This Decree amends and supplements certain articles of Decree No. 110/2013/ND-CP on administrative sanctions for violations in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises and cooperatives. The main contents include amendments to provisions on the objects subject to administrative sanctions, fines, measures to remedy consequences, and the authority to impose administrative sanctions.
Đối tượng áp dụng
Notaries' practice organizations; notary public associations; lawyers' practice organizations; enterprises and cooperatives conducting bankruptcy proceedings; banks where enterprises and cooperatives have accounts; agencies and organizations implementing international cooperation activities in the field of law.
Các điểm cốt lõi
- Notaries' practice organizations and related organizations shall be fined from VND 500,000 to VND 10,000,000 depending on the level of violation.
- Enterprises and cooperatives conducting bankruptcy proceedings shall be fined from VND 20,000,000 to VND 30,000,000 if they fail to comply with regulations on announcing the bankruptcy status.
- Banks where enterprises and cooperatives have accounts shall be fined from VND 20,000,000 to VND 40,000,000 if they make payments on debts of enterprises and cooperatives that have been declared bankrupt.
- Notary publics and notaries' practice organizations shall be fined from VND 500,000 to VND 10,000,000 depending on the level of violation concerning notarial activities.
- Notary public associations shall be fined from VND 1,000,000 to VND 3,000,000 if they fail to implement regular reporting systems.
🌐 Tác động xã hội từ văn bản này
- Enterprises and cooperatives and banks are significantly affected when violating regulations on bankruptcy procedures.
- Notary publics and notaries' practice organizations must strictly adhere to regulations to avoid being fined.
- Citizens may benefit from strengthened management of judicial organizations, helping to protect their legitimate rights and interests.
- Strict imposition of penalties will contribute to preventing fraudulent and falsified document activities in the field of notarization.
❓ Câu hỏi thường gặp
How much will notaries' practice organizations be fined if they alter or erase the content of documents?
A fine of VND 500,000 to VND 1,000,000.
How much will banks be fined if they make payments on debts of enterprises that have been declared bankrupt?
A fine of VND 20,000,000 to VND 40,000,000.
How much will notary publics be fined if they forge notarial documents?
A fine of VND 7,000,000 to VND 10,000,000.
How much will notary public associations be fined if they fail to implement regular reporting systems?
A fine of VND 1,000,000 to VND 3,000,000.
How much will enterprises and cooperatives be fined if they fail to publicly announce their bankruptcy status?
A fine of VND 3,000,000 to VND 5,000,000.
Toàn văn
DECREE
Amending and supplementing certain articles of Decree No. 110/2013/NĐ-CP dated September 24, 2013 of the Government on administrative penalties for violations in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises, and cooperatives.
Pursuant to the Marriage and Family Law dated June 19, 2014;
Pursuant to Decree No. 113/2014/NĐ-CP dated November 26, 2014 of the Government on international cooperation in the field of law;
Pursuant to Decree No. 23/2015/NĐ-CP dated February 26, 2015 of the Government on issuing certified copies from original records, certifying copies from originals, certifying signatures, and certifying contracts and transactions;
_____________________
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;
Issuing this Decree to amend and supplement certain articles of Decree No. 110/2013/NĐ-CP dated September 24, 2013 of the Government on administrative penalties for violations in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises, and cooperatives.
Pursuant to the Bankruptcy Law dated June 19, 2014;
Pursuant to the Notarization Law dated June 20, 2014;
Based on the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law dated November 25, 2014;
Article 1. Amending and supplementing certain articles of Decree No. 110/2013/NĐ-CP dated September 24, 2013 of the Government on administrative penalties for violations in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises, and cooperatives.
1. Amending Points a, c, and d Clause 2 Article 2 as follows:
At the proposal of the Minister of Justice,
At the proposal of "Article 2. Subjects subject to administrative penalties under this Decree include:
2. Organizations include:
a) Notary offices; associations of notaries; associations of lawyers; law firms; foreign law firms in Vietnam; legal advisory centers; forensic examination offices; professional auction organizations; arbitration centers, foreign arbitration organizations in Vietnam; asset management and liquidation companies;
c) Enterprises and cooperatives conducting bankruptcy proceedings; banks where enterprises and cooperatives have accounts;
d) Agencies and organizations implementing international cooperation activities in the field of law with government agencies, intergovernmental international organizations, and non-governmental organizations abroad;"
2. Amending Clause 2 Article 4 as follows:
"2. The fines prescribed in Articles 7, 8, 9, 15, 15a, 18, 21, 22, 29, 44, 51, 58, 59, 60, 62, 63, and 64c of this Decree shall be applied to organizations."
"Article 11. Violations concerning the files and procedures for nominating, re-nominating notaries, issuing notary cards; files for establishing, registering operations, changing registration contents, and practicing as notaries for notary offices
a) Altering, erasing, or distorting the content of documents issued by competent authorities in the files for nominating, re-nominating notaries, and issuing notary cards;
b) Altering, erasing, or distorting the content of documents and materials issued by competent authorities in the files for establishing, registering operations, changing registration contents, and practicing as notaries for notary offices.
3. Amending and supplementing Article 11 as follows:
2. A fine of VND 3,000,000 to VND 7,000,000 for one of the following acts:
1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:
a) Using fake documents in the files for nominating, re-nominating notaries;
b) Using fake documents in the files for establishing, registering operations, changing registration contents, and practicing as notaries for notary offices;
c) Certifying false work experience in law, time, and results of training for notary practice when nominating notaries.
3. A fine of VND 7,000,000 to VND 10,000,000 for one of the following acts:
a) Creating fake documents in the files for nominating, re-nominating notaries;
b) Creating fake documents in the files for establishing, registering operations, changing registration contents, and practicing as notaries for notary offices.
a) Seizing fake documents for the acts stipulated in Point a and Point b Clause 2, Clause 3 of this Article;
b) Ordering the return of illegal profits obtained through the acts stipulated in Clause 1, Clause 2, Clause 3 of this Article."
"Article 12. Violations concerning notarization of contracts, transactions, translations
4. Measures to remedy consequences:
1. A fine of VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Deception or lack of honesty when witnessing or interpreting;
4. Amending and supplementing Article 12 as follows:
b) Illegally altering, erasing, or using altered or erased documents or materials to obtain notarization of contracts, transactions, or translations.
2. A fine of VND 3,000,000 to VND 7,000,000 for providing false information or using forged documents to obtain notarization of contracts, transactions, or translations.
