Decree No. 60/2009/NĐ-CP on administrative sanctions for violations in the judicial sector

DECREE

Regulations on Administrative Sanctions for Violations in the Judicial Field

_______________________

THE GOVERNMENT

Based on the Government Organization Law dated December 25, 2001;

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

Pursuant to the Civil Code dated June 14, 2005;

Based on the Lawyer Law dated June 29, 2006;

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

Pursuant to the Notarization Law dated November 29, 2006;

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

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

Based on the Commercial Arbitration Ordinance dated February 25, 2003;

Based on the Legal Appraisal Ordinance dated September 29, 2004;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

The Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violations, forms of sanctions, fines, sanctioning authorities, and procedures for handling administrative violations in civil enforcement activities; notarization; certification; household registration; nationality; criminal record; judicial appraisal; registration of security transactions; practicing as a lawyer or legal advisor; auctioning assets; commercial arbitration; popularizing and educating about laws; legal aid; adoption; international cooperation in law (hereinafter referred to collectively as the judicial field).

2. For other administrative violations in the judicial field not provided for in this Decree, provisions of other government decrees on administrative sanctions in areas of state management related to such violations shall be applied.

Article 2. Applicability

1. Individuals and organizations that intentionally or negligently violate regulations on state management in the judicial field without constituting a crime shall be sanctioned according to the provisions of this Decree.

Foreign individuals and organizations committing administrative violations in the judicial field within the territory of the Socialist Republic of Vietnam shall be sanctioned according to the provisions of this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, in which case such treaties shall prevail.

2. Administrative sanctions shall not be applied to violations stipulated in this Decree committed by officials or civil servants while performing their duties. The handling of such violations shall be carried out in accordance with the law on officials and civil servants.

Article 3. Principles of administrative penalties, aggravating circumstances, mitigating circumstances in administrative penalties

1. The principles of administrative sanctions in the judicial field shall be implemented in accordance with Article 3 of the Ordinance on Handling Administrative Violations and Article 3 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations in 2002 and the Ordinance amending and supplementing certain provisions of the Ordinance on Handling Administrative Violations in 2008 (hereinafter referred to as Decree No. 128/2008/NĐ-CP).

2. Aggravating circumstances and mitigating circumstances in administrative sanctions in the judicial field shall be implemented in accordance with Article 8 and Article 9 of the Ordinance on Handling Administrative Violations and Article 6 of Decree No. 128/2008/NĐ-CP.

Article 4. Time Limit for Administrative Sanctions

1. The statute of limitations for administrative sanctions in the judicial field is one year, counted from the date the administrative violation was committed. If the administrative violation is discovered after the said period, administrative sanctions will not be imposed but measures to mitigate consequences as stipulated in this Decree may still be applied.

If the authority responsible for imposing sanctions commits an error in allowing the statute of limitations to expire, they shall be dealt with in accordance with Article 121 of the Ordinance on Handling Administrative Violations.

2. In cases where an individual has been indicted, prosecuted, or a decision to bring the case to trial under criminal procedure has been made, but there is a decision to terminate the investigation or the case, such individual shall be subject to administrative sanctions if their actions indicate administrative violations; within three days from the date of issuing the decision to terminate the investigation or the case, the authority issuing the decision must send it to the authority responsible for imposing sanctions; in this case, the statute of limitations for administrative sanctions is three months, counted from the date the authority responsible for imposing sanctions receives the decision to terminate and the case file.

3. Within the timeframes specified in Clause 1 and Clause 2 of this Article, if the violator commits new administrative violations in the judicial field or deliberately avoids or obstructs the imposition of sanctions, the statute of limitations stipulated in Clause 1 and Clause 2 of this Article shall not apply; the statute of limitations shall be recalculated from the date of committing the new administrative violation or the date when the act of avoiding or obstructing the imposition of sanctions ceases.

Article 5. Forms of administrative penalties and measures to remedy consequences

1. Principal forms of administrative penalty:

Individuals and organizations committing administrative violations in the judicial field shall be subject to one of the following main forms of sanctions:

a) Warning;

b) Fine.

In cases of fines, the specific amount of the fine for a single administrative violation without aggravating or mitigating circumstances as stipulated in Article 8 and Article 9 of the Ordinance on Handling Administrative Violations is the midpoint of the fine range; for violations with mitigating circumstances, the fine amount may be reduced but not below the minimum of the fine range; if the violation has aggravating circumstances, the fine amount may be increased but not beyond the maximum of the fine range. For violations with both aggravating and mitigating circumstances, the authority responsible for deciding the fine amount may apply a higher, lower, or the midpoint of the fine range depending on the nature and severity of the aggravating and mitigating circumstances.

2. Additional forms of punishment:

Depending on the nature and severity of the violation, individuals and organizations committing violations may also be subject to one or more supplementary forms of sanctions:

a) Confiscation of property or means used to commit the administrative violation.

b) Suspension of the right to use a license or practice certificate for a limited or unlimited period.

In cases where individuals or organizations committing administrative violations as stipulated in Chapter II of this Decree are subject to supplementary sanctions involving suspension of the right to use a certificate, license, registration, or permit, they shall not be allowed to practice or operate during the period of suspension of the certificate, license, registration, or permit.

3. Measures to remedy consequences:

Depending on the nature and severity of the violation, individuals and organizations committing administrative violations may also be subject to one or more specific measures to mitigate consequences as detailed in the relevant Articles of Chapter II of this Decree.

In cases where administrative violations in the judicial field are discovered after the statute of limitations for sanctions has expired, sanctions will not be imposed but the competent authority may apply one or more of the following measures to mitigate consequences:

a) Compel restoration to the original condition prior to the change caused by the administrative violation;

b) Destruction of evidence and means of administrative violations;

c) Revocation of certificates issued by the competent authority.

Article 6. Period considered as not having been administratively punished

An individual or organization that has been administratively sanctioned in the field of judiciary shall be deemed not to have been administratively sanctioned if they have not committed a repeat offense within one year from the date of completing the execution of the administrative sanction decision (that is, from the date of fulfilling all obligations and requirements stipulated in the administrative sanction decision or from the date of enforcement of the administrative sanction decision through compulsory measures) or from the date when the time limit for enforcing the administrative sanction decision prescribed in Article 69 of the Administrative Violation Handling Ordinance expires.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF ADMINISTRATIVE PUNISHMENT

Section 1

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE SANCTIONS IN ENFORCEMENT ACTIVITIES

Article 7. Violations of regulations on enforcement activities

1. Warning or a fine of VND 50,000 to VND 200,000 for the act of receiving a second notice or summons from the competent authority for enforcement (enforcement officer, judicial scrivener) but failing to appear at the location specified in the notice or summons to carry out the enforcement without a legitimate reason.

2. A fine of VND 200,000 to VND 500,000 for any of the following acts of the person subject to enforcement:

a) Intentionally failing to implement the court's decision on emergency provisional measures or judgments/orders requiring immediate enforcement;

b) Failing to perform work ordered to be done or failing to cease performing work prohibited by the court's judgment/order according to the enforcement decision;

c) Deliberately delaying the implementation of enforcement obligations despite having the ability to do so;

d) Failing to provide information or hand over related documents concerning assets to be enforced upon without a legitimate reason at the request of the competent authority for enforcement;

đ) Failing to comply with the agreement reached and recognized by the court as per the enforcement decision;

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

a) Disposing of or damaging assets under attachment to avoid enforcement of the judgment;

b) Failing to suspend registration, stop illegal use, consumption, transfer, substitution, concealment, or alteration of the status of attached assets;

c) Destroying seals or destroying attached assets;

d) Failing to comply with the decision of the competent authority for enforcement regarding deduction from accounts, withholding income, or recovery of valuable papers from the person subject to enforcement;

đ) Failing to comply with the decision of the competent authority for enforcement regarding collection of money from the business operations of the person subject to enforcement, from the person subject to enforcement who is holding it, or from the third party holding it on behalf of the person subject to enforcement;

e) Failing to comply with the decision of the competent authority for enforcement regarding freezing the account of the person subject to enforcement.

4. Measures to remedy consequences:

a) Compel restoration to the original state for the act specified in point a, b Clause 3 of this Article;

b) Compel the violator to comply with the provisions on account freezing, compel payment, hand over valuable papers, compel deduction to enforce the judgment, and deduction from accounts for the acts specified in points d, đ, and e Clause 3 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE SANCTIONS IN NOTARIZATION ACTIVITIES

Article 8. Violations of regulations on certification of copies from originals and certification of signatures

1. Warning or a fine of VND 200,000 to VND 500,000 for the act of arbitrarily altering, erasing, or engaging in other acts that distort the content of certified copies or originals to apply for certification.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Fabricating, using fake documents, or employing fraudulent means to apply for certification;

b) Fabricating or using fake certified copies or forging the signature of the certifying officer.

3. Additional forms of punishment:

Seize altered, erased, distorted, or forged documents for the acts specified in Clause 1, 2 of this Article.

