Decree No. 76/2006/NĐ-CP on administrative sanctions for violations in the judicial sector

DECREE

Regulations on Administrative Offenses and Penalties in the Judicial Field

_____________________

 

THE GOVERNMENT

 

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

Based on the Nationality Law dated May 20, 1998;

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

Based on the Lawyer Ordinance dated July 25, 2001;

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

Based on the Civil Enforcement Ordinance dated January 28, 2004;

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

At the proposal of the Minister of Justice,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of penalties, penalty amounts, authority to impose penalties, procedures for handling administrative violations in civil enforcement activities, notarization, certification, household registration, nationality, criminal record, forensic appraisal, secured transaction registration, financial lease contracts, lawyer activities, legal consultation, auctioning of assets, commercial arbitration, legal dissemination and education, legal aid, and adoption (hereinafter referred to collectively as the judicial field).

2. Other acts of administrative violations in the judicial field not specified in this Decree shall be subject to provisions in other decrees of the Government regarding administrative penalties in areas under state management related to such fields.

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 penalized 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 penalized 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 the provisions of those treaties shall apply.

2. For acts of violating service regulations by officials and civil servants while performing their assigned duties in the judicial field but not reaching the level of criminal prosecution, they shall be disciplined according to the laws on officials and civil servants.

Article 3. Principles of Administrative Penalty, Aggravating Circumstances, Mitigating Circumstances in Administrative Penalty

1. The principles of administrative penalty in the judicial field shall be implemented according to the provisions of Article 3 of the Administrative Violation Handling Ordinance and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance (hereinafter referred to collectively as Decree No. 134/2003/NĐ-CP).

2. Aggravating circumstances and mitigating circumstances in administrative penalty in the judicial field shall be implemented according to the provisions of Articles 8 and 9 of the Administrative Violation Handling Ordinance and Article 6 of Decree No. 134/2003/NĐ-CP.

Article 4. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties in the judicial field is one year, counted from the date the administrative violation was committed. If the administrative violation is discovered beyond this period, no penalty will be imposed, but measures to mitigate consequences as provided for in this Decree will still be applied.

The person authorized to impose penalties who fails to act within the statute of limitations period shall be dealt with according to the provisions of Article 121 of the Administrative Violation Handling Ordinance.

2. For individuals who have been indicted, prosecuted, or had a case brought to trial under criminal procedure but have had an investigation terminated or a case dismissed, if their actions indicate administrative violations, they shall be subject to administrative penalties; within three days of issuing a decision to terminate the investigation or dismiss the case, the decision maker must send the decision to the person authorized to impose penalties; in this case, the statute of limitations for administrative penalties is three months, counted from the date the person authorized to impose penalties receives the decision to terminate the investigation and the case file.

3. Within the time limits set forth in Clause 1 and Clause 2 of this Article, if the violator commits new administrative violations in the judicial field or deliberately evades or obstructs the imposition of penalties, the statute of limitations for administrative penalties as stipulated in Clause 1 and Clause 2 of this Article shall not apply; the statute of limitations for administrative penalties shall be recalculated from the date of the new administrative violation or the date when the evasion or obstruction ends.

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 field of justice shall be subject to one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

In cases of fines, the specific amount of fine for a single administrative violation without aggravating or mitigating circumstances as stipulated in Articles 8 and 9 of the Administrative Violation Handling Ordinance shall be the midpoint of the fine range; for violations with mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range; if the violation has aggravating circumstances, the fine may be increased but not exceeding the maximum level of the fine range. For violations with both aggravating and mitigating circumstances, the competent authority may decide to apply a higher, lower, or the midpoint of the fine range depending on the nature and degree of such circumstances.

2. Additional forms of punishment:

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

a) Confiscation of property and means used to commit administrative violations;

b) Suspension of the right to use licenses or certificates of practice for a certain period or indefinitely.

3. Measures to remedy consequences:

Depending on the nature and degree of the violation, individuals and organizations committing administrative violations may also be subject to one or more measures to remedy consequences as specifically provided for in the relevant articles of Chapter II of this Decree.

Article 6. Period considered as not having been administratively penalized

Individuals and organizations administratively penalized in the field of justice shall be deemed not to have been administratively penalized if they have not committed a new violation within one year from the date of completion of the execution of the administrative penalty decision (i.e., from the date of completion of all obligations and requirements stated in the administrative penalty decision or from the date the administrative penalty decision was enforced through compulsory execution) or from the date the time limit for enforcement of the administrative penalty decision as stipulated in Article 69 of the Administrative Violation Handling Ordinance expired, provided that they do not reoffend.