3. A fine of VND 7,000,000 to VND 10,000,000 for creating fake documents or forging, hiring, or asking others to forge the person requesting notarization to obtain notarization of contracts, transactions; creating fake documents to obtain notarization of translations.
Seizing fake documents for the acts stipulated in Clause 2 and Clause 3 of this Article."
5. Abolishing Point b Clause 1, Point h Clause 2 Article 13.
6. Amending the name of Article 13, Point a, Point b, Point đ, Point 1 Clause 2 Article 13 as follows:
4. Measures to remedy consequences:
"Article 13. Violations concerning notaries' regulations on retaining wills; notarization of mortgage contracts on immovable property, wills, agreements on dividing inheritance, declarations of acceptance of inheritance, declarations of renunciation of inheritance, translations
2. A fine of VND 7,000,000 to VND 10,000,000 for one of the following acts:
a) Notarizing mortgage contracts on immovable property contrary to Clause 2 Article 54 of the Notarization Law;
b) Notarizing wills in cases where the testator does not personally request notarization; at the time of notarization, the testator suffers from mental illness or other diseases that prevent them from understanding and controlling their actions, or there are grounds to believe that the will was made under deception, threat, or coercion."
2. A fine of from seven million dong to ten million dong shall be imposed for any of the following acts:
a) Notarizing a mortgage contract on immovable property not in accordance with Clause 2, Article 54 of the Notary Law;
b) Notarizing a will in cases where the testator does not personally request notarization; at the time of notarization, the testator suffers from mental illness or another disease that prevents them from recognizing and controlling their own actions, or there are grounds to believe that the will was made under deceit, threat, or coercion.
d) Notarizing an agreement document for dividing the inheritance or a declaration of acceptance of inheritance in cases of statutory inheritance where the person requesting notarization does not have proof of the relationship between the decedent and the heir, or in cases of testamentary inheritance where the person requesting notarization does not have a will;
i) Notarizing a document refusing to accept inheritance when it is known that the heir is refusing to accept the inheritance in order to evade their financial obligations towards others; notarizing a refusal to accept inheritance beyond six months from the date of opening the inheritance.”
7. Supplement Point k Clause 2, Clause 3 Article 13 as follows:
“k) Notarizing a translation in cases where the document or text requested to be translated has been erased, altered, added to, or subtracted from, or is damaged and deteriorated to the extent that its content cannot be clearly determined.”
3. Imposing a fine of VND 10,000,000 to VND 20,000,000 on the act of notarizing a translation knowing or should know that the original was issued without proper authority or is invalid; the original is fake; the document or text requested to be translated contains state secrets; the document or text is prohibited from being disseminated according to the law.”
8. Amend Point a, Point d Clause 1 Article 14 as follows:
“Article 14. Violations of regulations on notarial activities
2. A fine of VND 3,000,000 to VND 7,000,000 for providing false information or using forged documents to obtain notarization of contracts, transactions, or translations.
a) Conducting notarization outside the office of the notarial organization without complying with the provisions of Article 44 of the Notarization Law;
d) Refusing a notarization request without a valid reason;”
9. Supplement Point e Clause 1 Article 14 as follows:
“e) Not wearing the Notary Public Card when meeting with the person requesting notarization or authentication.”
10. Amend Point a, Point b, Point d, Point d Clause 2 Article 14 as follows:
“2. Imposing a fine of VND 3,000,000 to VND 7,000,000 for one of the following acts:
a) Disclosing information about the content of notarization without the written consent of the person requesting notarization unless otherwise provided by law;
b) Notarizing a contract or transaction lacking the signature of the notary, the signature or thumbprint of the person requesting notarization on each page of the contract or transaction; notarizing a translation lacking the signature of the notary, the signature or thumbprint of the translator on each page of the translation;
d) Not witnessing the signing or thumbprinting of the person requesting notarization, witness, interpreter on the contract or transaction except as provided by law.
d) The statement of the notary in the notarized document does not fully comply with the provisions of Article 46 and Article 61 of the Notarization Law;”
11. Supplement Point e, Point g, Point h Clause 2 Article 14 as follows:
“2. Imposing a fine of VND 3,000,000 to VND 7,000,000 for one of the following acts:
e) Failing to explain to the person requesting notarization their rights, obligations, and legitimate interests, the legal significance and consequences of notarization;
g) Simultaneously practicing at two or more notarial organizations or concurrently performing other regular duties;
h) Participating in managing businesses outside the notarial organization; engaging in brokerage, agency activities; sharing profits in contracts or transactions they notarize.”
12. Amend Point a, Point b, Point d, Point e Clause 3 Article 14 as follows:
“3. Imposing a fine of VND 7,000,000 to VND 10,000,000 for one of the following acts:
a) Notarizing a contract or transaction concerning immovable property outside the province or centrally-administered city where the notarial organization is located, except for notarizing a will, a document refusing to accept immovable property, and a power of attorney related to exercising rights over immovable property;
b) Notarizing a contract or transaction, translation involving assets or interests of oneself or close relatives such as spouse, biological or adoptive parents, biological or adoptive parents of the spouse, biological or adopted children, daughters-in-law, sons-in-law, grandparents, siblings, siblings of the spouse, grandchildren who are children of biological or adopted children;
d) Notarizing the amendment, supplementation, or cancellation of a previously notarized contract or transaction without a written agreement or commitment from all parties involved in the contract or transaction; not conducting it at the notarial organization that notarized the original contract or transaction unless otherwise provided by law;
e) Notarizing in cases where the purpose and content of the contract or transaction, the content of the translation violate the law, contravene social morals; inciting, facilitating the parties to the contract or transaction to carry out fictitious transactions or other fraudulent acts;”
13. Supplement Point h, Point i, Point k, Point 1 Clause 3 Article 14 as follows:
“h) Accepting or demanding money or other benefits from a third party to perform or refrain from performing notarization causing damage to the person requesting notarization and related individuals or organizations;
i) Forcing others to use their services; colluding, conspiring with the person requesting notarization and related persons to distort the content of the notarized document, notarization file;
k) Applying pressure, threatening, or committing acts violating the law and contravening social morals to gain an advantage for themselves or their organization in notarial practice;
l) Using information about the content of notarization to infringe upon the rights and legitimate interests of individuals or organizations;”
14. Amend Point b Clause 5 Article 14 as follows:
“5. Imposing a fine of VND 20,000,000 to VND 30,000,000 for one of the following acts:
b) An individual who does not meet the conditions for practicing notarization but engages in notarization under any form.”
