting notarization as the rightful heirs or there is evidence suggesting that the leaving of the estate and the inheritance thereof is not in accordance with the law;

h)13 ((Repealed)

i)14 Notarizing a refusal of inheritance when it is known that the heir is refusing to avoid fulfilling financial obligations towards others; notarizing a refusal of inheritance beyond six months from the date of opening the inheritance;

k)15 Notarizing a translation when the document or text requested to be translated has been erased, altered, added to, or subtracted from, or is damaged and deteriorated to the point that its content cannot be clearly determined.

3.16 A fine of VND 10,000,000 to VND 20,000,000 for notarizing a translation knowing or having to know that the original document was issued without authority or is invalid; the original document is forged; the document or text requested to be translated contains state secrets; the document or text is prohibited from being disseminated according to the law.

Article 14. Acts violating the provisions on notarization activities

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

a)17 Notarizing outside the office of the notary organization without complying with the provisions of Article 44 of the Notarization Law;

b) Notarizing beyond the prescribed time limit;

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

d) Harassing or causing difficulties for those requesting notarization;

đ)18 Refusing to notarize requests without legitimate reasons;

e)19 Not wearing the Notary Public Card when meeting those requesting notarization or authentication;

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

a)20 Disclosing information about the content of notarization without the written consent of the person requesting notarization, except where otherwise provided by law;

b)21 Notarizing contracts or transactions that lack the signature of the notary public, the signature or thumbprint of the person requesting notarization on each page of the contract or transaction; notarizing translations that lack the signature of the notary public, the signature or thumbprint of the translator on each page of the translation;

c) Accepting or demanding any amount of money or other material benefits from those requesting notarization, except for fees stipulated by law, notary remuneration already determined, and other agreed-upon costs;

d)22 Not witnessing the signing or thumbprinting by the person requesting notarization, witnesses, or interpreters on contracts or transactions, except where provided by law;

đ)23 The statement of the notary public in the notarial document does not fully comply with the provisions of Articles 46 and 61 of the Notarization Law;

e)24 Not explaining to the person requesting notarization their rights, obligations, and lawful interests, the significance, and legal consequences of notarization;

g)25 Simultaneously practicing at two or more notary organizations or concurrently performing regular work;

h)26 Participating in managing businesses outside the notary organization; engaging in brokerage or agency activities; participating in profit-sharing in contracts or transactions they have notarized;

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

a)27 Notarizing real estate contracts or transactions outside the province or centrally-administered city where the notary organization is located, except for notarizing wills, documents refusing inheritance of real estate, and power of attorney related to exercising rights over real estate;

b)28 Notarizing contracts, transactions, or translations related to assets or interests of themselves or close relatives such as spouse, parents, adoptive parents, children, adopted children, daughters-in-law, sons-in-law, grandparents, siblings, or grandchildren;

c) Allowing others to use their notary public card to practice notarization;

d)29 Notarizing amendments, supplements, or cancellations of previously notarized contracts or transactions without written agreement or commitment from all parties involved; not conducting such notarizations at the notary organization that originally notarized the contract or transaction, except where otherwise provided by law;

đ) Notarizing contracts or transactions when there is no basis to determine ownership or usage rights to the property involved in the transaction;

e)30 Notarizing contracts, transactions, or translations whose purpose and content violate laws or social morals; inciting or facilitating participants in contracts or transactions to engage in fraudulent transactions or deceptive acts;

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

h)31 Receiving or demanding money or other benefits from third parties to perform or refrain from performing notarization, thereby harming the person requesting notarization and related individuals or organizations;

i)32 Coercing others to use their services; colluding or conspiring with the person requesting notarization and related parties to distort the content of notarial documents or notarization records;

k)33 Applying pressure, threatening, or committing illegal acts or acts contrary to social morals to gain advantages for themselves or their organization in notarization activities;

l)34 Using information about notarized content to infringe upon the rights and lawful interests of individuals or organizations;

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

a) Using a fake notary public card;

b) Using another person's notary public card to practice notarization;

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

a) Creating a fake notary public card;

b)35 Engaging in notarization activities under any form without meeting the conditions required for notarization practice;

6. Revoking the right to use the notary public card for twelve months for the act of notarizing contracts or transactions before fully identifying all parties involved;

7. Additional forms of administrative sanction:

a)36 Revoking the right to use the Notary Public Card for one to three months for the acts specified in Point c, g, h Clause 2 of this Article;

b)37 Revoking the right to use the Notary Public Card for six to twelve months for the acts specified in Clause 3 of this Article;

8. Measures to remedy consequences:

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

b)38 Ordering the return of unlawful profits obtained through the acts specified in Point c, g, h Clause 2, Point h Clause 3, Clause 4, Point b and Point c Clause 5 of this Article.

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

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

a)39 Failing to display the working schedule, notarization procedures, rules for receiving persons requesting notarization, notarization fees, notary compensation, and other cost calculation principles at the office of the notary practice organization;

b) Not publishing in newspapers or failing to publish the required content, within the prescribed time and number of times, regarding registration of activities;

c)40 Failing to establish, manage, and use various types of ledgers and forms as prescribed by laws on notarization.

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

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

b) Not having a signboard or using a signboard that does not conform to the prescribed model;

c) Operating outside the scope of registered activities;

d)41 Collecting notary compensation higher than the maximum compensation level set by the provincial People's Committee and the compensation level displayed; collecting costs higher than those agreed upon;

đ)42 Failing to comply with work schedules and hours as stipulated for administrative agencies;

e)43 Failing to display the acceptance of notarization for agreements on property division and declarations of inheritance in accordance with the prescribed time, location, and content;

g)44 Failing to provide information about the origin of assets, transaction status of assets, and other information about measures applied to assets related to contracts and transactions notarized by notaries of their organization, as required by the Notarization Law, to the notarization database;

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

a)45 Altering, erasing, or distorting the content of the decision allowing establishment of a notary office or the registration certificate of the notary office;

b)46 Failing to purchase professional liability insurance for notaries of their organization;

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

a) Failing to register operations or registering beyond the prescribed deadline with competent state authorities;

b)47 ((Repealed)

c)48 Establishing branches, representative offices, facilities, or other transaction locations outside the main office of the notary practice organization; conducting production, business, and service activities outside the scope of registered operations;

d)49 Failing to agree on transferring wills to another notary practice organization before ceasing operations, converting, transferring, or dissolving; failing to return wills and storage fees when there is no agreement or when an agreement cannot be reached with the testator;

đ)50 Using false decisions allowing establishment of a notary office or false registration certificates of the notary office;

e)51 Failing to register notaries of their organization for practice;

g)52 Advertising on mass media about notaries and their organization;

h)53 Failing to display the acceptance of notarization for agreements on property division and declarations of inheritance before conducting notarization;

i)54 Failing to register changes in the name of the notary office, the name of the head of the notary office, the address of the main office, the list of named notaries, and the list of notaries working under contract in the notary office.

5.55 A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of forging the decision allowing establishment of a notary office or the registration certificate of the notary office.

6.56 A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on organizations that engage in notarization without meeting the conditions for notary practice in any form.

7. Measures to remedy consequences:

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

b)57 Ordering the return of illegal profits obtained from implementing the acts specified in Point d Clause 2, Point c and Point đ Clause 4, Clause 5, Clause 6 of this Article.

Article 15a. Violations by the Notary Association

58

A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for the act of the Vietnam Notary Association not reporting to the Ministry of Justice on the draft program for the congress term, personnel plan, and congress results; failing to implement regular reporting systems or other reports as required by the Ministry of Justice.

Section 4. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN LEGAL APPRAISAL ACTIVITIES

Article 16. Violations concerning persons requesting legal appraisal

1. Warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed for the act of altering, erasing, or distorting the content of documents attached to the request for legal appraisal.

2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for the intentional provision of incomplete or inaccurate information or documents related to the object of legal appraisal as requested by individuals or organizations conducting the appraisal.

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 legal appraisal;

b) Inciting or compelling a legal appraiser to issue a false legal appraisal conclusion.

Article 17. Violations concerning legal appraisers; application for establishment permits; registration files for legal appraisal offices

1. Warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed for the act of altering, erasing, or distorting the content of documents issued by competent authorities in the application for establishment permits or registration files for legal appraisal offices.

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 appraisal within the required time without a valid reason;

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

c) Conducting the appraisal without meeting the necessary conditions for the appraisal.