Article 9. Acts violating regulations on authentication of contracts and transactions

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on acts of arbitrarily altering, erasing, or otherwise causing distortion of the content of documents for the purpose of authenticating contracts or transactions.

2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on acts of forging or using forged documents to impersonate a subject for the purpose of authenticating contracts or transactions.

3. Additional forms of punishment:

Seizure of documents that have been altered, erased, distorted in content, or forged documents used in the acts stipulated in Clause 1 and Clause 2 of this Article.

Section 3

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF PENALTIES IN ACTIVITIES

MANAGEMENT OF HOUSEHOLD REGISTRATION, CITIZENSHIP, CRIMINAL RECORD

Article 10. Acts violating regulations on birth registration

1. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed on persons responsible for registering births who fail to register children within the time limit prescribed by law.

2. A fine of from VND 100,000 to VND 300,000 shall be imposed on any of the following acts:

a) Intentionally providing false evidence in birth registration; the person registering the birth makes false declarations about the birth;

b) Arbitrarily altering, erasing, or otherwise causing distortion of the content of documents to process birth registration procedures.

3. A fine of from VND 200,000 to VND 500,000 shall be imposed on any of the following acts:

a) Forging or using forged documents to process birth registration procedures;

b) Engaging in other fraudulent acts to obtain birth registration for profit purposes;

c) Forging or borrowing another person's birth certificate to commit acts violating the law.

4. Additional forms of administrative punishment:

Seizure of documents that have been altered, erased, distorted in content, or forged documents in the acts stipulated at point b, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

Requesting competent authorities to revoke issued Birth Certificates and compel registration according to the provisions of the law for acts stipulated at point a, Clause 2, and points a and b, Clause 3 of this Article.

Article 11. Acts violating regulations on marriage registration

1. A fine of from VND 100,000 to VND 300,000 shall be imposed on acts of arbitrarily altering, erasing, or otherwise causing distortion of the content of documents to process marriage registration procedures.

2. A fine from 200,000 VND to 500,000 VND for any of the following acts:

a) Using another person’s documents to process marriage registration procedures;

b) Forging or using forged documents to process marriage registration procedures;

c) Other fraudulent acts when registering marriage.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on acts of making false declarations about marital status to process marriage registration procedures or to obtain a certificate of marital status for other purposes.

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

a) Engaging in illegal matchmaking;

b) Exploiting marriage registration for profit, sexual exploitation, or labor exploitation.

5. Additional forms of punishment:

Seizure of documents that have been altered, erased, distorted in content, or forged documents in the acts stipulated in Clause 1, point b, and point c, Clause 2 of this Article.

6. Measures to remedy consequences:

a) Recovery and revocation of issued Marriage Certificates for acts stipulated in Clause 1, 2, and 3 of this Article;

b) Requesting competent authorities to recover and revoke issued Marriage Certificates and guide the parties to re-register their marriage according to the provisions of the law for acts stipulated in Clause 1 and Clause 2 of this Article but not falling under violations of marriage conditions.

Article 12. Violations concerning the organization and operation of Marriage Support Centers

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on Marriage Support Centers that commit any of the following acts:

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

b) Failing to implement reporting systems, record-keeping, management, and usage of ledgers and forms in accordance with regulations;

c) Failing to publicly announce and collect the correct amount of fees when conducting marriage support activities;

d) Arbitrarily altering, erasing, or engaging in other actions that distort the content of the registration certificate for operations or documents in the application dossier for the issuance of the registration certificate for operations.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on Marriage Support Centers that commit any of the following acts:

a) Forging or using forged documents in the application dossier for the issuance of the registration certificate for operations or the application dossier for the change of operational content, forging the registration certificate for operations, or using a forged registration certificate for operations;

b) Making false declarations to obtain the registration certificate for operations;

c) Operating outside the scope and content of activities recorded in the registration certificate for operations;

d) Failing to register with the competent state agency for changes in operational content, name, or headquarters of the Marriage Support Center;

đ) Coercing supported individuals to pay additional money or other material benefits beyond the stipulated fee;

e) Allowing other individuals or organizations to use their registration certificate for operations.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on Marriage Support Centers that commit any of the following acts:

a) Conducting marriage support activities when the registration certificate for operations has expired or conducting activities without a registration certificate for operations;

b) Conducting marriage support activities with the purpose of sexual abuse, labor exploitation, or other profit-seeking purposes;

c) Engaging in marriage support activities without meeting the required conditions stipulated by law under any form.

4. Additional forms of administrative punishment:

a) Suspension of the right to use the registration certificate for operations for one to three months for the act specified in point d, Clause 1, points c, d, e, Clause 2 of this Article;

b) Permanent suspension of the right to use the registration certificate for operations for the act specified in point b, Clause 3 of this Article;

c) Confiscation of documents that have been altered, erased, distorted, or forged for the acts specified in point d, Clause 1, points a, b, Clause 2 of this Article;

d) Confiscation of illegal profits obtained for the acts specified in points e, đ, Clause 2 and Clause 3 of this Article.

Article 13. Violations concerning death registration

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed on persons responsible for registering the death of a deceased individual who fail to register within the time limit prescribed by law.

2. A fine of VND 100,000 to VND 300,000 shall be imposed on acts of arbitrarily altering, erasing, or engaging in other actions that distort the content of documents to facilitate the death registration process.

3. A fine of VND 200,000 to VND 500,000 shall be imposed on acts of forging or using forged documents or engaging in other fraudulent acts to facilitate the death registration process.

4. A fine of VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Registering the death of a living person for profit;

b) Intentionally falsifying evidence regarding the death of another person.

5. Additional forms of punishment:

Confiscation of documents that have been altered, erased, distorted, or forged for the acts specified in Clause 2, Clause 3 of this Article.

6. Measures to remedy consequences:

Revocation or recommendation for revocation by the competent authority of the Death Certificate issued and guidance for re-registering the death in accordance with the provisions of the law for the acts specified in Clauses 2, 3, 4 of this Article.

Article 14. Acts violating provisions on registration of guardianship; registration of acknowledgment of parentage, adoption, or filiation; changes, corrections to household registration; re-determination of ethnicity; re-determination of gender; supplementation to household registration; adjustment to household registration; issuance of marriage status certificates

a) Building tents, stalls, walls; constructing temporary structures illegally within the protected area of irrigation works;

a) Intentionally providing false evidence;

b) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents for the purpose of processing according to regulations.

2. A fine of from VND 200,000 to VND 500,000 shall be imposed on acts of forging or using forged documents or engaging in other fraudulent acts to process according to regulations with the aim of profiting.

3. Additional forms of punishment:

Seize documents that have been altered, erased, had their content distorted, or are forged as stipulated in point b, Clause 1, and Clause 2 of this Article.

Article 15. Acts violating regulations on management of nationality

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on acts of arbitrarily altering, erasing, or engaging in other acts that distort the content of various types of documents or intentionally declaring false information in applications for naturalization, renunciation, or restoration of Vietnamese nationality; applications for registration of retention of Vietnamese nationality.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on acts of forging or using forged documents to process matters related to nationality.

3. Additional forms of punishment:

Seize documents that have been altered, erased, had their content distorted, or are forged as stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Propose competent authorities to revoke certificates confirming registration of retention of Vietnamese nationality, renunciation, or restoration of Vietnamese nationality as stipulated in Clause 1 and Clause 2 of this Article.

b) Propose competent authorities to annul Decisions granting Vietnamese nationality that have not exceeded five years as stipulated in Clause 1 and Clause 2 of this Article.

Article 16. Acts violating regulations on issuance and use of criminal record certificates, data, and electronic databases on criminal records

1. Warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on acts of arbitrarily altering, erasing, or engaging in other acts that distort the content of documents for the purpose of processing requests for issuance of criminal record certificates.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on acts of forging or using forged documents to process requests for issuance of criminal record certificates.

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

a) Illegally exploiting, using, or destroying criminal record data;

b) Illegally printing, copying, or changing criminal record data;

c) Using another person's criminal record certificate unlawfully;

d) Arbitrarily altering, erasing, or engaging in other acts that distort the content of criminal record certificates; forging criminal record certificates or using forged criminal record certificates.

4. The imposition of administrative penalties for violations in the exploitation of information about criminal records in electronic databases shall be applied according to the provisions of the Decree stipulating administrative penalties in the field of information technology.

5. Additional forms of punishment:

Seize documents that have been altered, erased, had their content distorted, or are forged as stipulated in Clause 1, Clause 2, and point d, Clause 3 of this Article.

6. Measures to remedy consequences:

Propose competent authorities to revoke issued criminal record certificates in cases of violation as stipulated in Clause 1, Clause 2, and point d, Clause 3 of this Article.

Section 4

ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTIES IN NOTARIAL ACTIVITIES

Article 17. Acts violating regulations on notarization of contracts and transactions

1. A fine of VND 500,000 to VND 1,000,000 for acts of deceit and lack of honesty when performing notarization.

2. A fine of VND 1,000,000 to VND 2,000,000 for acts of arbitrarily altering, erasing, or engaging in other acts that distort the content of documents for notarization of contracts and transactions.