Chapter II

ADMINISTRATIVE VIOLATIONS

AND FORMS OF ADMINISTRATIVE PENALTY IN THE FIELD OF JUSTICE

Section 1

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN CIVIL ENFORCEMENT ACTIVITY

Article 7. Violations concerning civil enforcement activities

1. Warning or a fine of VND 50,000 to VND 200,000 shall be imposed on any of the following acts of the person subject to enforcement:

a) Intentionally refusing to accept notices or summonses issued by the enforcement agency or court decisions;

b) Having received a second notice or summons but failing to appear at the location specified therein to perform the enforcement without a valid reason.

2. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on any of the following acts of the person subject to enforcement:

a) Intentionally failing to implement court decisions on emergency provisional measures or immediate enforcement decisions;

b) Failing to perform work ordered to be done or failing to cease performing work prohibited by court decisions;

c) Failing to fulfill enforcement obligations when having the ability to do so without a valid reason;

d) Failing to provide related documents to the enforcement officer regarding assets to be enforced without a valid reason;

đ) Failing to comply with agreements recognized by the court as stipulated in the enforcement decision.

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

a) Dispersing or damaging assets under seizure to avoid fulfilling enforcement obligations or to evade asset seizure for enforcement;

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

c) Damaging or destroying sealed assets;

d) Refusing to comply with the enforcement officer's decision to deduct money from bank accounts, offset income, or recover valuable papers from the person subject to enforcement.

4. Measures to remedy consequences:

Compel restoration to the original state for the acts stipulated in point a and point b, Clause 3 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN NOTARIZATION AND AUTHENTICATION ACTIVITY

Article 8. Acts violating regulations on notarization and certification of copies of documents, translations of documents

1. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of arbitrarily altering or erasing to distort the content of the original document to request notarization or certification.

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

a) Using fake documents or other fraudulent means to request notarization or certification;

b) Forging notarized or certified documents, forging the signature of the person conducting notarization or certification;

c) Altering notarized or certified documents.

3. Additional forms of punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 and Point c, Clause 2 of this Article;

b) Seizure of forged documents used to commit the acts stipulated in Point a and Point b, Clause 2 of this Article.

Article 9. Acts violating regulations related to translation of documents for notarization by translators who are associates

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

a) Using false files or documents to obtain a translation contract with a notary office;

b) Intentionally translating incorrectly from the original document;

c) Disclosing information about received documents without the consent of the document owner.

2. Additional forms of punishment:

Seizure of false documents used to sign translation contracts for the act stipulated in Point a, Clause 1 of this Article.

Article 10. Acts violating regulations on notarization and certification concerning contracts and transactions

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of arbitrarily altering or erasing to distort the content of documents to notarize or certify contracts and transactions.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of using fake documents or impersonating a subject to obtain notarization or certification of contracts and transactions.

3. Additional forms of punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 of this Article;

b) Seizure of fake documents used to commit the act stipulated in Clause 2 of this Article.

Article 11. Acts of brokerage in notarization and certification

A fine of VND 200,000 to VND 500,000 shall be imposed for the act of brokering for persons requesting notarization or certification.

Section 3

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN THE ACTIVITY OF MANAGING HOUSEHOLD REGISTRATION, CITIZENSHIP, AND CRIMINAL RECORDS

Article 12. Acts violating regulations on birth registration

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed on persons responsible for registering births for children 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 for any of the following acts:

a) Witnesses intentionally giving false testimony in birth registration; parents making false declarations about the birth;

b) Arbitrarily altering or erasing to distort the content of documents to request birth registration.

3. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of using fake documents to request birth registration.

4. Additional forms of punishment and measures to remedy consequences:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Point b, Clause 2 of this Article;

b) Seizure of fake documents used to commit the act stipulated in Clause 3 of this Article;

c) Revocation of the issued Birth Certificate and ordering the registration of birth according to the provisions of the law for the acts stipulated in Clause 2 and Clause 3 of this Article.

Article 13. Acts violating regulations on marriage registration

1. A fine of VND 100,000 to VND 300,000 shall be imposed on any act of arbitrarily altering or erasing contents of documents to misrepresent information for marriage registration procedures.

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

a) Using another person's documents for marriage registration procedures;

b) Using forged documents for marriage registration procedures;

c) Other fraudulent acts during marriage registration.

3. Additional forms of punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 of this Article;

b) Seize the forged documents used to commit the act stipulated in point b, Clause 2, Article 13.

4. Measures to remedy consequences:

Request the competent People's Court to revoke the Certificate of Marriage issued.

Article 14. Acts violating regulations on 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 complete the registration within the time limit prescribed by law.

2. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed on any act of arbitrarily altering or erasing contents of documents to misrepresent information for death registration procedures.

3. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of using forged documents for death registration procedures.

4. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of intentionally registering the death of a living person for personal gain.