15. Amend and supplement Point a, Point b Clause 7 Article 14 as follows:
“7. Additional forms of punishment:
a) Revoking the right to use the Notary Public Card for a period of one to three months for the acts stipulated in Points c, g, h Clause 2 of this Article.
b) Revoking the right to use the Notary Public Card for a period of six to twelve months for the acts stipulated in Clause 3 of this Article.”
16. Amend Point b Clause 8 Article 14 as follows:
"8. Measures to remedy consequences:
b) Ordering the return of illegal gains obtained through the acts stipulated in Points c, g, h Clause 2, Point h Clause 3, Clause 4, Point b and Point c Clause 5 of this Article.”
17. Amend Point a, Point c Clause 1 Article 15 as follows:
“Article 15. Violations of regulations on the activities of notarial organizations
1. Warning or imposing a fine of VND 1,000,000 to VND 2,000,000 for one of the following acts:
a) Failing to post the schedule of work, notarization procedures, rules for receiving requests for notarization and certification, notarization fees, remuneration for notarization, and other cost calculation principles at the office premises of the notary practice organization;
c) Failing to establish, manage, and use various types of ledgers, forms as prescribed by laws on notarization.”
18. Supplement Points d, đ, e, g Clause 2 Article 15 as follows:
“2. Imposing a fine of VND 3,000,000 to VND 7,000,000 for one of the following acts:
d) Collecting notarization remuneration higher than the maximum notarization remuneration ceiling set by the provincial People's Committee and the posted rate; collecting costs higher than the agreed costs;
đ) Failing to fully comply with working hours and days as stipulated for administrative state agencies;
e) Posting the acceptance of notarization of agreements on dividing inheritance and declarations of inheritance but not within the prescribed time, location, and content;
g) Failing to provide information about the origin of assets, transaction status of assets, and other information regarding preventive measures applied to assets related to contracts and transactions notarized by notaries from their own organization to be included in the notarization database as prescribed by the Notarization Law.”
19. Amend Points a, b Clause 3 Article 15 as follows:
“3. Imposing a fine of VND 7,000,000 to VND 10,000,000 for one of the following acts:
a) Altering, erasing, or distorting the content of the decision allowing the establishment of a notary office or the registration certificate of the notary office;
b) Failing to purchase professional liability insurance for notaries from their own organization.”
20. Repeal Point b Clause 4 Article 15.
21. Amend Points c, d, đ Clause 4 Article 15 as follows:
“4. Imposing a fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:
c) Establishing branches, representative offices, facilities, or other transaction locations outside the main office premises of the notary practice organization; conducting production, business, and service activities beyond the registered scope of operations;
d) Failing to agree on transferring wills to another notary practice organization for safekeeping before ceasing operations, transferring, selling, or dissolving; failing to return wills and storage fees when there is no agreement or when an agreement cannot be reached with the testator.
đ) Using false decisions allowing the establishment of a notary office or false registration certificates of the notary office.”
22. Supplement Points e, g, h, i Clause 4 Article 15 as follows:
“4. Imposing a fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:
e) Failing to register the practice of notaries from their own organization;
g) Advertising on mass media about notaries and their organization;
h) Failing to post the acceptance of notarization of agreements on dividing inheritance and declarations of inheritance before conducting the notarization;
i) Failing to register changes in the name of the notary office, the name of the head of the notary office, the address of the main office, the list of named notaries, and the list of notaries working under contract with the notary office.”
23. Amend Clause 5 Article 15 as follows:
“5. Imposing a fine of VND 20,000,000 to VND 30,000,000 for falsifying decisions allowing the establishment of a notary office or registration certificates of the notary office.”
24. Amend Clause 6 Article 15 as follows:
“6. Imposing a fine of VND 40,000,000 to VND 60,000,000 on organizations that engage in notarization without meeting the conditions for practicing notarization in any form.”
25. Amend Point b Clause 7 Article 15 as follows:
“7. Measures to rectify consequences:
b) Compelling the return of illegal profits obtained through the acts specified in Point d Clause 2, Point c and Point đ Clause 4, Clause 5, Clause 6 of this Article.”
26. Supplement Article 15a as follows:
“Article 15a. Violations by social-professional associations of notaries
Imposing a fine of VND 1,000,000 to VND 3,000,000 for the act of the Vietnam Notary Association failing to report to the Ministry of Justice about the project for organizing the term assembly, personnel plan, results of the assembly; failing to implement regular reporting systems or other reports as required by the Ministry of Justice.”
27. Amend Clause 1, Point b Clause 2 Article 24 as follows:
“Article 24. Violations concerning certification of copies from originals and certification of signatures
1. Warning or imposing a fine of VND 300,000 to VND 500,000 for the act of altering, erasing, or distorting the content of the original to request certification of a copy; the content of documents or texts translated to request certification of the translator's signature.
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
b) Using false certified copies; forging the signature of the certifier;”
28. Supplement Points c, d, đ, e Clause 2 Article 24 as follows:
“2. Imposing a fine of VND 1,000,000 to VND 3,000,000 for any of the following acts:
c) Requesting certification not to be carried out immediately on the same day or the next working day if the request is received after 15:00 or more than two working days for cases where multiple types of documents, texts, multi-page originals, large quantities of copies, or complex content requiring detailed verification and comparison are requested, or without a written agreement on the time with the person requesting certification;
d) Certifying outside the office premises of the certification organization if the person requesting certification of a signature is not elderly, unable to travel, detained, imprisoned, serving a prison sentence, or has a valid reason;
đ) Refusing certification not falling within one of the cases prescribed in Articles 22 and 25 of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original records, certification of copies from originals, certification of signatures, and certification of contracts and transactions; refusing certification without providing a clear written explanation of the reasons to the person requesting certification;
e) Failing to arrange staff to receive certification requests during working days of the week; failing to publicly post the schedule of work, authority, procedures, processing time, certification fees, and costs at the office premises of the certification organization.”