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

a) Swapping or engaging in acts that distort the object of legal appraisal;

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

c) Disclosing the results of the appraisal to others without the consent of the person requesting or requiring the appraisal in writing;

d) Failing to establish and retain appraisal files;

đ) Failing to conduct the appraisal according to the content of the appraisal request;

e) Failing to comply with the appraisal procedures and professional standards during the appraisal process;

g) Altering, erasing, or distorting the content of the appraisal document;

h) Using fake documents in the application for appointment as an appraiser;

i) Using fake documents in the application for establishment permits or registration files for legal appraisal offices.

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

a) Exploiting the appraisal for personal gain;

b) Disclosing investigative secrets known while participating in criminal proceedings as a legal appraiser; disclosing confidential information known during the appraisal of other cases;

c) Refusing to issue an appraisal conclusion without a valid reason;

d) Intentionally issuing a false appraisal conclusion;

đ) Creating fake documents in the application for appointment as an appraiser;

e) Creating fake documents in the application for establishment permits or registration files for legal appraisal offices;

g) Conducting an appraisal when it should be refused;

h) Failing to truthfully record the results during the appraisal 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) Compelling the return of illegal gains obtained through the acts stipulated in Point a Clause 4 of this Article.

Article 18. Acts violating regulations on judicial appraisal offices

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

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

b) Not assigning a person with appropriate professional qualifications to conduct the appraisal based on the request or requirement of the office;

c) Conducting an appraisal without ensuring necessary equipment, means, and other required conditions;

d) Failing to establish and retain appraisal files;

d) Accepting and organizing an appraisal in cases where it should have been refused;

e) Using a false registration certificate for operations.

2. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of making a false registration certificate for operations.

3. Measures to remedy consequences:

a) Revoking the false document for the act stipulated in Point e Clause 1 and Clause 2 of this Article;

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

Section 5. VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND REMEDIAL MEASURES FOR CONSEQUENCES IN THE ACTIVITY OF AUCTIONING ASSETS

Article 19. Acts violating regulations on auctioneers and other persons related to the activity of auctioning assets

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

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

a) Using false documents in the application file for issuance of a professional practice certificate for auctions;

b) Not recording the minutes or not recording them in detail the proceedings of the auction session; not recording the results of the asset sale auction in the asset sale registration book.

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

a) Making false documents in the application file for issuance of a professional practice certificate for auctions;

b) Altering, erasing, or distorting the content of the professional practice certificate for auctions;

c) An employee of the organization conducting the asset sale auction, member of the auction committee, or assistant to the auction committee allowing a person who is not allowed to participate in the asset sale auction to participate in the auction;

d) Obstructing or creating difficulties for participants in the asset sale auction during the auction process;

e) Conducting the auction session not in accordance with the prescribed procedures;

f) Opposing or obstructing the announcement or notification of the asset sale auction;

g) Using another person's professional practice certificate for auctions to conduct the auction;

h) Allowing another person to use their professional practice certificate for auctions to conduct the auction.

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

a) Using a false professional practice certificate for auctions;

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

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of making a false professional practice certificate for auctions.

6. Suspension of the right to use the professional practice certificate for auctions for six to nine months for auctioneers conducting the auction session organized by an organization without the function of conducting auctions.

7. Suspension of the right to use the professional practice certificate for auctions for twelve months for auctioneers committing any of the following acts:

a) Creating a false list of applicants for purchasing auctioned assets, creating false files, or creating files that do not reflect the truth;

b) Colluding or depressing prices in the activity of auctioning assets.

8. Measures to remedy consequences:

a) Revoking the false document for the act stipulated in Point a Clause 2, Point a Clause 3, Point a Clause 4, Clause 5 of this Article;

b) Revoking the result of the asset sale auction for the act stipulated in Point c Clause 3 of this Article if the buyer of the asset is a person who is not allowed to participate in the asset sale auction;

c) Revoking the result of the asset sale auction for the act stipulated in Point g Clause 3, Point b Clause 4, Clause 6, Clause 7 of this Article;

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

Article 20. Acts Violating Provisions on Participants in Auctions of Assets

1. A fine of from seven million to ten million Vietnamese dong shall be imposed for acts of fraud regarding conditions for participating in auctions of assets.

2. A fine of from ten million to twenty million Vietnamese dong shall be imposed for acts of collusion and bid suppression during participation in auctions.

3. Measures to remedy consequences:

a) The results of selling auctioned assets shall be annulled for the act prescribed in Clause 1 of this Article if the buyer of the asset is the person who committed fraudulent acts;

b) The results of selling auctioned assets shall be annulled for the act prescribed in Clause 2 of this Article.

Article 21. Acts Violating Provisions on Organizing Activities of Selling Auctioned Assets

1. A fine of from one million to three million Vietnamese dong shall be imposed for acts of not notifying or notifying incorrectly about the time limit for obtaining a business registration certificate for auction services from the competent state agency where the enterprise or branch is located.

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

a) Charging fees, deposits, service charges for selling auctioned assets, and other amounts not in accordance with regulations;

b) Not properly storing auctioned assets when they are handed over;

c) Selling auctioned assets without appraisal when such assets must be appraised according to the law;

d) Not implementing reporting requirements, not maintaining or using improperly various types of 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 notices and announcements of auctions, viewing auctioned assets;

b) Not posting notices; not announcing the sale of auctioned assets; not organizing for participants in auctions 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 selling auctioned assets;

đ) Appointing persons who are not auctioneers to manage the auction;

e) Allowing individuals or organizations to conduct auction activities under the organization's name;

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

h) Appraising and selling the same asset.

4. A fine of from thirty million to forty million Vietnamese dong shall be imposed for conducting an auction when lacking the function to sell auctioned assets.

5. Measures to remedy consequences:

a) Annul the results of selling auctioned assets for the act prescribed 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 through the act prescribed in Point a Clause 2 of this Article.

Section 6. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES 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 and out of time to 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 foreign arbitration organization’s branch, representative office;

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

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

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

đ) Not notifying in writing or notifying incorrectly and out of time to the competent state agency about the cessation of operations and completion of cessation procedures;

e) Not publishing or publishing incorrectly or incompletely the required content, time, and number of times when establishing an arbitration center, 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 implementing reporting systems; not maintaining or using improperly various types of ledgers and forms.

2. A fine of from three million to seven million Vietnamese dong shall be imposed for failing to register changes in the content of the establishment permit with the competent state agency within the stipulated time.

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

a) Operating outside the scope of the establishment permit for the arbitration center; establishment permit for the branch, representative office of the foreign arbitration organization; arbitration center’s articles of association;

b) Operating without obtaining an operation registration certificate;

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

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

đ) Not retaining arbitration case files or retaining them improperly as prescribed in Article 64 of the Commercial Arbitration Law;

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

g) Not removing the name of an arbitrator from the list of arbitrators of the arbitration center when the arbitrator no longer meets the qualifications to be an arbitrator;

h) Altering, erasing, or distorting the content of the establishment permit or the operation registration certificate;

i) Operating according to amended or supplemented articles of association without approval from the competent state agency.

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

a) Using a fake establishment permit or operation registration certificate;

b) Using the operation registration certificate of another organization.

5. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for forging the establishment permit or operation registration certificate.

6. Measures to remedy consequences:

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

b) Order the return of illegal gains obtained through the acts prescribed 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 operation registration certificate for foreign arbitration organizations in Vietnam

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 authorized agencies in the application for registration to establish, application for issuance of business operation registration certificate for arbitration centers, foreign arbitration organizations in Vietnam.

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

a) Disclosing confidential information related to the dispute content that the arbitrator resolves, leading to damage to the parties involved in litigation;

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

c) Not meeting the criteria and conditions to be an arbitrator but engaging in arbitration activities;

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

3. A fine from VND 7,000,000 to VND 10,000,000 for the act of forging documents in the application for establishment, application for business operation registration, application for changes to the content of the establishment permit, business operation 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 Article 23 herein;

b) Compelling the return of unlawful gains obtained through the implementation of the act stipulated in Point b Clause 2 Article 23 herein.