5. Additional forms of punishment:

a) Seize the documents that have been altered or erased to misrepresent information for the act stipulated in Clause 2, Article 14;

b) Seize the forged documents used to commit the act stipulated in Clause 3, Article 14.

6. Measures to remedy consequences:

a) Revoke the Death Certificate issued and compel the registration of death according to the provisions of the law for the acts stipulated in Clause 2 and Clause 3, Article 14;

b) Revoke the Death Certificate issued for the act stipulated in Clause 4, Article 14.

Article 15. Acts violating regulations on guardianship registration; registration of adoption of parents and children; changes, corrections to household registration; re-determination of ethnicity; re-determination of gender; supplementation to household registration; adjustment to household registration; issuance of certificates of marital status

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

a) Intentionally providing false evidence;

b) Arbitrarily altering or erasing contents of documents to misrepresent information for registration procedures as prescribed.

2. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of using forged documents for registration procedures as prescribed.

3. Additional forms of punishment:

a) Seize the documents that have been altered or erased to misrepresent information for the act stipulated in point b, Clause 1, Article 15;

b) Seize the forged documents used to commit the act stipulated in Clause 2, Article 15.

4. Measures to remedy consequences:

Revoke the documents issued for violations stipulated in this Article.

Article 16. Acts violating regulations on nationality management

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts of arbitrarily altering or erasing contents of various types of documents or intentionally making false declarations in applications for issuance of Certificates of Vietnamese Nationality, Certificates of Loss of Vietnamese Nationality, Stateless Status, Re-acquisition or Renunciation of Vietnamese Nationality.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of using forged documents for nationality procedures.

3. Additional forms of punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 of this Article;

b) Seize the forged documents used to commit the act stipulated in Clause 2, Article 15.

4. Measures to remedy consequences:

Request the competent authority to revoke Certificates of Vietnamese Nationality, Loss of Vietnamese Nationality, Stateless Status, Re-acquisition or Renunciation of Vietnamese Nationality, Decisions on Acquisition of Vietnamese Nationality issued within the last five years for the acts stipulated in Clause 1 and Clause 2, Article 16.

Article 17. Acts violating regulations on issuing criminal record certificates

1. A warning or a fine of from VND 100,000 to VND 300,000 shall be imposed for any of the acts of arbitrarily altering or erasing to distort the content of documents to request issuance of a criminal record certificate.

2. A fine of from VND 200,000 to VND 300,000 shall be imposed for the act of using forged documents to request issuance of a criminal record certificate.

3. Additional forms of punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 of this Article;

b) Seize the forged documents used to commit the act stipulated in Clause 2, Article 15.

4. Measures to remedy consequences:

The competent authority shall be requested to revoke the criminal record certificate issued in cases of violations stipulated in Clause 1 and Clause 2 of this Article.

Section 4

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN LEGAL EXPERTISE ACTIVITIES

Article 18. Violations by legal experts

1. A fine of from VND 200,000 to VND 500,000 shall be imposed on a legal expert who commits any of the following violations:

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

b) Failing to attend as required by a summons from a judicial organ without a legitimate reason;

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

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

a) Conducting an expertise when not meeting the conditions prescribed by law;

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

c) Failing to keep confidential the results, information, and materials related to the expertise;

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

đ) Altering or erasing to distort the expertise results;

e) Intentionally conducting an expertise in a case where refusal to conduct the expertise is required under the law;

g) Failing to truthfully record the results during the expertise process.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on a legal expert who commits any of the following acts:

a) Taking advantage of their expertise work for personal gain;

b) Disclosing investigation secrets they know when participating in proceedings as a legal expert.

4. Additional forms of administrative punishment:

a) Confiscation of illegal gains obtained from the act stipulated in point a, Clause 3 of this Article;

b) Suspension of the right to use the expert card for a period of three to six months for the act stipulated in Clause 3 of this Article.

Section 5

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN REGISTRATION OF SECURITY TRANSACTIONS

Article 19. Violations in registration of security transactions, finance lease contracts

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of altering or erasing to distort the content of various types of certificates, information-providing documents issued by the registration agency, and 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 the act of forging documents or materials in the security transaction registration dossier, finance lease contract.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of forging certificates or information-providing documents issued by the registration agency; forging confirmation by the registration agency in the part recorded by the registration agency in the request form.

4. Additional forms of administrative punishment:

a) Seizure of documents that have been altered or erased to distort their content for the act stipulated in Clause 1 of this Article;

b) Confiscation of forged documents and materials used to commit the acts stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

The competent authority shall be requested to cancel the registration of security transactions, finance lease contracts in cases of violations stipulated in Clause 2 of this Article.