3. A fine of VND 2,000,000 to VND 4,000,000 for acts of forging or using forged documents to impersonate a subject to obtain notarization of contracts and transactions.

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

a) Notaries drafting contracts and transactions at the request of the party seeking notarization where the content and intention of the contract or transaction are not genuine, violate laws, or contravene social morals;

b) Performing notarization outside the office of the notary practice organization except in cases where the party seeking notarization is elderly and unable to travel, under temporary detention, imprisonment, serving a prison sentence, or has a legitimate reason preventing them from reaching the office of the notary practice organization;

c) Performing notarization beyond the prescribed time limit;

d) Correcting technical errors in notarized documents without complying with regulations.

5. A fine of VND 5,000,000 to VND 10,000,000 for acts of notaries conducting notarization of real estate contracts and transactions beyond their authority as stipulated in Article 37 of the Notarization Law.

6. Additional forms of punishment:

Seize documents that have been altered, erased, distorted, or are forged as provided for in Clause 2 and Clause 3 of this Article.

7. Measures to remedy consequences:

Invalidate the executed contract or transaction for the act provided for in Point a, Clause 4 of this Article.

Article 18. Acts violating regulations on procedures for notarization of mortgage contracts on real estate, wills, agreements on division of assets, declarations of inheritance acceptance, and declarations of refusal to accept inheritance and retention of wills

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Conducting notarization of mortgage contracts on real estate outside the province or centrally-administered city where one of the real estates is located and where the notary practice organization has its headquarters;

b) Failing to comply with regulations on notarization for real estate that has been mortgaged to secure the performance of an obligation and a mortgage contract that has been notarized but subsequently notarized again to secure another obligation.

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

a) Conducting notarization of wills for individuals who are not the testator or the testator suffers from mental illness or another disease that prevents them from recognizing and controlling their actions or when there is evidence suggesting that the will was made under deception, threat, or coercion;

b) Conducting notarization of agreements on division of assets without verifying the authenticity of land use rights and ownership of property left by the deceased or without verifying to confirm that the party seeking notarization is entitled to inherit or when there is evidence suggesting that leaving and inheriting the asset does not comply with the law;

c) Notaries retaining wills failing to seal the will in front of the testator, failing to issue a receipt for retention, and failing to hand over the receipt to the testator;

d) Notary practice organizations retaining wills before dissolution or cessation of operations without agreeing with the testator on transferring the retention to another notary practice organization or returning the will and retention fees to the testator if agreement cannot be reached.

3. Additional forms of punishment:

Suspension of the Notary License for six to twelve months for acts provided for in Clause 1, Point a, b, c Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel compliance with legal regulations for notarization for acts provided for in Point b Clause 1, Point c, d Clause 2 of this Article.

b) Revoke the notarized document for acts provided for in Point a, b Clause 2 of this Article.

Article 19. Acts violating regulations on documents and procedures for requesting the supplementation of notaries

Clause 1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of arbitrarily altering, erasing, or engaging in other acts that distort the content of original documents issued by competent authorities in the application dossier for the appointment of Notaries, issuance of Notary Cards.

Clause 2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of forging Notary Cards, using forged Notary Cards; forging or using false documents in the application dossier for the appointment of notaries.

3. Additional forms of punishment:

Seize the documents, Notary Cards that have been altered, erased, or whose contents have been distorted, or false documents, Notary Cards for the acts stipulated in Clauses 1 and 2 of this Article.

Article 20. Acts violating the obligations of Notaries

c) Reporting quantities of goods entering, exiting, and remaining in transit ports;

a) Disclosing information on notarized documents without the written consent of the holder of the document except where otherwise provided by law;

b) Using information or notarized documents to infringe upon the legitimate rights and interests of others;

c) Harassing or causing difficulties for persons requesting notarization;

d) Refusing to notarize contracts or transactions without a valid reason.

Clause 2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following acts:

a) Receiving or demanding any amount of money or other benefits from the person requesting notarization beyond the notarization fee, remuneration for notarization, and other costs already determined and agreed upon;

b) Performing notarization in cases where the purpose and content of the contract or transaction violate the law or social morals;

c) Performing notarization in cases involving assets or interests related to oneself or close relatives such as spouse, biological parents, parents-in-law, adoptive parents, biological children, adopted children, daughters-in-law, sons-in-law, paternal grandparents, maternal grandparents, full siblings, children of one's son or daughter, adopted children;

d) Using another person’s Notary Card or allowing another person to use one’s own Notary Card to practice notarization;

đ) Practicing notarization under any form without meeting the conditions for practicing notarization as prescribed by law.

3. Additional forms of punishment:

Revoking the right to use the Notary Card for a period of six to twelve months for the acts stipulated at point a, c, and d of Clause 2 of this Article; revoking the right to use the Notary Card indefinitely for the act stipulated at point b of Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the performance of notarization of contracts or transactions for the act stipulated at point d of Clause 1 of this Article;

b) Compelling the return of the amount of money or other benefits for the act stipulated at point a of Clause 2 of this Article.

c) Recovering the notarized document for the act stipulated at point c of Clause 2 of this Article.

Article 21. Acts violating the operations of notary organizations

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

a) Failing to publish or publishing incompletely or insufficiently the content and number of times required by law regarding the registration of activities of notary organizations;

b) Violating the provisions on reporting systems as required by state agencies with authority; failing to report in writing to the Department of Justice where the organization is registered in case of termination of contracts as prescribed by law; failing to establish, manage, and use various types of ledgers and forms as prescribed;

c) Failing to display the working schedule, notarization procedures, notarization fees, remuneration for notarization, and rules for receiving persons requesting notarization at the headquarters of the notary organization;

d) Failing to operate fully according to the administrative working hours and days;

đ) Violating the provisions on the storage of notarization files.

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

a) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents in the application dossier for registration of activities, application dossier for changes in activity content, decision to allow establishment of Notary Offices, Registration Certificate;

b) The Notary Office does not purchase professional liability insurance for its notaries as prescribed by law on insurance business.

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

a) Forging or using false documents in the application dossier for registration of activities, application dossier for changes in activity content, decision to allow establishment of Notary Offices, Registration Certificate;

b) Failing to register activities with the competent authority regarding the operation of notary organizations;

c) Failing to register or announce changes in the content of registration, name, and operating location of notary organizations;

d) Operating outside the scope of registered activities, name, and operating location of notary organizations;

đ) Operating notarization under any form without meeting the conditions for operating notarization as prescribed by law.

4. Additional forms of administrative punishment:

Seizing the documents that have been altered, erased, or whose contents have been distorted, or false documents for the acts stipulated at point a of Clause 2 and point a of Clause 3 of this Article.

5. Measures to remedy consequences:

Compelling compliance with the provisions of law for the acts stipulated at Clause 1, point b, c, and đ of Clause 3 of this Article.

Section 5

ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTIONS IN LEGAL APPRAISAL ACTIVITIES

Article 22. Violations by forensic experts

1. A warning or a fine from 200,000 VND to 500,000 VND shall be imposed on forensic experts who commit any of the following violations:

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

b) Failing to appear at the summons issued by the judicial authority without a legitimate reason;

c) Failing to promptly and fully record the entire process of the examination in writing.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Conducting a forensic examination when not meeting the conditions prescribed by law;

b) Failing to properly store samples and materials related to the examination case as prescribed by law;

c) Disclosing the results, information, and materials related to the examination;

d) Failing to retain the written records of the examination process in the examination file;

đ) Altering, erasing, or engaging in other acts that distort the content of the appointment request for an examiner without authorization;

e) Using another person's Forensic Examiner Card or allowing another person to use their Forensic Examiner Card to practice examination.

3. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on forensic experts who commit any of the following violations:

a) Exploiting their examination activities for personal gain;

b) Disclosing investigative secrets known to them while participating in criminal proceedings as a forensic expert; disclosing confidential information known to them during the examination of other cases;

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

d) Intentionally issuing a false examination conclusion;

đ) Fabricating or using forged documents in the appointment request for an examiner;

e) Altering, erasing, or engaging in other acts that distort the examination report;

g) Deliberately conducting an examination in a situation where they must refuse to examine according to the regulations;

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

i) Conducting an examination in any form without meeting the conditions prescribed by law.

4. Additional forms of administrative punishment:

a) Seizure of altered, erased, distorted content, or forged documents for the violation stipulated in point đ Clause 2, point đ Clause 3 of this Article;

b) Seizure of illegal profits obtained for the violation stipulated in point a Clause 3 of this Article;

c) Suspension of the right to use the Forensic Examiner Card for a period of three to six months for the violations stipulated in points a, b, d, g Clause 3 of this Article.