Chapter III

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF ADMINISTRATIVE PENALTIES AND MEASURES TO MITIGATE CONSEQUENCES IN THE FIELD OF ADMINISTRATIVE JUSTICE

Section 1. VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF ADMINISTRATIVE PENALTIES AND MEASURES TO MITIGATE CONSEQUENCES IN ACTIVITIES OF AUTHENTICATION

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

1.59 Warning or a fine from VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the content of the original document to request authentication of a copy; the content of the document, text translated to request 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 process requests for authentication;

b)60 Using authenticated copies with false certification; forging the signature of the person conducting the authentication;

c)61 Requesting authentication not to be carried out on the same day or the next working day if the request is received after 15:00 or more than two working days for cases where multiple types of documents, texts, original documents with many pages, large quantities of copies, complex content difficult to check and compare, or there is no written agreement on time with the person requesting authentication;

d)62 Conducting authentication outside the office of the organization conducting authentication when the person requesting authentication of a signature does not fall under the category of elderly, unable to travel, detained, imprisoned, serving a sentence, or having a legitimate reason;

đ)63 Refusing authentication not falling within one of the cases prescribed in Article 22 and Article 25 of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original records, authentication of certified copies from original documents, authentication of signatures, and authentication of contracts and transactions; refusing authentication without clearly explaining the reasons in writing to the person requesting authentication;

e)64 Not arranging personnel to receive authentication requests during working days of the week; not publicly posting the schedule, authority, procedures, processing time, fees, and costs of authentication at the office of the organization conducting authentication.

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

a) Forging documents to process requests for authentication;

b) Forging authenticated copies;

c)65 Authenticating certified copies from original documents, authenticating signatures without signing, clearly stating the full name, stamping according to regulations; not recording the statement of authentication on the last page of copies with two pages or more; not stamping across pages for copies, documents, texts that the person requesting authentication has signed with two pages or more;

d)66 Authenticating signatures in cases where the person requesting authentication did not sign in front of the person conducting authentication;

đ)67 Conducting authentication without recording the statement of authentication or recording it incorrectly according to the model statement of authentication issued together with Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original records, authentication of certified copies from original documents, authentication of signatures, and authentication of contracts and transactions;

e)68 Accepting, demanding any amount of money, other material benefits from the person requesting authentication beyond the authentication fee and costs for authentication already posted;

g)69 Not establishing an authentication logbook; the authentication logbook established not according to the prescribed model; not managing the authentication logbook; the authentication logbook not being continuously recorded page by page, leaving blank pages; not stamping across pages from the first to the last page of the authentication logbook; not closing and summarizing the total number of authentication tasks at the end of the year; lacking confirmation, signature, clear full name, and stamp of the person conducting authentication when closing the authentication logbook; the number recorded in the authentication certificate not corresponding to the authentication number recorded in the authentication logbook;

h)70 Not storing the authentication logbook; not storing authenticated documents, texts in the retention period of two years except in cases of authenticating the signature of the person conducting the forensic examination in the forensic examination conclusion text;

i)71 Not implementing periodic six-month and annual statistical reports on authentication;

k)72 Authenticating signatures in documents, texts containing contract, transaction content except for cases prescribed in Point d Clause 4 Article 24 of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original records, authentication of certified copies from original documents, authentication of signatures, and authentication of contracts and transactions or cases where the law provides otherwise;

l)73 Authenticating signatures related to personal assets, interests of oneself or close relatives such as spouse, biological or adoptive parents, biological or adoptive parents of the spouse, biological or adopted children, daughters-in-law, sons-in-law, grandparents, siblings, siblings of the spouse, grandchildren who are children of biological or adopted children.

3a.74 A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Noting the certification of a copy from an original or the certification of a signature without recording it in the certification register as prescribed;

b) Certifying a copy from an original document or paper that has been erased, altered, added to, or subtracted from in an invalid manner; the original being damaged, worn out, or the content cannot be determined;

c) Certifying a copy from an original document or paper issued by an authority of a foreign country without legalization as required by law before requesting certification, except where diplomatic legalization is exempted under international treaties to which Vietnam is a party or on the principle of reciprocity;

d) Certifying a copy from an original document or paper bearing a confidentiality stamp of an authority or organization or not bearing such a stamp but clearly stating that it may not be copied;

đ) Certifying a signature when the document contains content contrary to the law or social morals; propaganda or incitement of war, opposition to the socialist regime of Vietnam; distortion of the history of the Vietnamese nation; defamation of the honor, personality, or reputation of individuals or organizations; violation of citizens' rights;

e) Certifying a copy from an original document or paper self-prepared by an individual without confirmation and stamp of an authorized authority or organization;

g) Certifying a signature when at the time of certification, the person requesting certification does not recognize or control their own behavior;

h) Certifying a signature when the person requesting certification presents an original or certified copy of a citizen identification card or passport that is no longer valid.

4.75 Measures to remedy consequences:

a) Cancel false documents for the acts prescribed in Points a and b Clause 2 and Points a and b Clause 3 of this Article;

b) Compel the return of illegal proceeds obtained through the acts prescribed in Point e Clause 3 of this Article.

Article 25. Acts violating the provisions on certification of contracts and transactions

1. Warning or a fine of VND 300,000 to VND 500,000 shall be imposed for the act of altering, erasing, or distorting the content of a document issued by an authorized authority for the purpose of certifying a contract or transaction.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of using false documents to obtain certification of a contract or transaction.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of forging documents or impersonating a subject to obtain certification of a contract or transaction.

4. Measures to remedy consequences:

Revocation of fake documents for violations specified in Clauses 2 and 3 of this Article.

Article 26. Acts violating the provisions on certification of signatures of translators

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

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on a translator who uses false documents, language certificates, or diplomas to meet the conditions for certification of a translator's signature.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on a translator who commits any of the following acts:

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

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

c) Translating incorrectly for personal gain.

4. Measures to remedy consequences:

a) Cancel false documents for the acts prescribed in Clause 2, Point a Clause 3 of this Article;

b) Compel the return of illegal proceeds obtained through the acts prescribed in Points b and c Clause 3 of this Article.

Section 2. ADMINISTRATIVE VIOLATIONS, FORMS OF FINES AND REMEDIAL MEASURES FOR CONSEQUENCES IN THE MANAGEMENT OF HOUSEHOLD REGISTRATION, NATIONALITY, AND CRIMINAL RECORDS

Article 27. Violations concerning birth registration

1. Warning for the person responsible for registering the birth of a child who fails to register within the prescribed time limit.

2. 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 the purpose of birth registration procedures.

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

a) Providing false evidence regarding birth;

b) Intentionally providing incorrect information in the birth registration;

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

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

5. Measures to remedy consequences:

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

Article 28. Violations concerning marriage registration and matchmaking

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 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 for the purpose of marriage registration procedures.

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

4. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for one 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 from 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) Revocation of fake documents for the act stipulated in Point b Clause 2, Clause 3 of this Article;

b) Compelling the return of illegal profits obtained through the implementation of the acts stipulated in Clause 4 and Clause 5 of this Article.

Article 29. Violations concerning the organization and operation of centers for counseling and supporting marriages and families 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 authority of changes in name, address, or head of the center;

b) Altering, erasing, or distorting the content of documents issued by competent authorities in the application 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 registration certificate for operations;

b) Failing to implement reporting requirements; failing to establish, manage, or use registers and forms correctly.

c)76 Failing to provide counseling and support to individuals requesting such services for marriages and families with foreign elements;

d)77 Failing to issue a Certificate from the Center after providing counseling and support according to the request of the client;

đ)78 Failing to publicly announce the fee schedule as prescribed.

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

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

b) Providing false information in the application for registration of activities;

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

d) Changing the name, location of the office, head, or scope of activities without a written application to the competent authority.

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

a) Conducting counseling and support activities for marriages and families with foreign elements before completing the registration process;

b) Using a fake registration certificate;

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

d) Demanding money or other material benefits outside the prescribed fee when providing counseling and support for marriages and families with foreign elements;

đ)79 Failing to maintain confidentiality of personal, family, and private life information of clients seeking counseling and support.

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

a) Forging the registration certificate;

b) The counseling and support center for marriages and families with foreign elements operating without meeting the required conditions.

6. Suspension of the right to use the registration certificate for from six months to one year for the act of conducting counseling and support activities for marriages and families with foreign elements for profit.

7. Additional forms of administrative sanction:

Suspension of the right to use the registration certificate for from one month 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) Revocation of 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 through the implementation of 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 marriage status confirmation certificates

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 the purpose of issuing marriage status confirmation certificates.

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 marriage status confirmation certificates;

b) Making false declarations about marital status for the purpose of processing the issuance of marriage status confirmation certificates;

c) Using fake documents to process the issuance of marriage status confirmation certificates;

d) Providing false information to obtain marriage status confirmation certificates; using marriage status confirmation certificates for unauthorized purposes.

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 marriage status confirmation certificates.