Article 20. Violations concerning the exploitation of information in the register of secured transactions, the register of financial lease contracts (hereinafter referred to collectively as the register), and the electronic database on secured transactions and financial lease contracts

1. A warning or a fine from 100,000 VND to 300,000 VND shall be imposed for any of the following acts:

a) Unauthorized exploitation of information in the register;

b) Erasing, altering, or destroying information stored in the register so as to distort it;

c) Other acts violating the regulations on the exploitation of information in the register.

2. The penalties for administrative violations in exploiting information on secured transactions and financial lease contracts in the electronic database shall be applied according to the provisions of the Decree stipulating administrative penalties for postal services, telecommunications, and radio frequency management, and the Decree stipulating administrative penalties in the field of culture and information.

Chapter 6

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN THE PRACTICE OF LEGAL PROFESSION AND LEGAL ADVICE SERVICES

Article 21. Violations in the practice of the legal profession

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) Practicing not in accordance with the forms and scope of practice prescribed by law;

b) Simultaneously establishing or participating in the establishment of two or more legal practice organizations;

c) Allowing others to use the Legal Practice Certificate or the license to practice law in Vietnam to practice law;

d) Using the Legal Practice Certificate or the license to practice law in Vietnam of another person to practice law;

đ) Practicing when the license to practice law in Vietnam has expired without renewal.

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

a) Not recording in the legal service contract the agreed remuneration with the client;

b) Forcing the client to pay additional money or material benefits other than the agreed remuneration and costs in the legal service contract.

3. Additional forms of punishment:

a) Revoking the right to use the Legal Practice Certificate or the license to practice law in Vietnam for three to six months for the act specified in point a and point c, clause 1 of this Article, and for six to twelve months in cases of serious violation of the use of licenses and certificates or repeated offenses;

b) Revoking indefinitely the registration of operation for the organization practicing law that establishes more than the prescribed number of organizations for the act specified in point b, clause 1 of this Article;

c) Confiscating the illegal profits obtained from the implementation of the acts specified in point c, point d, point đ, clause 1 and clause 2 of this Article;

d) Revoking the right to use the Legal Practice Certificate or the license to practice law in Vietnam for six to twelve months for the act specified in point a, clause 2 of this Article.

Article 22. Violations concerning the organization and operation of legal practice organizations

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

a) Not notifying the Ministry of Justice, Provincial Department of Justice, Tax Office, and Bar Association of the locality where the organization is registered about setting up a foreign office after obtaining permission from the competent authority of the foreign country;

b) Not notifying the Provincial Department of Justice of the locality where the organization is registered about opening a branch outside the locality after the branch has been granted a registration certificate according to the law;

c) Not having an office, not having a signboard, or using a signboard contrary to the provisions of the law;

d) Not notifying the Provincial Department of Justice and the Bar Association of the locality where the organization is registered, and not publishing in the press as required when establishing, temporarily suspending operations, ceasing operations, or resuming operations;

đ) Not implementing the regular reporting system on organizational and operational status as prescribed;

e) Not notifying the Provincial Department of Justice and the Bar Association of the locality where the organization is registered in advance when changing the name, address of the headquarters, scope of practice, list of member lawyers, or the legal representative of the legal practice organization.

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

a) Unauthorized erasing or altering the content of the registration certificate;

b) Changing the name, scope of practice, Branch Manager, Managing Director of the law firm, or changing the location of the headquarters from one province or centrally-administered city to another without approval;

c) Allowing non-lawyers to perform legal practice activities under the name of their legal practice organization;

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

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

a) Charging lawyer's fees not in accordance with the provisions of the law;

b) Allowing other individuals or organizations to use their registration certificate to conduct legal practice activities;

c) Permitting other individuals or organizations to conduct legal practice activities at their transaction offices.

4. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals or organizations that do not meet the conditions to practice law as prescribed by law but engage in the practice of law in any form.

5. Additional forms of punishment:

a) Confiscating the altered or erased documents for the act specified in point a, clause 2 of this Article;

b) Confiscating the illegal profits obtained from the implementation of the acts specified in point c, clause 2, point b, and point c, clause 3 and clause 4 of this Article;

c) Revoking the right to use the registration certificate for three to six months for the acts specified in point a, point b, and point d, clause 2 of this Article; revoking indefinitely the right to use the registration certificate for the acts specified in point c, clause 2, point b, and point c, clause 3 of this Article in cases of serious violation of the use of the registration certificate and the practice certificate.

6. Measures to remedy consequences:

a) Ordering compliance with the reporting and notification requirements for the acts specified in clause 1 of this Article;

b) Compelling the return of improperly collected funds for the act specified in point a, clause 3 of this Article.

Article 23. Violations concerning the organization and operation of Legal Counseling Centers

1. A warning shall be imposed for the act of not posting the list of legal advisors at the center's office as prescribed.

2. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of not posting the list of legal counselors at the center's office as prescribed.

3. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of using individuals who are not legal counselors or legal advisory collaborators to provide legal counseling.

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

a) Providing legal counseling without having been issued an operating registration certificate;

b) Providing legal counseling outside the scope of activities as prescribed.

5. Additional forms of punishment:

a) Confiscate the unlawful profits obtained from the acts prescribed in Point a and Point b Clause 4 of this Article;

b) Revoke the right to use the operating registration certificate for three to six months for the acts prescribed in Clause 3 of this Article and Point b Clause 4 of this Article; revoke the right to use the operating registration certificate indefinitely in cases of serious violations of the regulations on the use of the operating registration certificate and professional certificates.

6. Measures to remedy consequences:

Order to comply with the provisions on posting the list of legal counselors and legal advisory collaborators for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 24. Violations in the provision of legal counseling by legal counselors and legal advisory collaborators

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on legal counselors and legal advisory collaborators for any of the following acts:

a) Intentionally providing illegal counseling;

b) Demanding additional money or other material benefits beyond the fee collected by the Legal Counseling Center;

c) Abusing the name of the Legal Counseling Center or the name of a legal counselor or legal advisory collaborator to provide legal counseling for personal gain or to conduct other illegal activities.

2. Additional forms of punishment:

a) Confiscate the unlawful profits obtained from the acts prescribed in Point b and Point c Clause 1 of this Article;

b) Revoke the right to use the Legal Counselor Certificate for a period of three to six months or remove from the list of legal advisory collaborators for the acts prescribed in Clause 1 of this Article in case of serious violation of the regulations on the use of professional certificates or repeat offenses.

3. Measures to remedy consequences:

Order to return the amount of money or other material benefits for the acts prescribed in Point b Clause 1 of this Article.

Section 7

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN AUCTION ACTIVITIES

Article 25. Violations concerning the procedures and formalities for auctioning assets

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

a) Not implementing or improperly implementing the regulations on posting and publicly announcing the auction of assets, displaying and viewing auctioned assets;

b) Engaging in fraudulent acts to participate in or allowing others to participate in auctions contrary to the regulations prohibiting certain persons from participating in auctions.

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

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

b) Not implementing or improperly implementing the regulations on determining the initial price of auctioned assets;

c) Not implementing or improperly implementing the legal regulations on asset appraisal in cases where asset appraisal is required by law.

3. Additional forms of punishment:

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

4. Measures to remedy consequences:

a) Order to implement the posting and public announcement, display and viewing of auctioned assets in accordance with the law;

b) Invalidate the results of the auction of assets for the acts prescribed in Point b Clause 1 of this Article if the person participating in the auction contrary to the regulations has purchased the asset;

c) Order to implement the determination of the initial price of the asset and the asset appraisal for the acts prescribed in Point b and Point c Clause 2 of this Article.

Article 26. Violations by Participants in Auctions of Assets

1. A fine of from VND 500,000 to VND 1,000,000 for fraudulent acts concerning participation conditions in auctions of assets, except for the acts prescribed in point b, Clause 1, Article 25 of this Decree.

2. A fine of from VND 10,000,000 to VND 20,000,000 for colluding or depressing prices during the auction process.

3. Measures to remedy consequences:

Annulment of the auction sale results for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 27. Violations Regarding the Use of Auctioneer Cards

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) Allowing another person to use their Auctioneer Card to conduct an auction sale;

b) Using another person's Auctioneer Card to conduct an auction sale.

2. Additional forms of punishment:

a) Suspension of the right to use the Auctioneer Card for a period of three to six months for the act prescribed in point a, Clause 1 of this Article; suspension of the right to use the Auctioneer Card indefinitely in cases of serious violations of the regulations on professional certificates or repeated offenses;

b) Confiscation of the illegal profits obtained from the acts prescribed in Clause 1 of this Article.

Article 28. Violations Regarding the Organization and Conduct of Auction SalesJune 2024;

1. A fine of from VND 500,000 to VND 1,000,000 for the Auction Asset Service Center and auction asset enterprises that fail to report regularly to the provincial People's Committee or the municipal People's Committee under the central government where the center or enterprise is headquartered, and the Ministry of Justice about their organization and activities.

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 function of conducting auctions as prescribed by law, the Auction Asset Service Center, and auction asset enterprises without auctioneers still proceeding with auction sales;

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

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

3. Measures to remedy consequences:

a) Require compliance with reporting regulations for the act prescribed in Clause 1 of this Article;

b) Order the return of the amount collected in violation of the regulations for the act prescribed in point b, Clause 2 of this Article.