Chapter 6

ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTIONS IN THE PRACTICE OF LEGAL PROFESSION AND LEGAL ADVICE

AND LEGAL ADVICE

Article 23. Violations concerning the application dossier for issuance of Lawyer Practice Certificate, Individual Lawyer Registration Certificate, Foreign Lawyer Practice Permit in Vietnam

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on any of the following acts:

a) Unauthorized alteration, erasure, or engagement in other acts that distort the content of documents in the application dossier for issuance of Lawyer Practice Certificate, Individual Lawyer Registration Certificate, Foreign Lawyer Practice Permit in Vietnam;

b) Unauthorized alteration, erasure, or engagement in other acts that distort the content of Lawyer Practice Certificate, Individual Lawyer Registration Certificate, Foreign Lawyer Practice Permit in Vietnam.

2. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed on the act of fabricating or using forged documents in the application dossier for issuance of Lawyer Practice Certificate, Individual Lawyer Registration Certificate, Foreign Lawyer Practice Permit in Vietnam.

3. Additional forms of punishment:

Seizure of forged documents and materials used to carry out the violations stipulated in Clauses 1, 2 of this Article.

Article 24. Acts violating regulations in the practice of lawyers

1. A warning or a fine from VND 500,000 to VND 1,000,000 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) Failing to notify in writing the competent authority or Bar Association about obtaining a Lawyer Registration Certificate for individual practice; changing the registered practice content;

c) Individual practicing lawyers failing to comply with reporting requirements regarding organizational activities as prescribed; failing to establish, manage, and use books and forms as prescribed.

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

a) Individual practicing lawyers engaging in practice outside the scope specified in their Lawyer Registration Certificate;

b) Simultaneously establishing or participating in establishing two or more law practice organizations;

c) Allowing others to use their Legal Practice Certificate, Lawyer Registration Certificate for individual practice, or Foreign Lawyer's Practice Permit in Vietnam to engage in legal practice;

d) Using another person’s Legal Practice Certificate; Lawyer Registration Certificate for individual practice, or Foreign Lawyer's Practice Permit in Vietnam to engage in legal practice;

đ) Transferring a case they have accepted to another lawyer without the client's consent, except in cases of force majeure.

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

a) Providing legal services without a written contract or having a contract but its contents do not comply with regulations;

b) Harassing, deceiving, or coercing clients to pay additional money or material benefits beyond the agreed remuneration and expenses in the legal service contract;

c) Refusing to provide free legal aid as required by law when requested;

d) Unauthorizedly altering, erasing, or otherwise distorting the content of the Participation in Litigation Certificate, Foreign Lawyer's Practice Permit in Vietnam, or Individual Lawyer's Practice Permit;

đ) Forging the Participation in Litigation Certificate, Foreign Lawyer's Practice Permit in Vietnam, or Individual Lawyer's Practice Permit;

e) Individual practicing lawyers failing to register their practice with the competent authority; failing to purchase professional liability insurance as prescribed by insurance laws;

g) Engaging in practice without obtaining an Individual Lawyer's Practice Permit or Foreign Lawyer's Practice Permit in Vietnam;

h) Engaging in practice outside the scope specified in the Individual Lawyer's Practice Registration Certificate;

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

a) Providing legal services to clients with conflicting interests in the same matter;

b) Intentionally providing false or inaccurate evidence;

c) Inciting clients to make false statements or inciting clients to file complaints, accusations, or lawsuits contrary to the law;

d) Disclosing information about cases, clients known during practice, except where the client has given written consent or there are other legal provisions;

đ) Connecting or associating with litigation process personnel, participants, or other officials to violate legal regulations in handling cases;

e) Misusing the profession of lawyer or the title of lawyer to negatively impact national security, public order, social safety, infringing upon state interests, public interest, legitimate rights and interests of agencies, organizations, or individuals;

g) Foreign lawyers engaging in practice outside the prescribed form of foreign lawyer practice;

h) Foreign lawyers providing legal advice on Vietnamese law without a Vietnamese bachelor's degree in law and failing to meet all similar requirements as Vietnamese lawyers;

i) Foreign lawyers participating in litigation as defense counsel, representatives of parties' interests, agents, or defenders of parties' legitimate rights and interests before Vietnamese judicial bodies;

k) Foreign lawyers practicing in Vietnam after their Foreign Lawyer's Practice Permit in Vietnam has expired;

l) Practicing as a lawyer under any form without meeting the conditions prescribed by law;

5. Additional forms of punishment:

a) Revoking the right to use the Legal Practice Certificate, Individual Lawyer's Practice Permit, or Foreign Lawyer's Practice Permit in Vietnam for six months to one year for acts stipulated in points a, b, c Clause 2, point b, h Clause 3, points a, b, c, đ Clause 4 of this Article. Revoking the right to use the Legal Practice Certificate, Individual Lawyer's Practice Permit, or Foreign Lawyer's Practice Permit in Vietnam indefinitely for acts stipulated in points e, g Clause 4 of this Article;

b) Seizing altered, erased, distorted, or forged documents for acts stipulated in points d, đ Clause 3 of this Article;

6. Measures to remedy consequences:

a) Compelling compliance with legal regulations for acts stipulated in points c, e Clause 3 of this Article;

b) Compelling the return of illegally obtained profits for acts stipulated in point b Clause 3 of this Article.

Article 25. Acts violating provisions on the activities of legal practice organizations

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on a legal practice organization that commits one of the following acts:

a) Not notifying in writing or not notifying within the prescribed time limit the competent authority and the Bar Association about establishing a foreign-based legal practice office; ceasing operations of a foreign-based legal practice office;

b) Registering changes to the registration content with the competent authority not in accordance with the prescribed time limit.

c) Not notifying in writing or not notifying within the prescribed time limit the competent authority and the Bar Association after obtaining the Registration Certificate for the legal practice organization's operation, temporarily suspending and resuming the operation of the legal practice organization; ceasing operations of the legal practice organization; the Branch Registration Certificate of the legal practice organization; changes to the registration content of the legal practice organization; changes to the Branch registration content; the address of the Transaction Office;

d) Not implementing the reporting system in accordance with regulations on the situation of organizational activities; not establishing, managing, and using various types of ledgers and forms as prescribed;

đ) Not publishing or publishing incorrectly the content, time, number of times, and form of publication as prescribed for the registration content, changes to the registration content of the legal practice organization;

e) Arbitrarily altering, erasing, or engaging in other acts that distort the content of the Registration Certificate for the legal practice organization, the Branch Registration Certificate of the legal practice organization.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on a legal practice organization that commits one of the following acts:

a) Fabricating or using forged documents in the application dossier for registration of activities, the application dossier for changes to the registration content of the legal practice organization, Branch of the legal practice organization; the application dossier for granting permission to establish a branch, foreign law firm in Vietnam; the permission to establish a branch of a foreign law firm in Vietnam;

b) Allowing a person who is not a lawyer to perform legal practice activities under the name of their legal practice organization;

c) Operating outside the scope of practice specified in the Registration Certificate for the legal practice organization, the establishment permit of the Branch, foreign law firm in Vietnam or operating at a location other than the registered location; not having a signboard or using a signboard contrary to the provisions of the law;

d) The Transaction Office of the legal practice organization providing legal services;

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

e) Not allowing or not creating conditions for lawyers of their organization to provide free legal aid;

g) Not purchasing professional liability insurance for lawyers of their organization as prescribed by the law on insurance business.

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

a) Collecting attorney fees not in accordance with the law or the signed legal service contract;

b) Allowing another individual or organization to use the Registration Certificate for activities, establishment permit, Branch Registration Certificate, foreign law firm registration certificate in Vietnam to engage in legal practice;

c) Permitting another individual or organization to provide legal services at their Transaction Office;

d) Changing the activity content of the legal practice organization; Branch, foreign law firm when not reissued the Registration Certificate as prescribed;

đ) Foreign law firm branches practicing in Vietnam appointing foreign lawyers to participate in litigation as defense counsel, representatives of the interests of parties, representatives, defenders of the legitimate rights and interests of parties before Vietnamese judicial authorities.

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

a) Engaging in legal practice without meeting the conditions prescribed by law;

b) Not registering activities with the competent authority regarding the activities of the legal practice organization; Branch of the legal practice organization; Branch, foreign law firm; Branch of a foreign law firm in Vietnam;

c) Operating without being granted a Registration Certificate;

d) Exploiting legal practice activities to negatively impact national security, public order, social safety, infringing upon the interests of the State, public interests, rights, and legitimate interests of agencies, organizations, and individuals.

5. Additional forms of punishment:

a) Confiscation of documents that have been altered, erased, or whose content has been distorted or forged documents for the act prescribed in point e Clause 1, point a Clause 2 of this Article;

b) Revocation of the right to use the Registration Certificate for three to six months for the acts prescribed in points b, c Clause 2, points b, c Clause 3, point b Clause 4 of this Article. Revocation of the right to use the Registration Certificate indefinitely for the act prescribed in point d Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling compliance with the provisions of the law for the acts prescribed in points a, b, c, d, đ Clause 1, points đ, e Clause 2 of this Article;

b) Compelling the return of improperly collected funds for the act prescribed in point a Clause 3 of this Article.