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated in 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 content 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 from VND 5,000,000 to VND 10,000,000 for any 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 in Clause 2, Clause 3 of this Article;

b) Compelling the return of illegal profits obtained through the act stipulated in 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 content 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 in 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 content 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 in 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 content 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 regarding changes or corrections to household registration.

3. A fine from VND 3,000,000 to VND 5,000,000 for one 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 inaccurate 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 testimony from 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:

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

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

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

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

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

4. Measures to remedy consequences:

Revoking fake documents for acts stipulated in 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 from 300,000 VND to 500,000 VND for the act of altering, erasing, or distorting the content of household registration documents.

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

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

a) Forging household registration documents;

b) Destroying household registration documents.

4. Measures to remedy consequences:

Seize 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 from 300,000 VND to 500,000 VND for the act of altering, erasing, or distorting the content 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 content of nationality documents;

c) Using fake documents for nationality procedures;

d) Using fake nationality documents.

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

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

a) Destroying nationality documents;

b) Forging nationality documents.

5. Measures to remedy consequences:

Seize 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 from 1,000,000 VND to 3,000,000 VND for the act of using fake documents to request issuance of judicial record certificates.

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

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

b) Altering, erasing, or distorting the content 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 another person's judicial record certificate.

4. Measures to remedy consequences:

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

Section 3. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE ACTIVITIES OF SPREADING, EDUCATING ON LAW AND INTERNATIONAL COOPERATION

Article 39. Violations concerning the dissemination and education of laws

A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for acts that obstruct citizens' right to access information, learn about, and study laws; or obstruct the activities of disseminating and educating laws by agencies, organizations, and individuals.

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

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 a legal propagandist or legal educator to engage in activities not assigned to them for personal gain.

2. Additional forms of punishment:

Revocation of the legal propagandist's card for a period of from one to three months for violations stipulated in Point b Clause 1 of this Article.

3. Measures to remedy consequences:

Compel the return of unlawful profits obtained through the implementation of the act stipulated in Point b Clause 1 of this Article.

Article 41.

81

Violations concerning international cooperation on laws

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failing to report or reporting inaccurately on the situation of international cooperation on laws to the Ministry of Justice as prescribed in Article 16 of Decree No. 113/2014/NĐ-CP dated November 26, 2014 of the Government on the management of international cooperation on laws.

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

a. Not seeking the opinion of the Ministry of Justice regarding the outline and program of legal cooperation;

b. Not submitting the content of legal cooperation within the annual implementation plan and cooperation program to the Ministry of Justice for consolidation and monitoring;

c. Not submitting the decision approving the legal cooperation program or project to the Ministry of Justice along with the relevant documentation after approval by the competent authority;

d. Not sharing information and results of international legal cooperation as prescribed in Article 14 of Decree No. 113/2014/NĐ-CP.

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

a. Not seeking the opinion of the Ministry of Justice before approving amendments or supplements to the legal cooperation program or project documentation as prescribed in Clause 1 of Article 9 of Decree No. 113/2014/NĐ-CP;

b. Not submitting the legal cooperation program or project documentation to the Ministry of Justice for review and comments as prescribed in Clause 1 of Article 7 of Decree No. 113/2014/NĐ-CP;

c. Not seeking the opinion of the Ministry of Justice before organizing conferences or seminars, or not submitting a summary report of the conference or seminar outcomes as prescribed in Clause 1 of Article 13 of Decree No. 113/2014/NĐ-CP.

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

a. Implementing legal programs, projects, or non-project legal assistance without an approval decision or with an approval decision that has not yet taken effect;

b. Implementing legal programs, projects, or non-project legal assistance when there is a decision by a competent state agency to temporarily suspend or terminate such programs, projects, or non-project legal assistance as prescribed in Article 18 of Decree No. 113/2014/NĐ-CP;

c. Not approving or approving incorrectly according to the procedures and authorities prescribed in Clause 3 of Article 26 of Decree No. 113/2014/NĐ-CP for legal programs, projects, or non-project legal assistance.

Section 4. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN LEGAL ASSISTANCE ACTIVITIES

Article 42. Acts Violating Provisions on Persons Entitled to Legal Aid

1. Warning for intentionally providing false information or documents regarding legal aid cases.

2. A fine of VND 300,000 to VND 500,000 for altering, erasing, or distorting the contents of documents issued by competent authorities to meet the conditions for legal aid entitlement.

3. A fine of VND 500,000 to VND 1,000,000 for using fake documents to meet the conditions for legal aid entitlement.

4. A fine of VND 1,000,000 to VND 2,000,000 for fabricating documents to meet the conditions for legal aid entitlement.

5. Measures to remedy consequences:

Seizure of fake documents for acts stipulated in Clause 3 and Clause 4 of this Article.

Article 43. Acts Violating Provisions on Legal Aid Providers

1. Warning for failing to return a legal aid volunteer card that must be returned.

2. Warning or a fine of VND 300,000 to VND 500,000 for altering, erasing, or distorting the contents of documents to meet the conditions for legal aid provision.

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

a) Using or allowing others to use a legal aid volunteer card for personal gain;

b) Using a legal aid provider's card or exploiting the status of a legal aid provider for personal gain;

c) Violating the honor, dignity, rights, and legitimate interests of the person entitled to legal aid; discriminating against persons entitled to legal aid;

d) Accepting or demanding money or other benefits from the person entitled to legal aid;

đ) Refusing or ceasing to provide legal aid to the person entitled to legal aid without grounds;

e) Not refusing or continuing to provide legal aid in cases prescribed in Article 45 of the Legal Aid Law;

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

a) Disclosing information or secrets about legal aid cases, or about the person entitled to legal aid, except when the person entitled to legal aid consents in writing or otherwise provided by law;

b) Intentionally providing false information or documents regarding legal aid cases affecting the time and quality of resolving legal aid cases;

c) Inciting the person entitled to legal aid to provide false information or documents to state agencies with authority; inciting the person entitled to legal aid to file complaints or lawsuits contrary to the law;

d) Using fake documents to meet the conditions for becoming a legal aid provider; using a fake legal aid volunteer card;

đ) Providing legal aid without meeting the conditions for being a legal aid provider.

5. A fine of VND 3,000,000 to VND 5,000,000 for fabricating documents to meet the conditions for becoming a legal aid provider; fabricating a legal aid provider's card or a legal aid volunteer card.

6. Additional forms of punishment:

Suspension of the right to use a legal aid volunteer card for one to three months for acts stipulated in Point a Clause 3, Points a, b, and c Clause 4 of this Article.

7. Measures to remedy consequences:

a) Canceling fake documents for the act stipulated in Point d Clause 4, Clause 5 of this Article.

b) Compelling the surrender of unlawful gains obtained through acts stipulated 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, 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, 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 processed to the state legal aid center at the location where legal aid participation was registered upon termination of legal aid participation.

3. A fine from VND 3,000,000 to VND 5,000,000 for one 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:

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

Section 5. ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES IN REGISTRATION OF GUARANTEE TRANSACTIONS

Article 45. Acts violating provisions on registration of guarantee transactions

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

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

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

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

b) Using fake documents in the registration dossier for guarantee transactions;

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

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

a) Forging documents in the registration dossier for guarantee transactions;

b) Forging certificates, information-providing documents.

5. Measures to remedy consequences:

Seizure of fake documents for acts stipulated in Clause 3 and Clause 4 of this Article.

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

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

Chapter IV

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF MARRIAGE AND FAMILY

Article 47. Early marriage, organizing early marriage

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

2. Imposing a fine of from one million dong to three million dong 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.

82

Violations of regulations on marriage, divorce, and monogamy

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 or having a spouse while marrying another person, or marrying someone known to already have a spouse or husband without a spouse or husband;

b) Being married or having a spouse while cohabiting with another person as if they were spouses;

c) Not being married or having a spouse while cohabiting with someone known to already have a spouse or husband as if they were spouses;

d)83 Marrying or cohabiting as if they were spouses between people who are related within three generations;

đ)84 Marrying or cohabiting as if they were spouses between foster parents and foster children;

e)85 Marrying or cohabiting as if they were spouses between a former foster parent and foster child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild of wife, stepmother and stepchild of husband.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a)86 Taking advantage of divorce to evade property obligations, violate population policies or laws, or achieve other purposes not aimed at ending the marriage;

b)87 Marrying or cohabiting as if they were spouses between people who share blood relations through direct lineage.