Section 8

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN COMMERCIAL ARBITRATION ACTIVITIES

Article 29. Violations Regarding the Organization and Activities of Arbitration Centers and Arbitrators

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

a) Engaging in deceitful acts that distort the records of the establishment of arbitration centers;

b) Failure to comply with the regular reporting system as prescribed.

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

a) Operating contrary to the contents recorded in the license for establishing the arbitration center; amending or supplementing the charter of the arbitration center without approval from the Ministry of Justice;

b) Arbitrarily altering or erasing to distort the contents of the establishment license or registration for operation of the arbitration center;

c) Failing to implement public announcements regarding cessation of operations and completion of cessation procedures with competent authorities as prescribed.

3. A fine of from VND 2,000,000 to VND 3,000,000 for disclosing confidential information related to the content of disputes resolved by arbitrators causing damage to the parties involved in litigation.

4. Additional forms of administrative punishment:

a) Confiscation of altered or erased documents for the acts prescribed in point a, Clause 1 and point b, Clause 2 of this Article;

b) Suspension of the right to use the establishment license and registration for operation of the arbitration center for a period of three to six months for violations prescribed in point a, point b, and point c, Clause 2 of this Article.

5. Measures to remedy consequences:

a) Request the issuing authority to revoke the establishment license of the arbitration center for the violation prescribed in point a, Clause 1 of this Article;

b) Require the submission of supplementary registration procedures and notification to the competent authority as prescribed for the violations prescribed in point a and point c, Clause 2 of this Article.

Section 9

ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTION

IN LEGAL PROMOTION AND EDUCATION ACTIVITIES,

LEGAL ASSISTANCE

Article 30. Violations concerning the obligations of legal reporters and legal propagandists

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for the act of exploiting the status of a legal reporter or legal propagandist 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 shall be imposed for the act of exploiting legal dissemination and education activities to incite and cause harm to national security, political stability, social order and safety, cultural traditions, morality, and customs of the nation, but not reaching the level of criminal prosecution.

3. Additional forms of punishment:

The legal reporter card shall be revoked for three to six months for the acts stipulated in Clause 1 and Clause 2 of this Article; the legal reporter card shall be revoked indefinitely in cases of serious violations of the regulations on the use of professional certificates or repeated offenses.

Article 31. Violations concerning the obligations of persons implementing legal aid, legal aid volunteers, and organizations implementing legal aid activities

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

a) Using the legal aid volunteer card or exploiting the status of a legal aid volunteer to carry out activities not assigned with the aim of personal gain;

b) Borrowing or lending the legal aid volunteer card to carry out legal aid activities with the aim of personal gain;

c) Receiving money or demanding other benefits from the person receiving legal aid in any form.

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

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

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

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of establishing a legal aid organization illegally.

4. Additional forms of administrative punishment:

The legal aid volunteer card shall be revoked indefinitely for the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences

a) Compelling public apology for the act stipulated in point a Clause 2 of this Article;

b) Compelling repayment of the amounts received for the act stipulated in point c Clause 1 of this Article.

Section 10

ADMINISTRATIVE VIOLATIONS AND FORMS OF ADMINISTRATIVE PENALTY

IN ACTIVITIES OF GIVING, RECEIVING, AND RAISING ADOPTED CHILDREN

Article 32. Violations concerning the adoption of adopted children by individuals

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed for the act of giving or receiving an adopted child without registering with the competent state agency.

2. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of carrying out the adoption when the competent state agency has issued a document refusing the adoption.

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

a) Providing false information to register for adoption;

b) Arbitrarily altering or tampering with the content of documents to complete the registration procedures for adoption;

c) Using forged documents to complete the registration procedures for adoption;

d) Tempting, bribing, coercing, or threatening to obtain the consent of those who have the right to agree to the adoption of a child;

đ) Exploiting the introduction of children for adoption for personal gain;

e) Engaging in illegal brokerage services for the giving or receiving of adopted children.

4. Additional forms of administrative punishment:

a) Seizing altered or erased documents for the act stipulated in point b Clause 3 of this Article;

b) Seizing forged documents for the act stipulated in point c Clause 3 of this Article;

c) Seizing unlawful profits obtained for the acts stipulated in point d, point đ, and point e Clause 3 of this Article.

5. Measures to remedy consequences:

Revoking the adoption decision (or requesting the competent authority to revoke it) for the acts stipulated in point a, point b, point c, and point d Clause 3 of this Article.

Article 33. Acts violating regulations on international adoption by foreign adoption offices

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on foreign adoption offices that commit any of the following acts:

a) Failing to notify the competent state agency of changes in office location or head of the foreign adoption office in Vietnam;

b) Failing to comply with the regular annual reporting system;

c) Failing to fully comply with the procedures for granting or receiving international adoption.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on foreign adoption offices that commit any of the following acts:

a) Altering, falsifying, or forging documents to obtain an operating permit;

b) Making false declarations to obtain an operating permit;

c) Operating outside the scope, content, and area specified in the permit.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on foreign adoption offices that commit any of the following acts:

a) Engaging in activities when the permit has expired or without a valid permit;

b) Engaging in adoption activities for profit.