Article 26. Violations concerning state management regulations of social-professional organizations of lawyers

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

a) Not reporting to the competent authority about the Project for organizing the Term Congress, the plan for establishing the Board of Directors, the Reward and Disciplinary Council for the new term before organizing the Term Congress;

b) Not sending to the competent authority the report on the results of the Term Congress, other documents as prescribed, and the report on the results of the Term Congress for the removal and election of new or replacement Chairperson, and supplementary election of members of the Board of Directors, the Reward and Disciplinary Council for approval by the competent authority within its jurisdiction;

c) Not submitting annual reports on the organizational and operational situation of social-professional organizations of lawyers to the competent authority and social-professional organizations of lawyers.

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

a) Not assigning the organization of practicing lawyers to assign a lawyer or directly assign a lawyer to participate in litigation proceedings as requested by the prosecution agency;

b) Not sending to the competent authority the provisions, decisions, resolutions adopted by the social-professional organization of lawyers;

c) Not sending to the competent authority the file requesting approval of the charter as prescribed;

d) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents in the file requesting approval of the charter, the file requesting approval of the results of the Congress.

3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Fabricating or using forged documents in the file requesting approval of the charter, the file requesting approval of the results of the Congress;

b) Exploiting the name of the social-professional organization of lawyers to adversely affect national security, public order, social safety, infringe upon the interests of the State, public interest, rights, and legitimate interests of agencies, organizations, and individuals.

4. Additional forms of administrative punishment:

Seize documents that have been altered, erased, distorted in content, or forged documents for the act stipulated in point d, Clause 2, point a, Clause 3 of this Article.

Article 27. Violations concerning the organization and operation of Legal Consultation Centers, Branches of Legal Consultation Centers

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

a) Not posting the fee rates for legal consultation services at the headquarters of the Center as prescribed;

b) Failing to implement reporting systems, record-keeping, management, and usage of ledgers and forms in accordance with regulations;

c) Not notifying in writing the competent authority of changes in registration content; setting up Branches of Legal Consultation Centers; changing headquarters, Director of the Center, Head of Branch, Legal Consultant, Lawyer; terminating the operation of Legal Consultation Centers, Branches.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Assigning persons who are not legal consultants or lawyers to work under labor contracts with the Legal Consultation Center, legal consultation volunteers to provide legal consultation services;

b) Assigning persons who do not comply with regulations to participate in litigation proceedings to defend, represent, protect the legitimate rights and interests of individuals and organizations seeking legal consultation services for cases handled by the Center;

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

a) Providing legal consultation services without being issued a Registration Certificate for Operation;

b) Not terminating the signed labor contracts with lawyers, volunteers, and staff of the Center; completing ongoing cases before the termination of operations;

c) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents in the file requesting issuance of the Registration Certificate for Operation or the Registration Certificate for Operation.

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

a) Fabricating or using forged documents in the file requesting issuance of the Registration Certificate for Operation or the Registration Certificate for Operation;

b) Inciting individuals or organizations seeking legal consultation services to provide false information, make complaints, accusations, or initiate lawsuits contrary to the law.

5. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Not registering the operation of Legal Consultation Centers; Branches of Legal Consultation Centers with the competent authority as prescribed;

b) Exploiting legal consultation activities for personal gain; causing disorder and disruption to public order and social safety; adversely affecting national morals and customs; infringing upon the interests of the State, the rights, and legitimate interests of individuals and organizations;

c) Allowing other individuals or organizations to use their Registration Certificate for Operation;

d) Operating outside the scope of practice recorded in the Registration Certificate for Operation or operating outside the registered headquarters; lacking signage or using signage contrary to the provisions of the law;

đ) Allowing other individuals or organizations to operate legal consultation under the name of their organization;

e) Engaging in legal consultation activities in any form without meeting the conditions prescribed by law;

6. Additional forms of punishment:

a) Seize documents that have been altered, erased, distorted in content, or forged documents for the act stipulated in point c, Clause 3, point a, Clause 4 of this Article;

b) Revoking the right to use the Registration Certificate for Operation from three months to six months for the act stipulated in point b, Clause 4, points c, đ, Clause 5 of this Article. Revoking the right to use the Registration Certificate for Operation indefinitely for the act stipulated in point b, Clause 5 of this Article.

7. Measures to remedy consequences:

Compel compliance with the provisions for the acts stipulated in Clause 1, 2, point b, Clause 3, point a, Clause 5 of this Article;

Article 28. Acts violating regulations in legal advisory activities of legal advisors

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the following acts:

a) Intentionally providing illegal advice.

b) Demanding additional money or other material benefits outside the remuneration that the Legal Advisory Center has collected;

c) Taking advantage of the name of the Legal Advisory Center, misusing the name of a legal advisor, lawyer, or legal advisor collaborator to provide legal advice for personal gain or to conduct other illegal activities;

d) Arbitrarily altering, erasing, or engaging in other acts that distort the content of the Legal Advisor Card or documents in the application file for the Legal Advisor Card.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for the following acts:

a) Counterfeiting the Legal Advisor Card, using a counterfeit Legal Advisor Card; counterfeiting or using fake documents in the application file for the Legal Advisor Card;

b) Inciting individuals or organizations seeking legal advice to provide false information, materials, file complaints, accusations, or lawsuits contrary to the law;

c) Exploiting legal advisory activities for profit; causing disorder, disrupting social safety, adversely affecting national morals and customs, infringing upon the interests of the State, the rights, and legitimate interests of individuals and organizations;

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

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

e) Engaging in legal advisory activities under any form without meeting the conditions stipulated by law.

3. Additional forms of punishment:

a) Confiscate the unlawful profits obtained from the acts specified in point b and c, Clause 1 of this Article;

b) Revoke the right to use the Legal Advisor Card, Lawyer Practice Certificate for a period of three to six months for the acts specified in points a, b, c, Clause 1, points b, d, đ, Clause 2 of this Article. Revoke the right to use the Legal Advisor Card, Lawyer Practice Certificate indefinitely for the act specified in point c, Clause 2 of this Article;

c) Confiscate the documents, Legal Advisor Cards that have been altered, erased, or distorted in content or counterfeit documents, Legal Advisor Cards for the acts specified in point b, Clause 1, point a, Clause 2 of this Article.

4. Measures to remedy consequences:

Compel the return of the money or other material benefits for the acts specified in points b and c, Clause 1 of this Article.

Section 7

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF PENALTIES IN AUCTION ACTIVITIES

Article 29. Violations of the procedures and formalities for auctioning assets

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 implement or failing to implement correctly the provisions on publicizing the auction of assets, viewing auctioned assets;

b) Engaging in fraudulent acts to participate in or allowing others to participate in the auction contrary to the provisions on persons not allowed to bid;

c) Obstructing or creating difficulties for those registering to participate in the auction during the registration period for purchasing auctioned assets;

d) Creating a fictitious list of those registered to purchase auctioned assets;

đ) Failing to record the auction proceedings or failing to record the auction results in the auction registration book;

e) Failing to properly store auctioned assets in accordance with the law.

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

a) Providing inaccurate or untruthful information or necessary documents related to auctioned assets;

b) Failing to implement or implementing incorrectly the provisions on determining the starting price of auctioned assets;

c) Failing to implement or implementing incorrectly the legal provisions on appraising auctioned assets when such appraisal is required by law;

d) Collecting advance payment from bidders not in accordance with the provisions;

đ) Not displaying or limiting the viewing of auctioned assets, auction asset files before the auction date.

3. Additional forms of punishment:

Confiscate the unlawful profits obtained from the acts specified in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Invalidate the auction results for the acts specified in points b and d, Clause 1, points b and c, Clause 2 of this Article;

b) Compel the return of the excess advance payment for the act specified in point d, Clause 2 of this Article.

Article 30. Violations by Participants in Auctions of Assets

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for fraudulent acts concerning participation conditions in auctions of assets, except for the acts specified in point b, Clause 1 of Article 29 of this Decree.

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

3. Measures to remedy consequences:

The auction results shall be annulled for the acts specified in Clauses 1 and 2 of this Article.

Article 31. Violations Regarding the Use of Auctioneer Cards

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

a) Allowing another person to use one's own Auctioneer Card to conduct an auction sale or using one's own Auctioneer Card to conduct an auction sale at an organization without the authority to conduct auction sales;

b) Using another person's Auctioneer Card to conduct an auction sale or conducting an auction sale without an Auctioneer Card, except where otherwise provided by law;

c) Counterfeiting an Auctioneer Card, using a counterfeit Auctioneer Card; counterfeiting or using false documents in the application for issuance of an Auctioneer Card;

d) Arbitrarily altering, erasing, or engaging in other acts that distort the content of an Auctioneer Card or documents in the application for issuance of an Auctioneer Card.