Article 49. Acts violating provisions on guardianship

1. Warning or a fine from 500,000 VND to 1,000,000 VND for acts of evading and failing to perform guardianship obligations 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 the guardianship registration to gain illicit benefits;

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

3. Measures to remedy consequences:

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

Article 50. Acts violating provisions on adoption

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

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

a) Registering for adoption when the competent state agency has issued a document refusing the adoption;

b) Using fake documents to register for adoption.

3. A fine from VND 3,000,000 to VND 5,000,000 for one 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 adopting children of war invalids, persons with meritorious service to the revolution, or ethnic minorities to enjoy preferential policies of the State.

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

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

b) Taking advantage of adoption or introducing children for adoption to gain illicit benefits, except in cases stipulated in Point d of 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 of Clause 2, Point b of Clause 3 of this Article;

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

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

1. Warning or a fine from 500,000 VND to 1,000,000 VND for acts of altering, erasing, or distorting the contents of documents issued by competent authorities in the application dossier for operating licenses 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) Failing to notify in writing the competent state authority within the prescribed time limit regarding the cessation of operations;

b) Failing to implement reporting requirements; failing to establish, manage, or use registers and forms correctly.

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 licenses of foreign adoption offices in Vietnam;

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

a) Creating fake documents in the application dossier for operating licenses 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 for foreign adoption offices in Vietnam or with an expired license;

b) Operating without meeting the conditions stipulated by law on international adoptions 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 a period of 1 month to 3 months for acts stipulated in Clause 3, Point c and Point d of Clause 4 of this Article.

8. Measures to remedy consequences:

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

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

Chapter V

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF CIVIL ENFORCEMENT

Article 52. Violations in civil enforcement activities

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on 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 of from VND 1,000,000 to VND 3,000,000 shall be imposed on any of the following acts:

a) Failing to provide information or hand over documents related to the assets subject to enforcement proceedings as requested by the competent authority for enforcement without a legitimate reason;

b) Failing to notify the enforcement agency of changes in address or place of residence;

c) Failing to truthfully declare assets and conditions for enforcement.

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

a) Failing to perform work that must be done or failing to terminate 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) Failing to comply with the commitments agreed upon in the decision recognizing the agreement of the People's Court;

d) Providing false evidence to the civil enforcement agency.

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

a) Damaging property to prevent the performance of enforcement obligations or to avoid asset attachment;

b) Destroying sealed property that has been attached;

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

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

a) Disposing of property to prevent the performance of enforcement obligations or to avoid asset attachment;

b) Illegally using, consuming, transferring, substituting, concealing, or changing the status of attached property;

c) Destroying attached property;

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;

e) Intentionally failing to implement the decision on provisional measures or judgments, decisions that must be enforced immediately issued by the People's Court.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

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

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

7. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of failing to implement the freezing of the account of the person subject to enforcement as decided by the competent authority for enforcement.

8. Measures to remedy consequences:

The original state shall be restored for the act stipulated in Point a Clause 4, Points a and b Clause 5 of this Article.

Chapter VI

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF BUSINESS INSOLVENCY AND COOPERATIVE ENTERPRISE LIQUIDATION

Article 53. Acts obstructing or making difficulties in the exercise of the right to file a petition

89

A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of obstructing or making difficulties in the exercise of the right to file a petition for the initiation of bankruptcy proceedings against a business or cooperative enterprise that is unable to pay its debts.

Article 54. Violation of the obligation to file for bankruptcy proceedings

90

A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the owner of a private enterprise, the Chairman of the Board of Directors of a joint-stock company, the Chairman of the Members' Council of a limited liability company with two or more members, the owner of a single-member limited liability company, a general partner of a partnership, or the legal representative of a business or cooperative who fails to file a request to open bankruptcy proceedings when the business or cooperative loses its ability to pay.

Article 54a. Violation of the obligation to announce that a business or cooperative has lost its ability to pay

91

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of announcing that a business or cooperative has lost its ability to pay inaccurately or objectively, causing adverse effects on the reputation, credibility, and business operations of the business or cooperative.

Article 55. Violation of the obligation to provide documents and evidence

92

A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of managing or retaining documents and evidence related to the bankruptcy case without providing them fully and promptly or providing inaccurate documents and evidence related to the bankruptcy case within fifteen days from the date of receiving the request of the creditor, the business, the cooperative, the People's Court, the People's Procuracy, the Administrator, or the business managing and liquidating assets if there is no legitimate reason.

Article 56. Violation of the obligations of the person filing a request to open bankruptcy proceedings

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of the person filing a request to open bankruptcy proceedings who is not objective, causing adverse effects on the reputation, credibility, and business operations of the business or cooperative.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the person filing a request to open bankruptcy proceedings who engages in fraudulent acts, causing adverse effects on the reputation, credibility, and business operations of the business or cooperative.

Article 57. Violation of the provisions on announcing the status of bankruptcy

93

A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on a business or cooperative that has lost its ability to pay but does not publicly announce after receiving the decision to open bankruptcy proceedings from the People's Court.

Article 58. Violation of the provisions on the operation of a business or cooperative after a decision to open bankruptcy proceedings

94

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on a business or cooperative that, after a decision to open bankruptcy proceedings, does not report to the Administrator, the business managing and liquidating assets before carrying out any of the following acts:

a) Activities related to borrowing, pledging, mortgaging, guaranteeing, buying and selling, transferring, leasing assets; selling, converting shares; transferring ownership rights to assets;

b) Terminating an effective contract;

c) Paying debts incurred after opening bankruptcy proceedings; paying wages to workers in the business or cooperative.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on a business or cooperative that, after a decision to open bankruptcy proceedings, carries out any of the following acts:

a) Concealing, disposing of, or giving away assets;

b) Paying unsecured debts, except for unsecured debts incurred after opening bankruptcy proceedings and paying wages to workers in the business or cooperative as stipulated in Point c Clause 1 Article 49 of the Bankruptcy Law;

c) Abandoning claims;

d) Converting unsecured debts into secured debts or partially secured debts by the assets of the business or cooperative.

3. Measures to remedy consequences:

The violator must restore the original state that was altered as provided for in Clause 2 of this Article.

Article 59. Acts violating provisions on deadlines and obligations to inventory assets

95

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that have lost their ability to pay and fail to conduct asset inventory and determine the value of those assets within the prescribed time limit.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on representatives of enterprises and cooperatives and other persons who do not cooperate with the asset inventory process or intentionally distort the asset inventory process.

Article 60. Acts violating provisions on the obligations of banks where enterprises and cooperatives subject to liquidation procedures have accounts

96

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision declaring the enterprise or cooperative bankrupt but still settle debts of the enterprise or cooperative, except in cases where there is written consent from the People's Court or the civil enforcement agency.

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

a) Banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision declaring the enterprise or cooperative bankrupt but settle debts owed by the bankrupt enterprise or cooperative to the bank, except in cases where there is written consent from the People's Court or the civil enforcement agency;

b) Banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision to open bankruptcy proceedings but offset obligations under contracts established before the decision to open bankruptcy proceedings without the consent of the trustee or the enterprise managing and liquidating assets.

3. Measures to remedy consequences:

Order the recovery of payments or offsets made contrary to regulations for acts stipulated in Clause 1 and Clause 2 of this Article.

Article 61

97.

Acts violating provisions on the obligations of employees related to bankruptcy proceedings

1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on employees who conceal assets of enterprises and cooperatives from the date the People's Court decides to open bankruptcy proceedings.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on employees who dispose of assets of enterprises and cooperatives from the date the People's Court decides to open bankruptcy proceedings.

Article 62

98.

(Repealed)

Article 63. Acts violating provisions on participation in creditor meetings

99

A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on applicants requesting the opening of bankruptcy proceedings as stipulated in Article 5 of the Bankruptcy Law, business owners, or legal representatives of enterprises and cooperatives that have lost their ability to pay who do not participate in creditor meetings, nor authorize others to participate in creditor meetings without a valid reason.

Article 64. Acts violating provisions on monitoring the implementation of plans to restore business operations

100

A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that fail to submit reports on the implementation of plans to restore business operations to the Trustee, the enterprise managing and liquidating assets within the prescribed time limit.

Article 64a. Acts violating provisions on the application for issuance of a professional certificate for a Trustee; the application for registration of individual management and liquidation activities; the application for registration of management and liquidation activities for enterprises managing and liquidating assets

101

1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on acts of altering, erasing, or distorting the content of Trustee documents; in applications for registration of individual management and liquidation activities; in applications for registration of management and liquidation activities for enterprises managing and liquidating assets.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on acts of using fake documents in applications for issuance of a professional certificate for a Trustee; in applications for registration of individual management and liquidation activities; in applications for registration of management and liquidation activities for enterprises managing and liquidating assets.