4. Additional forms of punishment and measures to remedy consequences:

a) Suspension of the right to use the operating permit for one to three months for the acts stipulated in Clause 1 and Point c, Clause 2 of this Article;

b) Permanent revocation of the right to use the operating permit for the act stipulated in Point b, Clause 3 of this Article;

c) Confiscation of illegal profits obtained for the act stipulated in Point b, Clause 3 of this Article;

d) Recommendation to the competent authority to revoke the issued permit for the acts stipulated in Points a and b, Clause 2 of this Article.

Section 11

OTHER ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTY

Article 34. Acts violating regulations on fees and charges

The imposition of penalties for administrative violations concerning fees and charges in the field of justice shall be applied according to the provisions of the Decree on penalties for administrative violations in the field of fees and charges.

Article 35. Acts of bribery; disrupting or obstructing public officials in the field of justice

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the act of offering money, property, or other material benefits to facilitate procedures under the regulations in the field of justice or to evade administrative penalties but not reaching the level of criminal prosecution.

2. Penalties for individuals who obstruct, fail to comply with the requests of public officials; make insulting or defamatory statements against the dignity of public officials or resist public officials; incite others not to comply with the requests of public officials; cause disturbances, disrupt public order, or incite others to cause disturbances and disrupt public order, or engage in other acts of disruption or obstruction that hinder activities in the field of justice shall be applied according to the provisions of the Decree on penalties for administrative violations in the fields of security and public order, and social safety.

3. Additional forms of penalty:

Confiscation of all money, property, or materials used for bribery for the act stipulated in Clause 1 of this Article.

Chapter III

AUTHORITY TO IMPOSE PENALTIES

Article 36. Authority to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of People's Committee of communes, wards, towns has the right to:

a) To issue warnings;

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

c) Confiscate objects and means used to commit administrative violations up to a value of VND 500,000;

d) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

2. The Chairperson of People's Committee of districts, urban districts, provincial towns, provincial cities has the right to:

a) To issue warnings;

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

c) Confiscate objects and means used for committing administrative violations;

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

đ) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

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

a) To issue warnings;

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

c) Confiscate objects and means used for committing administrative violations;

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

đ) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

Article 37. Authority to impose administrative penalties of specialized inspection agencies under the Ministry of Justice

1. Specialized inspectors under the Ministry of Justice on duty have the right to:

a) To issue warnings;

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

c) Confiscate objects and means used for committing administrative violations with a value up to VND 2,000,000.

d) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

2. The Chief Inspector of the Department of Justice has the right to:

a) To issue warnings;

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

c) Confiscate objects and means used for committing administrative violations;

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

đ) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

3. The Chief Inspector of the Ministry of Justice has the right to:

a) To issue warnings;

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

c) Confiscate objects and means used for committing administrative violations;

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

đ) Order the implementation of measures to remedy consequences prescribed in Chapter II of this Decree.

Article 38. Authority to impose administrative penalties of civil enforcement agencies

1. Civil enforcement officers on duty have the right to:

a) To issue warnings;

b) Impose fines up to VND 200,000.

2. Heads of civil enforcement agencies at district level have the right to issue warnings and impose fines up to VND 500,000.

3. Heads of civil enforcement agencies at provincial level, heads of civil enforcement agencies in military regions and equivalent levels have the right to:

a) To issue warnings;

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

Article 39. Division of authority to impose administrative penalties among 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 in areas under their local jurisdiction according to specific authority stipulated in Article 36 of this Decree.

2. Specialized inspection agencies under the Ministry of Justice shall impose penalties for administrative violations prescribed in Chapter II of this Decree and other administrative violations related to the field of justice as prescribed in Government Decrees on administrative penalty in fields of state management according to specific authority stipulated in Article 37 of this Decree.

The Chief Inspector and specialized inspectors under the Department of Justice shall not impose penalties for administrative violations prescribed in Section 5 of Chapter II of this Decree.

3. Civil enforcement agencies shall impose penalties according to the authority stipulated in Article 38 of this Decree for administrative violations in civil enforcement activities.

4. In cases where administrative violations prescribed in this Decree fall within the authority to impose penalties of multiple agencies, the agency that first accepts the case shall carry out the penalty.