29. Supplement Points c, d, đ, e, g, h, i, k, 1 Clause 3 Article 24 as follows:
“3. Imposing a fine of VND 3,000,000 to VND 5,000,000 for any of the following acts:
c) Authenticate copies from original documents, authenticate signatures without signing, clearly stating full name, and stamping according to regulations; not write statements of authentication on the last page of copies that have two (2) pages or more; not affix overlapping stamps on copies, papers, documents that the person requesting authentication has signed on two (2) sheets or more;
d) Authenticate signatures in cases where the person requesting authentication does not sign in the presence of the person conducting the authentication;
đ) Conduct authentication without writing a statement of authentication or writing an incorrect statement of authentication model issued together with Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government regarding issuing copies from original records, authenticating copies from original documents, authenticating signatures, and authenticating contracts and transactions;
e) Accept, demand any amount of money, other material benefits from the person requesting authentication beyond the authentication fee and costs for authentication already posted;
g) Not establish an authentication register; the authentication register established not in accordance with the prescribed model; not manage the authentication register; the authentication register not being continuously written in sequence by page, leaving blank pages; not affix overlapping stamps from the first page to the last page of the authentication register; not close the register and tally the total number of authentication matters at the end of the year; not having confirmation, signature, clearly stating full name, and stamp of the person conducting the authentication when closing the authentication register; the number recorded in the authentication certificate not corresponding to the authentication number recorded in the authentication register;
h) Not store the authentication register; not store authenticated papers, documents within the retention period of two (2) years except in cases of authenticating the signature of the person conducting the forensic examination in the forensic examination conclusion document;
i) Not implement periodic six-monthly and annual statistical reports on authentication;
k) Authenticate signatures in documents, papers containing the content of contracts, transactions except in cases provided for in Point d Clause 4 Article 24 of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government regarding issuing copies from original records, authenticating copies from original documents, authenticating signatures, and authenticating contracts and transactions or in cases otherwise provided by law;
l) Authenticate signatures related to property, interests of oneself or close relatives including spouse; biological or adoptive parents; biological or adoptive parents of the spouse; biological or adopted children, daughters-in-law, sons-in-law; grandparents; siblings, siblings of the spouse; grandchildren who are children of biological or adopted children;
30. Supplement Clause 3a of Article 24 as follows:
“3a. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Authenticating copies from original documents, authenticating signatures without recording in the authentication register as prescribed;
b) Authenticating copies from original documents, papers that have been erased, altered, added, or deleted contents that are not valid; originals damaged, old, and unable to determine the content;
c) Authenticating copies from original documents, papers issued by competent authorities of foreign countries, notarized or certified but not legalized consular as required by law before requesting authentication, except in cases exempted from consular legalization under international treaties to which Vietnam is a party or based on the principle of reciprocity;
d) Authenticating copies from original documents, papers stamped confidential by competent authorities or not stamped confidential but clearly marked not to be photocopied;
đ) Authenticating signatures in cases where the documents contain content contrary to law, social morals; propaganda, incitement of war, opposition to the socialist regime of Vietnam; distortion of the history of the Vietnamese nation; defamation of the honor, reputation, prestige of individuals, organizations; violation of citizens' rights;
e) Authenticating copies from original documents, papers self-prepared by individuals but not confirmed and stamped by competent authorities;
g) Authenticating signatures in cases where at the time of authentication, the person requesting authentication does not recognize and control their own behavior;
h) Authenticating signatures in cases where the person requesting authentication presents original or authenticated copies of Identity Card or passport that are no longer valid.”
31. Amend and supplement Clause 4 of Article 24 as follows:
"4. Measures to remedy consequences:
a) Seize false documents for acts stipulated in Points a and b Clause 2 and Points a and b Clause 3 of this Article.
b) Order the return of illegal proceeds obtained through the acts stipulated in Point e Clause 3 of this Article.”
32. Supplement Points c, d, đ Clause 2, đ Clause 4 of Article 29 as follows:
“Article 29. Violations concerning the organization and operation of Foreign Element Marriage and Family Counseling Centers
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
c) Not providing counseling and support to persons requesting counseling and support on marriage and family issues involving foreign elements;
d) Not issuing a Center Certificate after providing counseling and support upon request of the counselee;
đ) Not publicly announcing the fee rates as prescribed.
4. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
đ) Not keeping confidential information about private life, personal secrets, family secrets of the person requesting counseling and support.”
33. Supplement Point d Clause 2 of Article 30 as follows:
“Article 30. Violations concerning issuance of marriage status certificates
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
d) Providing false information to obtain a marriage status certificate; using a marriage status certificate for purposes other than intended.”
34. Replace Article 41 as follows:
“Article 41. Violations concerning international cooperation in law
1. Imposing a fine of VND 1,000,000 to VND 3,000,000 for failure to report or reporting inaccurately on the situation of international cooperation in law to the Ministry of Justice as prescribed in Article 16 of Decree No. 113/2014/NĐ-CP dated November 26, 2014 of the Government on management of international cooperation in law.
2. Imposing a fine of VND 3,000,000 to VND 5,000,000 for one of the following acts:
a) Not sending the draft program of legal cooperation for comments to the Ministry of Justice;
b) Not sending the part of legal cooperation content in the annual implementation plan for cooperation to the Ministry of Justice for consolidation and monitoring;
c) Failing to submit to the Ministry of Justice the approval decision along with the documentation of the legal cooperation program or project after it has been approved by the competent authority;
d) Failing to share information and results of international legal cooperation as stipulated in Article 14 of Decree No. 113/2014/NĐ-CP;
3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:
a) Failing to seek the opinion of the Ministry of Justice before approving amendments or supplements to the documentation of the legal cooperation program or project as prescribed in Clause 1, Article 9 of Decree No. 113/2014/NĐ-CP;
b) Failing to submit the documentation file of the legal cooperation program or project to the Ministry of Justice for review and comment as prescribed in Clause 1, Article 7 of Decree No. 113/2014/NĐ-CP;
c) Failing to seek the opinion of the Ministry of Justice before organizing a conference or seminar, or failing to submit a summary report of the conference or seminar to the Ministry of Justice as prescribed in Clause 1, Article 13 of Decree No. 113/2014/NĐ-CP;
4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:
a) Implementing a legal program, project, or non-project assistance without an approval decision or with an approval decision that has not yet taken legal effect;
b) Implementing a legal program, project, or non-project assistance when there is a decision by a competent state agency to temporarily suspend or terminate the legal cooperation program, project, or non-project assistance as prescribed in Article 18 of Decree No. 113/2014/NĐ-CP;
c) Failing to approve or approving without complying with the prescribed procedures and authorities as stipulated in Clause 3, Article 26 of Decree No. 113/2014/NĐ-CP for legal programs, projects, or non-project assistance;
35. Amend the name of Article 48, Point d, Point đ, Point e Clause 1, Point a Clause 2, and supplement Point b Clause 2 of Article 48 as follows:
"Article 48. Acts violating regulations on marriage, divorce, and the monogamous marriage system
2. A fine of VND 3,000,000 to VND 7,000,000 for providing false information or using forged documents to obtain notarization of contracts, transactions, or translations.