3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on acts of forging documents in applications for issuance of a professional certificate for a Trustee; forging documents in applications for registration of individual management and liquidation activities; forging documents in applications for registration of management and liquidation activities for enterprises managing and liquidating assets.

4. Measures to remedy consequences:

Revocation of fake documents for violations specified in Clauses 2 and 3 of this Article.

Article 64b. Acts violating regulations on the practice of managing and liquidating assets

102

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

a) Repairing, erasing, or altering the content of the management trustee certificate, the decision to include the name in the list of management trustees, or the list of asset management and liquidation enterprises;

b) Failing to report to the Provincial Department of Justice where the practice is registered or upon request from competent state agencies regarding the activities of managing and liquidating assets as prescribed;

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

d) Failing to store or improperly storing records related to the activities of managing and liquidating assets as prescribed.

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

a) Renting, lending, or allowing other individuals or organizations to use one's own management trustee certificate to engage in the practice of managing and liquidating assets;

b) Renting, borrowing, or using another person's management trustee certificate to engage in the practice of managing and liquidating assets;

c) Engaging in the activities of managing and liquidating assets when being related to a business or cooperative that has lost its ability to pay according to the law on businesses; when there is evidence that the judge conducting bankruptcy proceedings or the civil enforcement agency requests contrary to the law, professional principles of managing and liquidating assets, or is not consistent with the Code of Ethics for Management Trustees;

d) Establishing or participating in establishing two or more asset management and liquidation enterprises at the same time;

đ) At the same time, registering to practice managing and liquidating assets as an individual while practicing within an asset management and liquidation enterprise;

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

a) Hinting or receiving any amount of money or material benefits from participants in bankruptcy proceedings; taking advantage of the status of a management trustee or the duties and powers of an enterprise to benefit from individuals or organizations outside the fees received according to the law;

b) Taking advantage of duties and powers to collude with individuals or organizations for personal gain;

c) Disclosing information about cases, matters, or clients known during practice, except when authorized in writing by the client or otherwise provided by law;

d) Not organizing the valuation or liquidation of assets or not depositing the proceeds into the account opened by the People's Court or the competent civil enforcement agency at a bank or not reporting to the civil enforcement agency and notifying relevant participants in bankruptcy proceedings about the assignment to individuals or organizations to carry out the liquidation of assets as prescribed;

đ) Not terminating the liquidation of assets and handing over all documents and assets of the bankrupt business or cooperative to the civil enforcement agency for handling and liquidation as prescribed if, after two years from the date of receipt of the written request of the Enforcement Officer, the liquidation of assets has not been completed;

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using a fake management trustee certificate;

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

a) Creating a fake management trustee certificate;

b) Practicing managing and liquidating assets under any form without meeting the conditions for such practice;

6. Additional forms of punishment:

a) Revoking the right to use the management trustee certificate for a period of one to three months for the acts stipulated in Clause 2 of this Article;

b) Revoking the right to use the management trustee certificate for a period of three to six months for the acts stipulated in Clause 3 of this Article;

7. Measures to remedy consequences:

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

b) Compelling the return of unlawful profits obtained through the implementation of the acts stipulated in Points a and b of Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 64c. Violations concerning the activities of enterprises managing and liquidating assets

103

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

a) Not sending a notification letter to the Department of Justice of the province or centrally governed city where the enterprise's main office is located after a branch or representative office of the asset management and liquidation enterprise has been issued a registration certificate for its operations, or to the Department of Justice of the province or centrally governed city where such branch or representative office is located if the enterprise establishes a branch or representative office in a different province or centrally governed city from its main office as prescribed;

b) Not requesting the Department of Justice of the province or centrally governed city where the enterprise registers its practice to adjust the registered practice information for asset management and liquidation when there are changes in the name, address of the main office, representative office, branch, legal representative, or list of practicing Judicial Liquidators in the asset management and liquidation enterprise as prescribed.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the act of allowing another individual or organization to use the name or business registration certificate of the enterprise to engage in asset management and liquidation practice.

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

a) Colluding with insolvent enterprises or cooperatives or other individuals or organizations to dispose of assets or distort information related to asset management and liquidation activities;

b) Not organizing the valuation and liquidation of assets or not depositing the proceeds into an account opened at a bank by the People's Court or competent civil enforcement agency, or not reporting to the civil enforcement agency and informing relevant parties involved in bankruptcy proceedings about the assignment of the liquidation of assets to individuals or organizations as prescribed;

c) Not terminating the liquidation of assets and handing over all documents and assets of the bankrupt enterprise or cooperative to the civil enforcement agency for further handling and liquidation as prescribed, if within two years from the date of receiving the request from the Enforcement Officer, the liquidation has not been completed.

6. Measures to remedy consequences:

Forced to return the unlawful gains obtained from implementing the acts stipulated in Clause 2, Point a, Clause 3 of this Article.

Chapter VII

AUTHORITY TO ISSUE VIOLATION RECORDS AND ADMINISTRATIVE PENALTIES

Article 65. Authority to issue violation records

1. The person authorized to issue violation records under this Article may only issue administrative violation records for administrative violations within their scope of duty or assigned tasks according to the prescribed form and bear responsibility for issuing such records.

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

a) Persons authorized to impose administrative penalties as stipulated in Articles 66, 67, 68, 69, and 70 of this Decree may issue administrative violation records for acts within their penalty jurisdiction;

b)104 Civil servants of the Justice and Civil Registration Office at the commune level may issue administrative violation records for acts prescribed in Clause 1, Point a, b Clause 2 and Point a, b Clause 3 of Article 24, Articles 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 47, 48, 49, and 50 of this Decree;

c)105 Civil servants of the Justice Office at the district level may issue administrative violation records for acts prescribed in Clause 1, Point a, b Clause 2 and Point a, b Clause 3 of Article 24, Articles 25, 26, 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)106 Civil servants and officials of the Department of Justice may issue administrative violation records for acts prescribed in Chapter II, Sections 1, 2, Article 39, Article 40, Sections 4, 5 Chapter III, Chapter IV, Articles 64a, 64b, and 64c of this Decree and administrative violations in other areas under state management related to judicial assistance, administrative justice, marriage and family;

đ) Investigators, secretaries, and specialized staff of civil enforcement agencies may issue administrative violation records for acts prescribed in Chapter V of this Decree;

e)107 Civil servants of the Ministry of Justice’s Inspection Department and civil servants of units under the Ministry of Justice responsible for state management in judicial assistance, administrative justice, marriage and family, and civil enforcement may issue administrative violation records for acts prescribed in Chapters II, III, IV, V, Articles 64a, 64b, and 64c of this Decree and administrative violations in other areas under their state management;

g)108 Civil servants of the People's Courts at all levels may issue administrative violation records for acts prescribed from Article 54 to Article 64 of Chapter VI of this Decree;

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

i) Civil servants and officials of ministries, ministerial-level agencies, and specialized departments managing judicial appraisal, appraisal organizations may issue administrative violation records for acts prescribed in Section 4 of Chapter II of this Decree;

k)109 Civil servants and officials of Notary Offices may issue administrative violation records for acts prescribed in Article 12, Clause 1, Point a, b Clause 2 and Point a, b Clause 3 of Article 24 of this Decree;

l) Civil servants and officials of the Registration Center for Transactions and Assets, agencies authorized to register security transactions involving land use rights, attached assets, aircraft, and ships may issue administrative violation records for acts prescribed in Section 5 of Chapter III of this Decree;

m) Civil servants and officials of Legal Aid Centers may issue administrative violation records for acts prescribed in Article 42 of this Decree;

n)110 Civil servants and officials of Property Auction Service Centers may issue administrative violation records for acts prescribed in Article 20 of this Decree;

o)111 Enforcement Officers assigned to enforce bankruptcy declarations may issue administrative violation records for acts prescribed in Point d, đ Clause 3

Article 64b, Point b, c Clause 3 Article 64c of this Decree.

Article 66. Competence to impose administrative penalties

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

a) To issue warnings;

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

c) Suspend the right to use the certificate of legal reporter at the district level for a period of time;

d) 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)112 Fine 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 business bankruptcy, cooperative enterprises; up to fifty million dong for acts of administrative violations in the field of judicial assistance;

c) Suspend the right to use registration certificates for activities, licenses, practice certificates, registration certificates for practice, legal advisor cards, notary public cards, legal aid cooperation cards, registration certificates for participation in legal aid, legal reporter cards at all levels for a period of time;

d)113 Apply remedial measures prescribed in Chapter II, Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III, Chapter IV, Article 64a, Article 64b and Article 64c of this Decree.