2. Additional forms of punishment:

a) Suspension of the right to use the Auctioneer Card for a period of from three months to six months for the act specified in point a, Clause 1 of this Article;

b) Confiscation of unlawful profits obtained for the act specified in point b, Clause 1 of this Article;

c) Confiscation of altered, erased, distorted content documents or counterfeit Auctioneer Cards for the acts specified in points c and d, Clause 1 of this Article.

Article 32. Violations by Organizations with the Authority to Conduct Auction Sales of Assets

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

a) The auction service center and auction asset business enterprises implement reporting systems, record-keeping, management, or use of books and forms not in accordance with regulations;

b) Failure to notify the competent authority at the main office location of the enterprise about registration for auction services.

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

a) An agency or organization without the authority to conduct auction sales of assets according to the law still conducts an auction sale of assets;

b) The auction service center and auction asset business enterprises without auctioneers still conduct an auction sale of assets;

c) Collecting fees not in accordance with the provisions of the law;

d) Permitting individuals or organizations to conduct auction sales under their name.

3. Measures to remedy consequences:

a) Compel compliance with the provisions for the acts specified in points a and b, Clause 1 of this Article;

b) Compel repayment of funds collected in violation of the provisions for the acts specified in points a, b, and c, Clause 2 of this Article;

c) Annul the auction results for the act specified in point b, Clause 2 of this Article.

Section 8

ADMINISTRATIVE VIOLATIONS AND PENALTIES IN COMMERCIAL ARBITRATION ACTIVITIES

Article 33. Violations Concerning the Organization and Activities of Arbitration Centers and Arbitrators

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

a) Failure to implement reporting systems, record-keeping, management, and use of books and forms as prescribed;

b) Failure to notify in writing changes in the Chairman of the Arbitration Center, the location of the headquarters, or the list of arbitrators of the Arbitration Center, establishment or cessation of branch offices or representative offices, to the competent authorities within the prescribed time limit.

Clause 2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following acts:

a) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents in the application for establishment registration, application for issuance of operation registration certificates, establishment permits, or operation registration certificates;

b) Not publishing or publishing incorrectly or incompletely the required number of times when establishing an Arbitration Center or setting up branch offices or representative offices of the Arbitration Center; failing to post or posting incompletely the list of arbitrators and major information about the Arbitration Center as prescribed.

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

a) Operating contrary to the content recorded in the establishment permit of the Arbitration Center; amending or supplementing the charter of the Arbitration Center without approval from the Ministry of Justice;

b) Operating without an operation registration certificate or with an expired operation registration certificate;

c) Allowing other individuals or organizations to use their Registration Certificate for Operation;

d) Failing to publicly announce the cessation of operations and complete the cessation procedures with the competent authorities as prescribed;

đ) Counterfeiting or using false documents in the application for issuance of establishment permits, applications for issuance of change activity registration certificates, establishment permits, or operation registration certificates of the Arbitration Center;

e) Failing to register changes in the content of the establishment permit at the Department of Justice where the Arbitration Center has registered its activities within the prescribed time limit;

g) Failing to establish arbitration rules or having arbitration rule contents that contravene the law;

h) Failing to properly store arbitration files;

i) Failing to provide copies of arbitration decisions upon request of the disputing parties or competent state agencies;

k) Failing to remove the name of an arbitrator from the list of arbitrators of the Arbitration Center when the arbitrator seriously violates the charter of the Arbitration Center or the law;

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

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

b) Coercing customers to pay additional money or material benefits beyond the stipulated fee;

c) Engaging in arbitration activities without meeting the conditions prescribed by law in any form.

5. Additional forms of punishment:

a) Confiscation of altered, erased, distorted content documents or counterfeit documents for the acts specified in point a, Clause 2, and point đ, Clause 3 of this Article;

b) Suspension of the right to use the establishment permit and operation registration certificate of the Arbitration Center for a period of from three months to six months for the act specified in point a, Clause 3 of this Article; suspension of the right to use the Arbitrator Card for a period of from three months to six months for the act specified in point c, Clause 3 of this Article.

6. Measures to remedy consequences:

a) Compel compliance with the provisions of the law for the acts specified in Clause 1, point b, Clause 2, points d, e, g, h, i, and k, Clause 3 of this Article;

b) Compel the recovery of the unlawful gains resulting from the act prescribed in point b, Clause 4 of this Article.

Section 9

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF ADMINISTRATIVE SANCTIONS IN THE ACTIVITIES OF SPREADING AND LEGAL EDUCATION

Article 34. Violations concerning the obligations of legal reporters, legal propagandists, and mediators

1. Warning or a fine of VND 200,000 to VND 500,000 for the act of exploiting the status of a legal reporter, legal propagandist, or mediator to carry out activities not assigned with the aim of personal gain.

2. A fine of VND 1,000,000 to VND 2,000,000 for a legal reporter or legal propagandist who exploits the activities of spreading and legal education to incite or cause harm to national security, political stability, social order and safety, cultural traditions, morality, and customs of the nation but does not reach the level of criminal prosecution.

3. Additional forms of punishment:

Suspension of the right to use the Legal Reporter Card, Legal Propagandist Card for three to six months for the act prescribed in Clause 1 of this Article; suspension of the right to use the Legal Reporter Card, Legal Propagandist Card indefinitely for the act prescribed in Clause 2 of this Article.

Section 10

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF ADMINISTRATIVE SANCTIONS IN LEGAL ASSISTANCE ACTIVITIES

Article 35. Violations by persons receiving legal assistance

1. Warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Intentionally providing false information, documents, evidence about legal assistance cases causing serious consequences;

b) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents to meet the conditions for being a person receiving legal assistance.

2. A fine of VND 500,000 to VND 1,000,000 for the act of forging or using forged documents to meet the conditions for being a person receiving legal assistance.

3. Additional forms of punishment:

Seize documents that have been altered, erased, had their content distorted, or are forged as stipulated in point b, Clause 1, and Clause 2 of this Article.

Article 36. Violations by persons providing legal assistance

c) Reporting quantities of goods entering, exiting, and remaining in transit ports;

a) Using the Legal Assistance Volunteer Card, Legal Assistant Card, or exploiting the status of a legal assistance volunteer to carry out activities not assigned with the aim of personal gain;

b) Using another person's Legal Assistance Volunteer Card, Legal Assistant Card or allowing another person to use their own Legal Assistance Volunteer Card, Legal Assistant Card to provide legal assistance with the aim of personal gain;

c) Accepting money or demanding other benefits from the person receiving legal assistance in any form;

d) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents to meet the conditions for being a person providing legal assistance.

Clause 2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following acts:

a) Disclosing information about legal assistance cases, about the person receiving legal assistance contrary to regulations causing serious consequences;

b) Intentionally providing false evidence; inciting the person receiving legal assistance to give false statements or file complaints, accusations, or lawsuits without grounds or contrary to the law;

c) Not refusing or continuing to provide legal assistance in cases where the law requires refusal or discontinuation of legal assistance;

d) Exploiting legal assistance activities to disrupt social order and safety, negatively affecting morality, customs, and traditions of the nation, infringing upon the interests of the State, the rights, and legitimate interests of organizations and individuals;

e) Providing legal assistance to two or more persons receiving legal assistance with opposing interests in the same case except in mediation or legal consultation;

f) Forging or using forged documents to meet the conditions for being a person providing legal assistance or a legal assistance volunteer;

g) Harassing, delaying, or creating difficulties for the person receiving legal assistance or prolonging the time for providing legal assistance;

h) Making prior promises about the outcome of the case or engaging in acts that affect the requirements and quality of legal assistance cases;

i) Providing legal assistance in any form without meeting the conditions stipulated by law.

3. Additional forms of punishment:

a) Suspension of the right to use the Legal Assistant Card, Legal Volunteer Card for three to six months for the acts prescribed in points a, b of Clause 1, points a, b of Clause 2 of this Article. Suspension of the right to use the Legal Assistant Card, Legal Volunteer Card indefinitely for the act prescribed in point d of Clause 2 of this Article;

b) Confiscation of altered, erased, distorted content documents or forged documents for the acts prescribed in point d of Clause 1, point e of Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel public apology for the act prescribed in point a of Clause 2 of this Article;

b) Compel repayment of the amount received for the act prescribed in point c of Clause 1 of this Article;

c) Compel compliance with the provisions of the law for the act prescribed in point c of Clause 2 of this Article.