d) Marrying or living together as husband and wife within three generations of blood relatives;
đ) Marrying or living together as husband and wife between foster parents and foster children;
e) Marrying or living together as husband and wife between former foster parents and foster children, fathers-in-law and daughters-in-law, mothers-in-law and sons-in-law, stepfathers and stepdaughters, stepmothers and stepsons;"
2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:
a) Taking advantage of divorce to evade property obligations, violate population policies or laws, or achieve other purposes not aimed at terminating the marriage;
b) Marrying or living together as husband and wife with a person who shares the same bloodline in direct line;
36. Amend and supplement Clause 2 of Article 52 as follows:
"Article 52. Acts violating provisions in civil enforcement activities
2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following acts:
a) Failing to provide information or hand over related documents concerning assets subject to enforcement upon request of the competent authority without justifiable reasons;
b) Failing to notify the enforcement agency of changes in address and place of residence;
c) Failing to truthfully declare assets and conditions for enforcement."
37. Amend Article 53 as follows:
"Article 53. Acts obstructing or causing difficulties in exercising the right to file a petition
Warning or imposing a fine of VND 500,000 to VND 1,000,000 for acts obstructing or causing difficulties in exercising the right to file a petition for initiating bankruptcy proceedings against enterprises or cooperatives that have lost their ability to pay debts."
38. Amend Article 54 as follows:
"Article 54. Acts violating the obligation to file a petition
Imposing a fine of VND 1,000,000 to VND 3,000,000 on the owner of a private enterprise, chairman of the board of directors of a joint-stock company, chairman of the board of members of a limited liability company with two or more members, owner of a single-member limited liability company, general partner of a partnership, or legal representative of an enterprise or cooperative who fails to file a petition for initiating bankruptcy proceedings when the enterprise or cooperative has lost its ability to pay debts."
39. Supplement Article 54a as follows:
"Article 54a. Acts violating the responsibility to announce the loss of ability to pay debts by enterprises or cooperatives
Imposing a fine of VND 5,000,000 to VND 10,000,000 on acts of announcing the loss of ability to pay debts by enterprises or cooperatives inaccurately or unobjectively, thereby adversely affecting the reputation, credibility, and business operations of the enterprise or cooperative."
40. Amend Article 55 as follows:
"Article 55. Acts violating the obligation to provide documents and evidence
Imposing a fine of VND 1,000,000 to VND 3,000,000 on acts of managing or retaining documents and evidence related to bankruptcy cases but failing to provide them fully and promptly or providing inaccurate documents and evidence related to such cases within fifteen days from the date of receiving a request from creditors, enterprises, cooperatives, People's Courts, People's Procuratorates, receivers, or asset management and liquidation enterprises if there are no justifiable reasons."
41. Amend Article 57 as follows:
"Article 57. Acts violating the obligation to announce the status of bankruptcy
Imposing a fine of VND 3,000,000 to VND 5,000,000 on enterprises or cooperatives that fail to publicly announce their status after receiving a court decision to initiate bankruptcy proceedings."
42. Amend Article 58 as follows:
"Article 58. Acts violating the provisions on the operation of enterprises or cooperatives after a decision to initiate bankruptcy proceedings
1. Imposing a fine of VND 5,000,000 to VND 10,000,000 on enterprises or cooperatives that fail to report to the receiver or asset management and liquidation enterprise before engaging in any of the following acts after a decision to initiate bankruptcy proceedings:
a) Engaging in activities related to borrowing, pledging, mortgaging, guaranteeing, buying and selling, transferring, leasing assets; selling or converting shares; transferring ownership of assets;
b) Terminating valid contracts;
c) Paying off debts incurred after the initiation of bankruptcy proceedings; paying salaries to employees in the enterprise or cooperative.
2. Imposing a fine of VND 10,000,000 to VND 20,000,000 on enterprises or cooperatives that engage in any of the following acts after a decision to initiate bankruptcy proceedings:
a) Concealing, disposing of, or giving away assets;
b) Payment of unsecured debt, except for unsecured debt arising after the bankruptcy proceedings are initiated and payment of wages to workers in enterprises and cooperatives as stipulated in Point c Clause 1 Article 49 of the Bankruptcy Law;
c) Abandonment of the right to demand payment;
d) Conversion of unsecured debt into secured debt or partially secured debt by assets of the enterprise or cooperative.
3. Measures to remedy consequences:
Compel restoration to the original state that was altered in respect of the act provided for in Clause 2 of this Article.
43. Amend and supplement Article 59 as follows:
"Article 59. Acts violating the provisions on deadlines and obligations to inventory assets
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that have lost their ability to pay and fail to conduct asset inventory and determine the value of such assets within the prescribed time limit.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on representatives of enterprises and cooperatives and other persons who refuse to cooperate in the asset inventory or intentionally distort the asset inventory."
44. Amend Article 60 as follows:
"Article 60. Acts violating the provisions on the obligations of banks where enterprises and cooperatives subject to liquidation procedures have accounts
1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision declaring the enterprise or cooperative bankrupt and still carry out payments of debts of such enterprises or cooperatives, except in cases where there is written consent from the People's Court or the civil enforcement agency.
2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following acts:
a) Banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision declaring the enterprise or cooperative bankrupt and carry out payments of debts owed by the bankrupt enterprise or cooperative to the bank, except in cases where there is written consent from the People's Court or the civil enforcement agency;
b) Banks where enterprises and cooperatives have accounts from the date the People's Court issues a decision initiating bankruptcy proceedings and carry out set-off of obligations under contracts established before the decision to initiate bankruptcy proceedings without the consent of the trustee, the enterprise managing and liquidating assets.
3. Measures to remedy consequences:
Compel recovery of payments or set-offs made in violation of regulations for the acts provided for in Clause 1 and Clause 2 of this Article."