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

1. Judicial Inspectors performing their duties have the right:

a) To issue warnings;

b)114 Fine up to three hundred thousand dong for acts of administrative violations in the field of administrative justice, marriage and family; up to four hundred thousand dong for acts of administrative violations in the field of business bankruptcy, cooperative enterprises; 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 fine up to four hundred thousand dong for acts of administrative violations in the field of civil enforcement and apply remedial measures to restore the original state as prescribed in Chapter V of this Decree.

1a.115 Persons assigned to perform specialized inspection tasks of the Department of Judicial Assistance performing their duties have the right:

a) To issue warnings;

b) Fine up to four hundred thousand dong for acts of administrative violations in the field of business bankruptcy, cooperative enterprises; up to five hundred thousand dong for acts of administrative violations in the field of judicial assistance.

1b.116 Persons assigned to perform specialized inspection tasks of the Department of Civil Status, Citizenship, and Notarization performing their duties have the right:

a) To issue warnings;

b) Fine up to three hundred thousand dong for acts of administrative violations in civil status, citizenship, and notarization activities

2. Chief Inspectors of the Department of Justice of the provincial level, Heads of specialized inspection teams of the Department of Justice of the provincial level have the right:

a) To issue warnings;

b)117 Fine up to fifteen million dong for acts of administrative violations in the field of administrative justice, marriage and family; up to twenty million dong for acts of administrative violations in the field of business bankruptcy, cooperative enterprises; up to twenty-five million dong for acts of administrative violations in the field of judicial assistance;

c) Suspend the right to use registration certificates for activities, licenses, practice certificates, registration certificates for practice, legal advisor cards, notary public cards, legal aid cooperation cards, registration certificates for participation in legal aid, legal reporter cards at all levels for a period of time;

d)118 Apply remedial measures prescribed in Chapter II; Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III; Chapter IV; Article 64a, Article 64b and Article 64c of this Decree.

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

a) To issue warnings;

b)119 Fine 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, business bankruptcy, cooperative enterprises; up to thirty-five million dong for acts of administrative violations in the field of judicial assistance;

c) Suspend the right to use registration certificates for activities, licenses, practice certificates, registration certificates for practice, legal advisor cards, notary public cards, legal aid cooperation cards, registration certificates for participation in legal aid, legal reporter cards at all levels for a period of time;

d)120 Áp dụng biện pháp khắc phục hậu quả quy định tại các Chương II, III, IV, Điều 64a, Điều 64b và Điều 64c của Nghị định này.

3a.121 Cục trưởng Cục Bổ trợ tư pháp có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 40.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực phá sản doanh nghiệp, hợp tác xã; đến 50.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực bổ trợ tư pháp;

c) Tước quyền sử dụng giấy đăng ký hoạt động, giấy phép, chứng chỉ hành nghề, giấy đăng ký hành nghề, thẻ tư vấn viên pháp luật, thẻ công chứng viên có thời hạn;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại Chương II, Điều 64a, Điều 64b và Điều 64c của Nghị định này.

3b.122 Cục trưởng Cục Hộ tịch, quốc tịch, chứng thực có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 30.000.000 đồng đối với hành vi vi phạm hành chính trong hoạt động hộ tịch, quốc tịch, chứng thực;

c) Tước quyền sử dụng giấy đăng ký hoạt động của trung tâm tư vấn, hỗ trợ hôn nhân và gia đình có yếu tố nước ngoài có thời hạn;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại Mục 1, các Điều 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 và 37 Mục 2 Chương III của Nghị định này.

4. Chánh Thanh tra Bộ Tư pháp có quyền:

a) Phạt cảnh cáo;

b)123 Phạt tiền đến 30.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực hành chính tư pháp, hôn nhân và gia đình; đến 40.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực thi hành án dân sự, phá sản doanh nghiệp, hợp tác xã; đến 50.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực bổ trợ tư pháp;

c) Tước quyền sử dụng giấy đăng ký hoạt động, giấy phép, chứng chỉ hành nghề, giấy đăng ký hành nghề, thẻ tư vấn viên pháp luật, thẻ công chứng viên, thẻ cộng tác viên trợ giúp pháp lý, giấy đăng ký tham gia trợ giúp pháp lý, thẻ báo cáo viên pháp luật các cấp có thời hạn;

d)124 Áp dụng biện pháp khắc phục hậu quả quy định tại các Chương II, III, IV, V, Điều 64a, Điều 64b và Điều 64c của Nghị định này.

Điều 68. Thẩm quyền xử phạt vi phạm hành chính của cơ quan Thi hành án dân sự

1. Chấp hành viên thi hành án dân sự đang thi hành công vụ có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 500.000 đồng.

2. Chi cục trưởng Chi cục Thi hành án dân sự có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 2.500.000 đồng;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại Chương V của Nghị định này.

3.125 (được bãi bỏ)

4. Cục trưởng Cục Thi hành án dân sự, Trưởng phòng Phòng Thi hành án cấp quân khu có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 20.000.000 đồng;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại Chương V của Nghị định này.

5. Tổng cục trưởng Tổng cục Thi hành án dân sự có quyền:

a) Phạt cảnh cáo;

b) Phạt tiền đến 40.000.000 đồng;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại Chương V của Nghị định này.

Điều 69. Thẩm quyền xử phạt vi phạm hành chính của cơ quan đại diện ngoại giao, cơ quan lãnh sự, cơ quan khác được ủy quyền thực hiện chức năng lãnh sự của nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài

Người đứng đầu cơ quan đại diện ngoại giao, cơ quan lãnh sự, cơ quan khác được ủy quyền thực hiện chức năng lãnh sự của nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài có quyền:

1. Phạt cảnh cáo;

2. Phạt tiền đến 30.000.000 đồng đối với hành vi vi phạm hành chính trong lĩnh vực hành chính tư pháp;

3. Áp dụng biện pháp khắc phục hậu quả quy định tại Mục 1 và Mục 2 Chương III của Nghị định này.

Điều 70. Thẩm quyền xử phạt vi phạm hành chính của Tòa án nhân dân

126

1. Thẩm quyền xử phạt vi phạm hành chính của Tòa án nhân dân được thực hiện theo quy định của Điều 48 Luật xử lý vi phạm hành chính.

2. Người có thẩm quyền áp dụng biện pháp khắc phục hậu quả theo quy định của Điều 48 Luật xử lý vi phạm hành chính được áp dụng biện pháp khắc phục hậu quả quy định từ Điều 53 đến Điều 64 Chương VI của Nghị định này.

Điều 71. Thẩm quyền phạt tiền đối với hành vi vi phạm của tổ chức

127

Thẩm quyền phạt tiền của các chức danh được quy định tại Điểm b Khoản 1, Điểm b Khoản 2 và Điểm b Khoản 3 của Điều 66; Điểm b và Điểm c Khoản 1, Điểm b Khoản 1a, Điểm b Khoản 1b, Điểm b Khoản 2, Điểm b Khoản 3, Điểm b Khoản 3a, Điểm b Khoản 3b, Điểm b Khoản 4 của Điều 67; Điểm b Khoản 1, Điểm b Khoản 2, Điểm b Khoản 4 và Điểm b Khoản 5 của Điều 68; Khoản 2 Điều 69; Điểm b Khoản 1, Điểm b Khoản 2 và Điểm b Khoản 3 của Điều 70 của Nghị định này là thẩm quyền phạt tiền đối với một hành vi vi phạm hành chính của cá nhân; đối với hành vi vi phạm của tổ chức, thẩm quyền phạt tiền tổ chức gấp 02 lần thẩm quyền phạt tiền đối với cá nhân.