Article 37. Violations by organizations implementing legal aid and other related agencies, organizations, and individuals

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

a) Failing to report, establish, manage, and use various types of ledgers, forms as prescribed;

b) Failing to notify as required when ceasing operations;

c) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents in the application dossier for registration to participate in legal aid, the application dossier for changing the content of registration to participate in legal aid, or the Legal Aid Participation Registration Certificate.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the following violations:

a) Establishing an organization to implement legal aid illegally;

b) Failing to provide legal aid to subjects and cases within the scope, form, and field of law recorded in the Legal Aid Participation Registration Certificate when requested;

c) Providing legal aid not in accordance with the registered content or after the Legal Aid Participation Registration Certificate has been revoked;

d) Providing legal aid without registering participation in legal aid as prescribed or failing to register changes to the content of the Legal Aid Participation Registration Certificate;

đ) Failing to transfer the legal aid case file to the local State Legal Aid Center at the place of registration to participate in legal aid upon cessation of activities;

e) Forging or using forged documents in the application dossier for registration to participate in legal aid, the application dossier for changing the content of registration to participate in legal aid, or the Legal Aid Participation Registration Certificate;

g) Exploiting legal aid club activities to incite division among community solidarity, disrupt social order and safety, adversely affect national customs and morals, and infringe upon state interests, lawful rights and interests of individuals and organizations;

h) Intentionally providing false information, materials, or evidence about legal aid cases;

i) Exploiting legal aid activities to disrupt social order and safety, adversely affect national customs and morals, and infringe upon state interests, lawful rights and interests of organizations and individuals.

3. Additional forms of punishment:

a) Seizure of documents that have been altered, erased, distorted, or forged as provided in point c, Clause 1, and point e, Clause 2 of this Article;

b) Suspension of the right to use the Legal Aid Participation Registration Certificate for three to six months for the violation provided in point c, Clause 2 of this Article. Suspension of the right to use the Legal Aid Participation Registration Certificate indefinitely for the violation provided in points g and i, Clause 2 of this Article.

4. Measures to remedy consequences:

Compel compliance with the provisions of the law for the violations provided in points a and b, Clause 1, and points b and đ, Clause 2 of this Article.

Section 11

ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTIES IN REGISTRATION OF SECURITY TRANSACTIONS

Article 38. Violations in registration of security transactions

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for arbitrarily altering, erasing, or engaging in other acts that distort the content of certificates, information-providing documents issued by the registration agency, or requests already certified by the registration agency.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for forging signatures of persons entitled to request registration in the registration request or notification document; forging or using forged documents in the security transaction registration dossier.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for forging or using forged documents that are certificates or information-providing documents issued by the registration agency or requests certified by the registration agency.

4. Additional forms of administrative punishment:

Seizure of documents that have been altered, erased, distorted, or forged as provided in Clause 2 of this Article.

5. Measures to remedy consequences:

Request the competent authority to cancel the registration of security transactions for the violations provided in Clauses 1, 2, and 3 of this Article.

Article 39. Violation of provisions on extracting information from the electronic database on secured transactions

The penalties for administrative violations in the extraction of information on registration of secured transactions in the electronic database shall be applied in accordance with the provisions of the Decree stipulating administrative penalties in the field of information technology.

Section 12

ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTIES IN THE ACTIVITY OF ADOPTION

Article 40. Administrative violations concerning adoption by individuals

1. Warning or a fine of from VND 50,000 to VND 100,000 for the act of giving or receiving an adoptive child without completing the registration procedures as prescribed by law.

2. A fine from 200,000 VND to 500,000 VND for any of the following acts:

a) Implementing the act of giving or receiving an adoptive child when the competent state agency has issued a document refusing such adoption;

b) Arbitrarily altering, erasing, or engaging in other acts that distort the content of documents for the purpose of registering the act of giving or receiving an adoptive child.

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

a) Making false declarations to register for adoption;

b) Forging or using forged documents for the purpose of registering the act of giving or receiving an adoptive child.

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

a) Inducing, bribing, coercing, or threatening to obtain the consent of persons authorized to give their consent for a child to be adopted;

b) Exploiting the act of giving, receiving, or introducing a child for adoption for personal gain;

c) Engaging in illegal brokerage services for the act of giving or receiving an adoptive child.

5. Additional forms of punishment:

a) Seizing documents that have been altered, erased, distorted in content, or forged in relation to the acts specified in point b, Clause 2, point b, Clause 3 of this Article;

b) Seizing unlawful profits obtained in relation to the acts specified in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Annulment or requesting the competent authority to annul the decision on adoption in relation to the acts specified in point a, Clause 3, points a and b, Clause 4 of this Article;

b) Compelling compliance with the provisions of the law in relation to the acts specified in Clause 1, point a, Clause 2 of this Article.

Article 41. Administrative violations concerning adoption by foreign adoption offices in Vietnam

1. A fine of from VND 2,000,000 to VND 3,000,000 for foreign adoption offices implementing any of the following acts:

a) Not implementing reporting requirements; not establishing, managing, or using various types of ledgers, forms as prescribed;

b) Arbitrarily altering or erasing content in the application dossier for a license;

c) Not notifying in writing the competent state agency within the prescribed time limit regarding the termination of a contract.

2. A fine of from VND 5,000,000 to VND 10,000,000 for foreign adoption offices implementing any of the following acts:

a) Changing the office's headquarters or head without permission from the competent authority;

b) Not fully complying with the procedures for giving or receiving an adoptive child as prescribed.

3. A fine of from VND 10,000,000 to VND 15,000,000 for foreign adoption offices implementing any of the following acts:

a) Forging or using forged documents in the application dossier for a license;

b) Forging the operating license or using a forged operating license;

c) Operating outside the scope, content, and area of operation recorded in the license;

d) Directly introducing children for adoption illegally;

đ) Allowing other individuals or organizations to use its establishment license.

4. Fine from 15,000,000 VND to 20,000,000 VND for one of the following acts:

a) Operating when the license has expired or has not yet been granted;

b) Operating under any form without meeting the conditions for operating in the field of adoption in Vietnam as prescribed by law.

5. A fine of from VND 20,000,000 to VND 30,000,000 for the act of exploiting the activity of adopting children for the purpose of exploiting child labor or for other profit-making purposes.

6. Additional forms of punishment:

a) Seizing documents that have been altered, erased, distorted in content, or forged in relation to the acts specified in point b, Clause 1, points a, b, Clause 3 of this Article;

b) Revoking the right to use the establishment license for three to six months in relation to the acts specified in point a, Clause 2, points c, d, đ, Clause 3 of this Article. Revoking the right to use the establishment license indefinitely in relation to the acts specified in Clause 5 of this Article;

c) Seizing unlawful profits obtained in relation to the acts specified in Clause 5 of this Article.

7. Measures to remedy consequences:

Compelling compliance with the provisions of the law in relation to the acts specified in points a, c, Clause 1, point b, Clause 2 of this Article.

Section 13

ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTIES IN INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF LAW

Article 42. Acts violating international cooperation regulations on law by central agencies of social organizations and occupational social organizations (hereinafter referred to as the managing agency) and units subordinate to such managing agencies

Clause 1. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of not reporting on the implementation of international cooperation activities on law and the proposed implementation program/projects for the subsequent period as prescribed by law.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

Point a. Not conducting monitoring and evaluation of programs/projects during implementation in accordance with the provisions of law;

Point b. Not complying with the provisions on appraisal and approval for programs/projects under the Prime Minister's approval authority or for programs/projects with amendments and supplements that lead to changes in the objectives of such programs/projects.

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

Point a. Initiating or allowing the implementation of programs, plans, projects without a signed document or with a signed document but not yet legally effective;

Point b. Subordinate units of the managing agency conducting foreign cooperation activities on law without going through their managing agency;

Point c. Unilaterally suspending, temporarily suspending, or canceling foreign cooperation programs, plans, projects on law without a decision from the competent state management agency as prescribed by law.

4. Measures to remedy consequences

Point a. Canceling programs, plans, projects for acts stipulated in point b Clause 2, points a and b Clause 3 of this Article;

Point b. Compelling compliance with the provisions of law for acts stipulated in Clause 1, point a Clause 2, and point c Clause 3 of this Article.

Section 14

OTHER ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTY

Article 43. Acts violating accounting, statistics, fees, and charges regulations

The imposition of penalties for administrative violations related to accounting, statistics, fees, and charges in the judicial field shall be applied according to the provisions of decrees regulating administrative violation penalties in the accounting, statistical, fee, and charge fields.

Article 44. Acts of bribery, causing disturbances, or obstructing public officials in the judicial field

Clause 1. A fine of from 500,000 VND to 2,000,000 VND shall be imposed for the act of offering money, property, or other material benefits to obtain procedures as prescribed in the judicial field or to evade administrative violation penalties but not reaching the level of criminal prosecution.

Clause 2. Penalties for individuals obstructing, failing to comply with the requests of public officials; using words or actions to insult or defame the dignity of public officials or opposing them; inciting others not to comply with the requests of public officials; causing disturbances, disrupting order, or inciting others to cause disturbances and disrupt public order or engaging in other acts of causing disturbances or obstruction that hinder activities in the judicial field shall be applied according to the provisions of the decree regulating administrative violation penalties in the field of security, public order, and social safety.

3. Additional forms of punishment:

Confiscation of the amount of money, property, or material used for bribery for acts stipulated in Clause 1 of this Article.