45. Amend the name and Article 61 as follows:
"Article 61. Acts violating the provisions on the obligations of workers related to bankruptcy proceedings
1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on workers who conceal assets of enterprises and cooperatives from the date the People's Court decides to initiate bankruptcy proceedings.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on workers who dispose of assets of enterprises and cooperatives from the date the People's Court decides to initiate bankruptcy proceedings."
46. Repeal Article 62.
47. Amend Article 63 as follows:
"Article 63. Acts violating the provisions on participation in creditor meetings
A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of the person filing a request to initiate bankruptcy proceedings as stipulated in Article 5 of the Bankruptcy Law, the business owner or the legal representative of enterprises and cooperatives that have lost their ability to pay who do not participate in creditor meetings, do not authorize others to participate in creditor meetings without a legitimate reason."
48. Amend Article 64 as follows:
"Article 64. Acts violating the provisions on supervision of implementation of plans to restore business operations
A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on enterprises and cooperatives that fail to submit reports on the implementation of plans to restore business operations to the trustee, the enterprise managing and liquidating assets within the prescribed time limit."
49. Supplement Articles 64a, 64b, and 64c as follows:
"Article 64a. Acts violating the provisions on the application for issuance of a certificate of practice for trustees; the application for registration of practice as a manager or liquidator of assets as an individual; the application for registration of practice as a manager or liquidator of assets for management and liquidation enterprises
1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of altering, erasing, or distorting the content of trustee certificates; in applications for registration of practice as a manager or liquidator of assets as an individual; in applications for registration of practice as a manager or liquidator of assets for management and liquidation enterprises.
2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on the act of using false documents in applications for issuance of a certificate of practice for trustees; in applications for registration of practice as a manager or liquidator of assets as an individual; in applications for registration of practice as a manager or liquidator of assets for management and liquidation enterprises.
3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the act of forging documents in applications for issuance of a certificate of practice for trustees; forging documents in applications for registration of practice as a manager or liquidator of assets as an individual; forging documents in applications for registration of practice as a manager or liquidator of assets for management and liquidation enterprises.
4. Measures to remedy consequences:
Cancel false documents for the acts provided for in Clause 2 and Clause 3 of this Article."
Article 64b. Acts violating provisions on the practice of managing and liquidating assets
2. A fine of VND 3,000,000 to VND 7,000,000 for providing false information or using forged documents to obtain notarization of contracts, transactions, or translations.
a) Repairing, erasing, or altering the content of the management and liquidation practitioner certificate, the decision to include one's name in the list of management and liquidation practitioners, or the list of asset management and liquidation enterprises;
b) Failing to report to the Provincial Department of Justice where the practice is registered or upon request from competent state agencies regarding the practice of managing and liquidating assets as prescribed;
c) Failing to establish, manage, or use the types of ledgers and forms as prescribed by law;
d) Failing to store or improperly storing records related to the practice of managing and liquidating assets as prescribed.
c) Certifying false work experience in law, time, and results of training for notary practice when nominating notaries.
a) Renting, lending, or allowing other individuals or organizations to use one’s own management and liquidation practitioner certificate for the practice of managing and liquidating assets;
b) Renting, borrowing, or using another person’s management and liquidation practitioner certificate for the practice of managing and liquidating assets;
c) Engaging in the practice of managing and liquidating assets when being related to a business or cooperative that has lost its ability to pay according to the law on businesses; when there is evidence that the judge conducting bankruptcy proceedings or the civil enforcement agency requests contrary to the law, professional principles of managing and liquidating assets, or is not consistent with the Code of Ethics for Management and Liquidation Practitioners;
d) Establishing or participating in establishing two or more asset management and liquidation enterprises at the same time;
đ) At the same time, registering to practice managing and liquidating assets as an individual while practicing within an asset management and liquidation enterprise;
a) Seizing fake documents for the acts stipulated in Point a and Point b Clause 2, Clause 3 of this Article;
a) Hinting or accepting any amount of money or material benefits from participants in bankruptcy proceedings; taking advantage of the status of a management and liquidation practitioner or the duties and powers of an enterprise to gain benefits from individuals or organizations outside the fees for management and liquidation practitioners as prescribed by law;
b) Taking advantage of duties and powers to collude with individuals or organizations for personal gain;
c) Disclosing information about cases, matters, or clients known during the practice, except when authorized in writing by the client or otherwise provided by law;
d) Failing to organize the valuation or liquidation of assets or failing to deposit the proceeds into an account opened by the People's Court or the competent civil enforcement agency at a bank, or failing to report to the civil enforcement agency and notify relevant participants in bankruptcy proceedings about the transfer of the liquidation of assets to individuals or organizations as prescribed;
đ) Failing to terminate the liquidation of assets and hand over all documents and assets of the bankrupt business or cooperative to the civil enforcement agency for handling and liquidation as prescribed if, after two years from receiving the written request of the Enforcement Officer, the liquidation of assets has not been completed;
4. A fine of VND 10,000,000 to VND 20,000,000 for the act of using a fake management and liquidation practitioner certificate.
5. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:
a) Creating a fake management and liquidation practitioner certificate;
b) Practicing managing and liquidating assets without meeting the required conditions under any form.
6. Additional forms of punishment:
a) Revoking the right to use the management and liquidation practitioner certificate for one to three months for the act stipulated in Clause 2 of this Article;
b) Revoking the right to use the management and liquidation practitioner certificate for three to six months for the act stipulated in Clause 3 of this Article.
7. Measures to remedy consequences:
a) Canceling the false documents for the act stipulated in Clause 4, Point a of Clause 5 of this Article;
b) Compelling the return of illegal profits obtained through the implementation of the acts stipulated in Points a and b of Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.
Article 64c. Acts violating regulations on the activities of enterprises managing and liquidating assets
1. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following acts:
a) Not sending a notification letter to the Department of Justice of the province or centrally-administered city where the enterprise's headquarters is located after a branch or representative office of the enterprise managing and liquidating assets has been issued a Certificate of Registration for Business Operation, or to the Department of Justice of the province or centrally-administered city where such branch or representative office is located if the enterprise establishes a branch or representative office in a province or centrally-administered city different from the location of its headquarters, as prescribed;
b) Not requesting the Department of Justice of the province or centrally-administered city where the enterprise registers its practice to adjust the registered practice information for managing and liquidating assets when there is a change in name, address of headquarters, representative office, branch, legal representative, list of practicing Judicial Liquidators in the enterprise managing and liquidating assets, as prescribed.
2. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of allowing another individual or organization to use the enterprise’s name or Certificate of Enterprise Registration to practice managing and liquidating assets.
3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Colluding or conniving with an enterprise or cooperative that is unable to pay its debts or another individual or organization to dispose of assets or distort contents related to the practice of managing and liquidating assets;
b) Not organizing the valuation and liquidation of assets or not depositing the proceeds into an account opened by the People's Court or civil enforcement agency at a bank or not reporting to the civil enforcement agency and informing relevant parties involved in bankruptcy proceedings about the assignment to an individual or organization to carry out the liquidation of assets, as prescribed;
c) Not terminating the liquidation of assets and handing over all documents and assets of the bankrupt enterprise or cooperative to the civil enforcement agency for handling and liquidation, as prescribed, in the case where two years have passed since receiving a request from the Enforcement Officer and the liquidation of assets has not been completed.
6. Measures to remedy consequences:
Order to return the unlawful profit obtained from implementing the act prescribed in Clause 2, Point a Clause 3 of this Article.
50. Amend Points b, c, d, e, g, k Clause 2 Article 65 as follows:
"Article 65. Competence to draw up administrative violation records
2. The following persons performing official duties, tasks have the competence to draw up administrative violation records:
b) Civil servants of the judicial-husbandry department of communes shall draw up administrative violation records for the acts prescribed in Clause 1, Points a, b Clause 2 and Points a, b Clause 3 of Article 24, Articles 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 47, 48, 49 and 50 of this Decree;
c) Civil servants of the Justice Office of districts shall draw up administrative violation records for the acts prescribed in Clause 1, Points a, b Clause 2 and Points a, b Clause 3 of Article 24, Articles 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 39 and 40, Section 5 Chapter III, Articles 47, 48, 49 and 50 of this Decree;
d) Civil servants and staff of the Department of Justice shall draw up administrative violation records for the acts prescribed in Chapter II, Sections 1, 2, Article 39, Article 40, Section 4, Section 5 Chapter III, Chapter IV, Articles 64a, 64b and 64c of this Decree and administrative violations in other areas under state management related to the field of judicial assistance, administrative justice, marriage and family;
e) Civil servants of the Ministry of Justice's Inspectorate and civil servants of units under the Ministry of Justice with functions of state management in the fields of judicial assistance, administrative justice, marriage and family, civil execution shall draw up administrative violation records for the acts prescribed in Chapters II, III, IV, V, Articles 64a, 64b and 64c of this Decree and administrative violations in other areas under state management related to their own fields of state management;
g) Civil servants of the People's Courts at all levels shall draw up administrative violation records for the acts prescribed from Article 54 to Article 64 Chapter VI of this Decree;
k) Civil servants and staff of the Notary Office shall draw up administrative violation records for the acts prescribed in Article 12, Clause 1, Points a, b Clause 2 and Points a, b Clause 3 of Article 24 of this Decree."
51. Supplement Points n, o Clause 2 Article 65 as follows:
"2. The following persons performing official duties, tasks have the competence to draw up administrative violation records:
n) Civil servants and staff of the Center for Asset Auction Services shall draw up administrative violation records for the acts prescribed in Article 20 of this Decree;
o) Enforcement Officers assigned to execute bankruptcy declarations shall draw up administrative violation records for the acts prescribed in Point d, đ Clause 3 Article 64b, Points b, c Clause 3 Article 64c of this Decree."
52. Amend Points b, d Clause 3 Article 66 as follows:
"Article 66. Competence of Chairpersons of People's Committees at all levels to impose administrative penalties
3. The Chairman of the Provincial People's Committee has the authority to:
b) Imposing fines up to VND 30,000,000 for administrative violations in the field of administrative justice, marriage and family; up to VND 40,000,000 for administrative violations in the field of business bankruptcy; up to VND 50,000,000 for administrative violations in the field of judicial assistance;
d) Applying remedial measures prescribed in Chapter II, Sections 1, 2, Article 39, Article 40, Section 4, Section 5 Chapter III, Chapter IV, Articles 64a, 64b and 64c of this Decree."
53. Amend Point b Clause 1 Article 67 as follows:
"Article 67. Competence of the Legal Inspection Authority to impose administrative penalties
1. Legal Inspectors performing official duties have the right:
b) To impose fines up to VND 300,000 for administrative violations in the field of administrative justice, marriage and family; up to VND 400,000 for administrative violations in the field of business bankruptcy; up to VND 500,000 for administrative violations in the field of judicial assistance;
54. Supplement Clause 1a, Clause 1b Article 67 as follows:
"1a. The person assigned the task of specialized inspection of the Department of Legal Assistance who is performing official duties has the right:
a) To issue warnings;
b) To impose a fine of up to 400,000 VND for administrative violations in the field of corporate bankruptcy and cooperatives; up to 500,000 VND for administrative violations in the field of legal assistance.
1b. The person assigned the task of specialized inspection of the Department of Civil Status, Nationality, and Notarization who is performing official duties has the right:
a) To issue warnings;
b) To impose a fine of up to 300,000 VND for administrative violations in the activities of civil status, nationality, and notarization;"
55. Amend Point b, Point d Clause 2, Point b, Point d Clause 3 Article 67 as follows:
“2. The Chief Inspector of the Department of Justice, the Head of the specialized inspection team of the Department of Justice have the right:
b) To impose a fine of up to 15,000,000 VND for administrative violations in the field of administrative justice, marriage and family; up to 20,000,000 VND for administrative violations in the field of corporate bankruptcy and cooperatives; up to 25,000,000 VND for administrative violations in the field of legal assistance;
d) To apply remedial measures prescribed in Chapter II; Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III; Chapter IV; Article 64a, Article 64b and Article 64c of this Decree.
3. The Head of the specialized inspection team of the Ministry of Justice has the right:
b) To impose a fine of up to 21,000,000 VND for administrative violations in the field of administrative justice, marriage and family; up to 28,000,000 VND for administrative violations in the field of civil enforcement, corporate bankruptcy and cooperatives; up to 35,000,000 VND for administrative violations in the field of legal assistance;
d) To apply remedial measures prescribed in Chapters II, III, IV, Article 64a, Article 64b and Article 64c of this Decree.”