Điều 72. Phân định thẩm quyền xử phạt vi phạm hành chính

1.128 Thẩm quyền xử phạt vi phạm hành chính của Chủ tịch Ủy ban nhân dân các cấp:

a) Chủ tịch Ủy ban nhân dân cấp xã xử phạt đối với các vi phạm hành chính quy định tại Khoản 1, Điểm a, b Khoản 2 và Điểm a, b Khoản 3 Điều 24, các Điều 25, 27, 28, 30, 31, 32, 33, 34, 36, 47, 48, 49 và 50 của Nghị định này và các hành vi vi phạm hành chính trong các lĩnh vực quản lý nhà nước khác liên quan đến lĩnh vực hành chính tư pháp, hôn nhân và gia đình theo thẩm quyền quy định tại Khoản 1 Điều 66 của Nghị định này;

b) Chủ tịch Ủy ban nhân dân cấp huyện xử phạt đối với các vi phạm hành chính quy định tại Khoản 1, Điểm a, b Khoản 2 và Điểm a, b Khoản 3 Điều 24, các Điều 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 39 và 40, Mục 5 Chương III, các Điều 47, 48, 49 và 50 của Nghị định này và các hành vi vi phạm hành chính trong các lĩnh vực quản lý nhà nước khác liên quan đến lĩnh vực hành chính tư pháp, hôn nhân và gia đình theo thẩm quyền quy định tại Khoản 2 Điều 66 của Nghị định này;

c) Chủ tịch Ủy ban nhân dân cấp tỉnh xử phạt đối với các vi phạm hành chính quy định tại Chương II, Mục 1, Mục 2, Điều 39, Điều 40, Mục 4, Mục 5 Chương III, Chương IV, Điều 64a, Điều 64b và Điều 64c của Nghị định này và các hành vi vi phạm hành chính trong các lĩnh vực quản lý nhà nước khác liên quan đến lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình, phá sản doanh nghiệp, hợp tác xã theo thẩm quyền quy định tại Khoản 3 Điều 66 của Nghị định này.

2. Thẩm quyền xử phạt vi phạm hành chính của thanh tra:

a)129 Thanh tra viên, Trưởng đoàn thanh tra chuyên ngành, Chánh Thanh tra của Sở Tư pháp xử phạt đối với các hành vi vi phạm hành chính quy định tại Chương II; Mục 1, Mục 2, Điều 39, Điều 40, Mục 4, Mục 5 Chương III; Chương IV, Điều 64a, Điều 64b và Điều 64c của Nghị định này và các hành vi vi phạm hành chính trong các lĩnh vực quản lý nhà nước khác liên quan đến lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình theo thẩm quyền quy định tại Khoản 1 và Khoản 2 Điều 67 của Nghị định này;

b)130 Thanh tra viên, Trưởng đoàn thanh tra chuyên ngành, Chánh Thanh tra của Bộ Tư pháp xử phạt đối với các hành vi vi phạm hành chính quy định tại các Chương II, III, IV, V, Điều 64a, Điều 64b và Điều 64c của Nghị định này và các hành vi vi phạm hành chính trong các lĩnh vực quản lý nhà nước khác liên quan đến lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình, thi hành án dân sự theo thẩm quyền quy định tại các Khoản 1, 3 và 4 Điều 67 của Nghị định này;

c)131 Người được giao nhiệm vụ thanh tra chuyên ngành của Cục Bổ trợ tư pháp, Cục trưởng Cục Bổ trợ tư pháp xử phạt đối với các hành vi vi phạm hành chính quy định tại Chương II, Điều 64a, Điều 64b và Điều 64c và các hành vi vi phạm hành chính trong lĩnh vực bổ trợ tư pháp theo thẩm quyền quy định tại các Khoản 1a và Khoản 3a Điều 67 của Nghị định này;

d)132 Người được giao nhiệm vụ thanh tra chuyên ngành của Cục Hộ tịch, quốc tịch, chứng thực, Cục trưởng Cục Hộ tịch, quốc tịch, chứng thực xử phạt đối với các hành vi vi phạm hành chính quy định tại Mục 1, Điều 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 và 37 Mục 2 Chương III của Nghị định này và các hành vi vi phạm hành chính trong hoạt động hộ tịch, quốc tịch, chứng thực theo thẩm quyền quy định tại các Khoản 1b và Khoản 3b Điều 67 của Nghị định này.

3. Thẩm quyền xử phạt vi phạm hành chính của cơ quan thi hành án dân sự:

a) Chấp hành viên cơ quan Thi hành án dân sự có thẩm quyền xử phạt đối với các hành vi quy định tại Chương V theo thẩm quyền quy định tại Khoản 1 Điều 68 của Nghị định này;

b) Chi cục trưởng Chi cục Thi hành án dân sự có thẩm quyền xử phạt đối với các hành vi quy định tại Chương V theo thẩm quyền quy định tại Khoản 2 Điều 68 của Nghị định này;

c)133 (được bãi bỏ)

d) Cục trưởng Cục Thi hành án dân sự, Trưởng phòng Phòng Thi hành án cấp quân khu xử phạt đối với các hành vi quy định tại Chương V theo thẩm quyền quy định tại Khoản 4 Điều 68 của Nghị định này;

đ) Tổng cục trưởng Tổng cục Thi hành án dân sự xử phạt đối với các hành vi quy định tại Chương V theo thẩm quyền quy định tại Khoản 5 Điều 68 của Nghị định này.

4. Người đứng đầu cơ quan đại diện ngoại giao, cơ quan lãnh sự, cơ quan khác được ủy quyền thực hiện chức năng lãnh sự của nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài xử phạt đối với các hành vi quy định tại Mục 1 và Mục 2 Chương III của Nghị định này theo thẩm quyền quy định tại Điều 69 của Nghị định này.

5.134 Tòa án nhân dân các cấp có thẩm quyền xử phạt đối với các hành vi quy định từ Điều 53 đến Điều 64 Chương VI của Nghị định này theo thẩm quyền quy định tại Điều 70 của Nghị định này.

Điều 73. Thẩm quyền xử phạt vi phạm hành chính của các cơ quan khác

Ngoài những người có thẩm quyền xử phạt quy định tại Nghị định này, những người có thẩm quyền xử phạt vi phạm hành chính của các cơ quan khác theo quy định của Luật Xử lý vi phạm hành chính trong phạm vi chức năng, nhiệm vụ được giao mà phát hiện các hành vi vi phạm hành chính quy định trong Nghị định này thuộc lĩnh vực hoặc địa bàn quản lý của mình thì cũng có quyền xử phạt.

Chương VIII

ĐIỀU KHOẢN THI HÀNH

135

Điều 74. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 11 tháng 11 năm 2013 và thay thế Nghị định số 60/2009/NĐ-CP ngày 23 tháng 7 năm 2009 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực tư pháp; Nghị định số 87/2001/NĐ-CP ngày 21 tháng 11 năm 2001 của Chính phủ về xử phạt vi phạm hành chính trong lĩnh vực hôn nhân và gia đình; Nghị định số 10/2009/NĐ-CP ngày 06 tháng 02 năm 2009 của Chính phủ quy định xử phạt vi phạm hành chính trong quá trình tiến hành thủ tục phá sản.

2. Đối với hành vi vi phạm hành chính trong lĩnh vực bổ trợ tư pháp, hành chính tư pháp, hôn nhân và gia đình, thi hành án dân sự, phá sản doanh nghiệp, hợp tác xã xảy ra trước thời điểm Nghị định này có hiệu lực mà sau đó mới bị phát hiện hoặc đang xem xét, giải quyết thì áp dụng Nghị định của Chính phủ về xử phạt vi phạm hành chính có hiệu lực tại thời điểm thực hiện hành vi vi phạm để xử lý. Trường hợp các quy định về xử phạt vi phạm hành chính trong Nghị định này có lợi cho cá nhân, tổ chức vi phạm hành chính thì áp dụng các quy định của Nghị định này để xử lý.

3. Đối với quyết định xử phạt vi phạm hành chính đã được ban hành hoặc đã được thi hành xong trước thời điểm Nghị định này có hiệu lực thi hành, mà cá nhân, tổ chức bị xử phạt vi phạm hành chính còn khiếu nại thì áp dụng quy định của Pháp lệnh Xử lý vi phạm hành chính, Nghị định số 60/2009/NĐ-CP ngày 23 tháng 7 năm 2009 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực tư pháp, Nghị định số 87/2001/NĐ-CP ngày 21 tháng 11 năm 2001 của Chính phủ về xử phạt vi phạm hành chính trong lĩnh vực hôn nhân và gia đình; Nghị định số 10/2009/NĐ-CP ngày 06 tháng 02 năm 2009 của Chính phủ quy định xử phạt vi phạm hành chính trong quá trình tiến hành thủ tục phá sản.

Điều 75. Trách nhiệm thi hành

1. Bộ trưởng Bộ Tư pháp chịu trách nhiệm tổ chức thi hành Nghị định này.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương chịu trách nhiệm thi hành Nghị định này./.

XÁC THỰC VĂN BẢN HỢP NHẤT KT. BỘ TRƯỞNG THỨ TRƯỞNG Lê Thành Long