Article 40. Authority to impose administrative penalties of other agencies

In addition to those with authority to impose penalties as stipulated in Articles 36, 37, and 38 of this Decree, persons with authority to impose administrative penalties of other agencies according to the Administrative Violation Handling Ordinance within their functional and assigned tasks who discover administrative violations prescribed in this Decree within their managed fields or areas also have the right to impose penalties but must comply with the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 41. Suspension of Administrative Violation Acts

Upon discovering acts of administrative violations or receiving reports, records regarding such acts in the field of judiciary, the authorized authority for punishment must immediately inspect, verify, and issue an order to suspend the violation act.

Article 42. Establishment of Administrative Violation Records

1. The authorized authority performing duties and public services must promptly establish an administrative violation record except in cases where the penalty is in the form of a warning or a fine up to 100,000 VND.

The establishment of administrative violation records in the field of judiciary shall be carried out by the authorized authority for punishing administrative violations in the field of judiciary, notaries, and officials assigned the task of supervising and inspecting the implementation of laws on state management in the field of judiciary.

2. The establishment of administrative violation records must comply with the provisions stipulated in Article 55 of the Ordinance on Handling Administrative Violations and Article 20 of Decree No. 134/2003/NĐ-CP.

Article 43. Decision on Imposing Penalties

1. The issuance of a simple procedure penalty decision shall be implemented according to the provisions stipulated in 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 implemented according to the provisions stipulated in Article 56 of the Ordinance on Handling Administrative Violations and Article 21 of Decree No. 134/2003/NĐ-CP.

Article 44. Fine Collection Procedure

The fine collection procedure and submission of fines shall be carried out according to the provisions stipulated in Articles 57 and 58 of the Ordinance on Handling Administrative Violations.

Article 45. Procedure for Revoking the Right to Use Licenses, Certificates, Confiscation, and Handling of Violation Objects and Means

The procedure for revoking the right to use licenses, certificates, confiscation, and handling of violation objects and means shall be carried out according to the provisions stipulated in Articles 59, 60, and 61 of the Ordinance on Handling Administrative Violations.

Article 46. Execution of Administrative Violation Penalty Decisions and Postponement of Fine Payment Execution

1. Individuals and organizations subject to administrative violation penalties must execute the penalty decision according to the provisions stipulated in Article 64 of the Ordinance on Handling Administrative Violations and Article 22 of Decree No. 134/2003/NĐ-CP.

2. Individuals fined 500,000 VND or more may be granted postponement of execution of the penalty decision according to the provisions stipulated in Article 65 of the Ordinance on Handling Administrative Violations.

Article 47. 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 according to the provisions stipulated in 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 the 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 according to the provisions stipulated in Article 68 of the Ordinance on Handling Administrative Violations and Article 27 of Decree No. 134/2003/NĐ-CP.

Article 48. Time Limit for Enforcement of Administrative Violation Penalty Decisions

The time limit for enforcing administrative violation penalty decisions in the field of judiciary is one year, starting 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 aforementioned time limit shall be recalculated from the point at which the evasion or delay ends.

Chapter V

PETITION, COMPLAINT, AND HANDLING OF VIOLATIONS

Article 49. Complaints and Reports

1. Individuals or organizations subject to administrative penalties in the field of justice, or their legitimate representatives, have the right to appeal against the penalty decision made by the competent authority.

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

2. The procedures for complaints, reports, and handling complaints and reports shall be implemented in accordance with the provisions of Article 118 of the Ordinance on Handling Administrative Violations.

3. Initiating litigation against decisions on administrative penalties, decisions on applying preventive measures and ensuring the enforcement of administrative penalties in the field of justice shall be carried out in accordance with the provisions of the law on the procedure for resolving administrative cases.

Article 50. Handling of Competent Authorities Administering Administrative Penalties in the Field of Justice

Competent authorities administering administrative penalties in the field of justice who harass, tolerate, shield violators, fail to impose penalties, impose penalties incorrectly, or impose penalties 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 provisions of the law.

Article 51. Handling Violations of Persons Subject to Administrative Penalties

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

Chapter VI

IMPLEMENTING PROVISIONS

Article 52. Effective date

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette.

2. The following provisions are abolished from the date this Decree takes effect:

a) Article 9 and Article 14 of Chapter II of Decree No. 87/2001/NĐ-CP dated November 21, 2001 of the Government on administrative penalties in the field of marriage and family;

b) Articles 20, 21, 22, and 23 of Chapter V of Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on organizing and operating legal advisory activities;

c) Articles 51, 52, 53, and 54 of Chapter VI of Decree No. 87/2003/NĐ-CP dated July 22, 2003 of the Government on foreign lawyers' practice in Vietnam;

d) Articles 32, 33, and 34 of Chapter V of Decree No. 173/2004/NĐ-CP dated September 30, 2004 of the Government on procedures, enforcement, and administrative penalties in civil enforcement proceedings.

Article 53. Implementation Responsibility

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