Chapter III

AUTHORITY TO IMPOSE PENALTIES

Article 45. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of People's Committees of communes, wards, and towns has the authority:

a) To issue warnings;

b) Fine up to 2,000,000 VND

c) Confiscate objects and means used in violation up to a value of 2,000,000 VND;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Chairperson of People's Committees of districts, towns, urban districts, and provincial cities has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate evidence and means used to commit administrative violations;

d) Suspend the right to use licenses and professional certificates within their authority;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Chairperson of the People's Committee of provinces and centrally governed cities has the right:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) Confiscate evidence and means used to commit administrative violations;

d) Suspend the right to use licenses and professional certificates within their authority;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 46. Competence to impose administrative penalties of specialized inspection agencies under the Ministry of Justice

1. Specialized judicial inspectors performing their duties have the right:

a) To issue warnings;

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

c) Confiscate objects and means used in violation up to a value of 2,000,000 VND;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. Heads of provincial Department of Justice Inspection have the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate evidence and means used to commit administrative violations;

d) Suspend the right to use licenses and professional certificates within their authority;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

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

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) Confiscate evidence and means used to commit administrative violations;

d) Suspend the right to use licenses and professional certificates within their authority;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 47. Competence to impose administrative penalties of civil enforcement agencies

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

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

2. Heads of civil enforcement agencies at district level have the right:

a) Warning

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

3. Heads of civil enforcement agencies at provincial level and heads of civil enforcement agencies at military regions have the right:

a) To issue warnings;

b) To impose fines up to VND 1,000,000.

Article 48. Competence to impose administrative penalties of heads of diplomatic representative agencies, consular agencies, and other agencies authorized to perform consular functions of Vietnam abroad

Heads of diplomatic representative agencies, consular agencies, and other agencies authorized to perform consular functions of Vietnam abroad have the right:

1. Issue a warning;

2. Fine up to VND 10,000,000.

Article 49. Determination of competence to impose administrative penalties of People's Committees at all levels, specialized inspection agencies under the Ministry of Justice, and civil enforcement agencies

1. Chairpersons of People's Committees at all levels shall impose penalties for administrative violations within the scope of local management according to specific competences stipulated in Article 45 of this Decree.

2. Specialized judicial inspection agencies shall impose penalties for administrative violations prescribed in Chapter II of this Decree and other administrative violations related to the field of justice prescribed in Government Decrees on administrative penalties in fields of state administration according to specific competences stipulated in Article 46 of this Decree.

Heads and specialized judicial inspectors of provincial Departments of Justice shall not impose penalties for administrative violations prescribed in Section 11, Chapter II of this Decree. Administrative penalties shall be carried out by Heads and specialized judicial inspectors of the Ministry of Justice.

3. Civil enforcement agencies shall impose penalties according to the competences prescribed in Article 47 of this Decree for administrative violations in civil enforcement activities.

4. In cases where administrative violations prescribed in this Decree fall within the penalty imposition competences of multiple persons from different sectors, the penalty imposition competence belongs to the Chairperson of the People's Committee with authority to impose penalties at the location where the violation occurred.

Article 50. Competence to impose administrative penalties of other agencies

Besides those with penalty imposition competences prescribed in Articles 45, 46, and 47 of this Decree, those with penalty imposition competences of other agencies according to the Administrative Violations Handling Ordinance within the scope of assigned functions and tasks, upon discovering administrative violations prescribed in this Decree within their areas or jurisdictions, also have the right to impose penalties but must comply with the provisions of Article 42 of the Administrative Violations Handling Ordinance.

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 51. Suspension of administrative violations

Upon discovering administrative violations or receiving reports, records about administrative violations in the field of justice, those with penalty imposition competences must inspect, verify, and immediately issue orders to suspend such violations.

Article 52. Establishment of Administrative Violation Records

1. The person authorized to perform duties and public services must promptly establish an administrative violation record except in cases where a warning or a fine up to VND 200,000 is imposed.

The person authorized to establish an administrative violation record in the field of justice is the person authorized to impose administrative penalties in the field of justice, the person authorized to enforce judgments, notaries, civil servants performing tasks and public services assigned in the field of justice.

2. The establishment of an administrative violation record must comply with the provisions of Article 55 of the Ordinance on Handling Administrative Violations and Article 22 of Decree No. 128/2008/NĐ-CP.

Article 53. Decision on Imposing Penalties

1. The issuance of a penalty decision under a simplified procedure shall be carried out in accordance with the provisions of Article 54 of the Ordinance on Handling Administrative Violations.

2. The issuance of an administrative violation penalty decision, except for the case stipulated in Clause 1 of this Article, shall be carried out in accordance with the provisions of Article 56 of the Ordinance on Handling Administrative Violations and Article 23 of Decree No. 128/2008/NĐ-CP.

Article 54. Fine Procedure

The fine procedure and collection of fines shall be implemented in accordance with the provisions of Articles 57 and 58 of the Ordinance on Handling Administrative Violations.

Article 55. Procedure for Revoking the Right to Use Licenses, Certificates, Confiscation and Handling of Evidence and Means of Administrative Violations

The procedure for revoking the right to use licenses, certificates, confiscation and handling of evidence and means of administrative violations shall be implemented in accordance with the provisions of Articles 59, 60 and 61 of the Ordinance on Handling Administrative Violations.

Article 56. Execution of Administrative Violation Penalty Decisions and Suspension of Execution of Fine Decisions

1. Individuals and organizations subject to administrative violation penalties must execute the penalty decision in accordance with the provisions of Article 64 of the Ordinance on Handling Administrative Violations and Article 24 of Decree No. 128/2008/NĐ-CP.

2. Individuals fined VND 500,000 or more may have their execution of the penalty decision suspended in accordance with the provisions of Article 65 of the Ordinance on Handling Administrative Violations.

Article 57. Forced Execution of Administrative Violation Penalty Decisions and Transfer of Administrative Violation Penalty Decisions for Execution

1. The forced execution of administrative violation penalty decisions shall be carried out in accordance with the provisions of Articles 66 and 67 of the Ordinance on Handling Administrative Violations and Government Decree No. 37/2005/NĐ-CP dated March 18, 2005, which stipulates procedures for applying coercive measures to enforce administrative violation penalty decisions.

2. The transfer of administrative violation penalty decisions for execution shall be carried out in accordance with the provisions of Article 68 of the Ordinance on Handling Administrative Violations and Article 30 of Decree No. 128/2008/NĐ-CP.

Article 58. Statute of Limitations for Enforcement of Administrative Violation Penalty Decisions

The statute of limitations for enforcing administrative violation penalty decisions in the field of justice is one year, calculated from the date of issuing the penalty decision; if the decision is not enforced beyond this period, it will no longer be enforced but the remedial measures recorded in the decision will still be applied.

In cases where individuals or organizations subject to penalties deliberately evade or delay the enforcement of the penalty decision, the statute of limitations mentioned above shall be recalculated from the date when such evasive or delaying actions cease.

Article 59. Issuing Sample Protocols and Decisions for Administrative Offense Sanctions

This Decree attaches sample protocols and decisions to be used in administrative offense sanctions in the field of justice.

Chapter V

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 60. Complaints and Reports

1. Individuals or organizations subject to administrative offense sanctions in the field of justice, or their legitimate representatives, have the right to complain about the sanction decision made by the competent authority.

Citizens have the right to report to state agencies with jurisdiction any acts violating laws on administrative offense sanctions in the field of justice.

2. The procedures for complaints and reports and the resolution of such complaints and reports shall be carried out in accordance with Article 118 of the Administrative Violation Handling Ordinance.

3. Legal actions against administrative offense sanction decisions, decisions applying preventive measures and ensuring the enforcement of administrative offense sanctions in the field of justice shall be conducted in accordance with the provisions of the law on administrative litigation procedures.

Article 61. Handling of Competent Authorities for Administrative Offense Sanctions in the Field of Justice

Competent authorities for administrative offense sanctions in the field of justice who harass, tolerate, shield offenders, fail to impose sanctions, impose sanctions incorrectly, or impose sanctions beyond their jurisdiction shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if causing damage to the State, citizens, or organizations, they must compensate according to the law.

Article 62. Handling of Violations by Persons Subject to Administrative Offense Sanctions

Persons subject to administrative offense sanctions in the field of justice who commit acts of resisting law enforcement officers, delaying, evading compliance, or other violations shall be subject to administrative offense handling or criminal responsibility depending on the nature and severity of the violation; if causing damage, they must compensate according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 63. Effective Date

1. This Decree takes effect from September 18, 2009, and replaces Decree No. 76/2006/NĐ-CP dated August 2, 2006, on administrative offense sanctions in the field of justice.

2. Article 9 and Article 14 of Chapter II of Decree No. 87/2001/NĐ-CP dated November 21, 2001, of the Government on administrative offense sanctions in the field of marriage and family are abolished from the date this Decree takes effect.

Article 64. Responsibility for Implementation

1. The Minister of Justice is responsible for organizing the implementation of this Decree, organizing statistics on administrative offense sanctions in the field of justice to serve the work of combating administrative offenses.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for enforcing this Decree./.