56. Add Clause 3a, Clause 3b Article 67 as follows:
“3a. The Director of the Department of Legal Assistance has the right:
a) To issue warnings;
b) To impose a fine of up to 40,000,000 VND for administrative violations in the field of corporate bankruptcy and cooperatives; up to 50,000,000 VND for administrative violations in the field of legal assistance;
c) To revoke the right to use the registration certificate for operation, license, professional qualification certificate, practice registration certificate, legal advisor card, notary public card for a limited period;
d) To apply remedial measures prescribed in Chapter II, Article 64a, Article 64b and Article 64c of this Decree.
3b. The Director of the Department of Civil Status, Nationality, and Notarization has the right:
a) To issue warnings;
b) To impose a fine of up to 30,000,000 VND for administrative violations in the activities of civil status, nationality, and notarization;
c) To revoke the right to use the registration certificate for operation of foreign-related marriage and family counseling centers for a limited period;
d) To apply remedial measures prescribed in Section 1, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 Section 2 Chapter III of this Decree.”
57. Amend Point b, Point d Clause 4 Article 67 as follows:
“4. The Chief Inspector of the Ministry of Justice has the right:
b) To impose a fine of up to 30,000,000 VND for administrative violations in the field of administrative justice, marriage and family; up to 40,000,000 VND for administrative violations in the field of civil enforcement, corporate bankruptcy and cooperatives; up to 50,000,000 VND for administrative violations in the field of legal assistance;
d) To apply remedial measures prescribed in Chapters II, III, IV, V, Article 64a, Article 64b and Article 64c of this Decree.”
58. Repeal Clause 3 Article 68.
59. Amend Article 70 as follows:
“Article 70. Administrative Violation Penalty Authority of People's Courts
1. The authority of People's Courts to impose administrative violation penalties shall be implemented according to the provisions of Article 48 of the Law on Handling Administrative Violations.
2. The person authorized to apply remedial measures under the provisions of Article 48 of the Law on Handling Administrative Violations may apply remedial measures prescribed from Article 53 to Article 64 Chapter VI of this Decree.”
60. Amend Article 71 as follows:
“Article 71. Fine Authority for Organizational Violations
The fine authority of the positions specified in Point b Clause 1, Point b Clause 2 and Point b Clause 3 of Article 66; Point b and Point c Clause 1, Point b Clause 1a, Point b Clause 1b, Point b Clause 2, Point b Clause 3, Point b Clause 3a, Point b Clause 3b, Point b Clause 4 of Article 67; Point b Clause 1, Point b Clause 2, Point b Clause 4 and Point b Clause 5 of Article 68; Clause 2 Article 69; Point b Clause 1, Point b Clause 2 and Point b Clause 3 of Article 70 of this Decree is the fine authority for an individual's administrative violation; for organizational administrative violations, the fine authority for organizations is twice the fine authority for individuals.”
61. Amend Clause 1 Article 72 as follows:
“Article 72. Division of Administrative Violation Penalty Authority
1. The authority to impose administrative penalties of the Chairpersons of People's Committees at all levels:
a) The Chairman of the People's Committee at the commune level shall impose penalties for administrative violations stipulated in Clause 1, Point a, b Clause 2 and Point a, b Clause 3 Article 24, Articles 25, 27, 28, 30, 31, 32, 33, 34, 36, 47, 48, 49 and 50 of this Decree and other administrative violations in related fields of administrative justice, marriage and family according to the authority prescribed in Clause 1 Article 66 of this Decree;
b) The Chairman of the People's Committee at the district level shall impose penalties for administrative violations stipulated in Clause 1, Point a, b Clause 2 and Point a, b Clause 3 Article 24, Articles 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 39 and 40, Section 5 Chapter III, Articles 47, 48, 49 and 50 of this Decree and other administrative violations in related fields of administrative justice, marriage and family according to the authority prescribed in Clause 2 Article 66 of this Decree;
c) The Chairman of the People's Committee at the provincial level shall impose penalties for administrative violations stipulated in Chapter II, Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 Chapter III, Chapter IV, Article 64a, Article 64b and Article 64c of this Decree and other administrative violations in related fields of legal assistance, administrative justice, marriage and family, corporate bankruptcy and cooperatives according to the authority prescribed in Clause 3 Article 66 of this Decree.”
62. Amend Point a, Point b, and supplement Point c, Point d of Clause 2 of Article 72 as follows:
“2. The administrative penalty authority of the inspectorate:
a) Inspector, Head of specialized inspection team, Chief Inspector of the Department of Justice shall impose penalties for administrative violations stipulated in Chapter II; Section 1, Section 2, Article 39, Article 40, Section 4, Section 5 of Chapter III; Chapter IV, Article 64a, Article 64b, and Article 64c of this Decree and other administrative violations related to the areas of judicial assistance, administrative justice, marriage and family under the authority prescribed in Clause 1 and Clause 2 of Article 67 of this Decree;
b) Inspector, Head of specialized inspection team, Chief Inspector of the Ministry of Justice shall impose penalties for administrative violations stipulated in Chapters II, III, IV, V, Article 64a, Article 64b, and Article 64c of this Decree and other administrative violations related to the areas of judicial assistance, administrative justice, marriage and family, civil enforcement under the authority prescribed in Clauses 1, 3, and 4 of Article 67 of this Decree;
c) Persons assigned the task of specialized inspection of the Judicial Assistance Bureau, Director of the Judicial Assistance Bureau shall impose penalties for administrative violations stipulated in Chapter II, Article 64a, Article 64b, and Article 64c and other administrative violations related to the area of judicial assistance under the authority prescribed in Clauses 1a and 3a of Article 67 of this Decree;
d) Persons assigned the task of specialized inspection of the Civil Status, Citizenship, and Authentication Bureau, Director of the Civil Status, Citizenship, and Authentication Bureau shall impose penalties for administrative violations stipulated in Section 1, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37 of Section 2 of Chapter III of this Decree and other administrative violations related to civil status, citizenship, and authentication activities under the authority prescribed in Clauses 1b and 3b of Article 67 of this Decree.”
63. Repeal Point c of Clause 3 of Article 72 of Decree No. 110/2013/NĐ-CP.
64. Amend Clause 5 of Article 72 as follows:
“5. People's Courts at all levels shall have the authority to impose penalties for acts prescribed from Article 53 to Article 64 of Chapter VI of this Decree according to the authority prescribed in Article 70 of this Decree.”
Article 2. Effectiveness and responsibility for implementation
1. This Decree takes effect from October 1, 2015.
2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees shall be responsible for implementing this Decree./.
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