Nghị định 60/2009/ND-CP

Decree no. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain

Decree no. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain đã được thay thế bởi Decree No.110/2013/ND-CP sanction of administrative violation in the field of judicial assistance và được áp dụng kể từ ngày 11/11/2013.

Nội dung toàn văn Decree no. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No. 60/2009/ND-CP

Hanoi, July 23, 2009

DECREE

ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE JUDICIAL DOMAIN

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 9, 2000 Law on Marriage and Family;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the June 29, 2005 Law on Lawyers;
Pursuant to the November 29, 2006 Law on Legal Aid;
Pursuant to the November 29, 2006 Law on Notarization;
Pursuant to the November 13, 2008 Law on Vietnamese Nationality;
Pursuant to the November 14, 2008 Law on Enforcement of Civil Judgments;
Pursuant to the February 25, 2003 Ordinance on Commercial Arbitration;
Pursuant to the September 29, 2004 Ordination Judicial Expertise;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2, 2008 Ordinance on Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

 GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree specifies acts of administrative violation, sanctions and levels, sanctioning competence, procedures for sanctioning administrative violations in enforcement of civil judgments; notarization; certification; civic status registration; citizenship; judicial records; judicial expertise; registration of security transactions; lawyer practice and legal consultancy; asset auction; commercial arbitration; law dissemination and education; legal aid; putting up of children for adoption, child adoption and nurturing of adopted children; and international cooperation in legal affairs (below collectively referred to as the judicial domain).

2. Other acts of administrative violation in the judicial domain which are not specified in this Decree shall be sanctioned under other government decrees on sanctioning of administrative violations in relevant state management domains.

Article 2. Subjects of application

1. Individuals and organizations that commit acts of intentionally or unintentionally violating regulations on state management in the judicial domain, which do not constitute crimes, shall be sanctioned under this Decree.

Foreign individuals and organizations that commit acts of administrative violation in the judicial domain in the territory of the Socialist Republic of Vietnam shall be sanctioned under this Decree, unless otherwise provided for by a treaty to which the Socialist Republic of Vietnam is a contracting party. In this case, that treaty will prevail.

2. Administrative sanctions are not imposed for acts of violation specified in this Decree and committed by cadres and civil servants while performing their assigned duties. Their violations shall be handled under the law on cadres and civil servants.

Article 3. Principles for sanctioning administrative violations, extenuating circumstances and aggravating circumstances in sanctioning administrative violations

1. Principles for sanctioning administrative violations in the judicial domain comply with Article 3 of the Ordinance on Handling of Administrative Violations and Article 3 of the Government's Decree No. 12812008/ND-CP dated December 16, 2008, detailing a number of articles of the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations (below referred to as Decree No. 128/2008/ND-CP).

2. Extenuating circumstances and aggravating circumstances in sanctioning administrative violations in the judicial domain comply with Articles 8 and 9 of the Ordinance on Handling of Administrative Violations and Article 6 of Decree No. 128/2008/ND-CP.

Article 4. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning an administrative violation in the judicial domain is one year after this violation is committed. For an administrative violation which is detected after the statute of limitations expires, no sanction shall be imposed but the violator is still subject to remedies specified in this Decree.

Persons with sanctioning competence who are at fault in letting an administrative violation be unsanctioned after the statute of limitations expires shall be handled under Article 121 of the Ordinance on Handling of Administrative Violations.

2. An individual against whom a criminal case has been instituted, who has been prosecuted or against whom there has been a decision to bring his/her case to trial according to criminal procedures but there is now a decision to suspend the investigation or his/her case shall be administratively sanctioned if his/her act shows signs of administrative violation. Within 3 days from the date of issuance of a decision to suspend investigation or a case, the person who has issued that decision shall send the decision to a person with sanctioning competence. In this case, the statute of limitations for sanctioning the administrative violation is 3 months after the person with sanctioning competence receives the suspension decision and the violation case file.

3. Within the time limit specified in Clause 1 or 2 of this Article, if a violator commits a new act of administrative violation in the judicial domain or deliberately shirks or obstructs the sanctioning, the statute of limitations for sanctioning specified in Clause 1 or 2 of this Article will not apply but shall be recounted from the time of commission of the new administrative violation or the time of termination of the act of shirking or obstructing the sanctioning.

Article 5. Sanctions and remedies

1. Principal sanctions:

Administrative violators in the judicial domain are subject to the following principal sanctions:

a/ Caution;

b/ Fine

In case a fine is imposed, the specific fine level for an administrative violation without extenuating circumstances and aggravating circumstances as specified in Articles 8 and 9 of the Ordinance on Handling of Administrative Violation is the average level of the fine bracket. For a violation with extenuating circumstance(s), the fine level may be reduced but must not be lower than the minimum level of the fine bracket. For a violation with aggravating circumstance(s), the fine level may increase but must not exceed the maximum level of the fine bracket. For an administrative violation with both extenuating circumstance(s) and aggravating circumstance(s), a competent person shall decide to impose a fine level higher or lower than the average level or the average level of the fine bracket, depending on the nature and extent of these circumstances.

2. Additional sanctions:

Depending on the nature and severity of their violations, violators may also be subject to either or both of the following additional sanctions:

a/ Confiscation of material evidence and means used for committing administrative violations;

b/ Deprivation of the right to use practice licenses or certificates for a definite or an indefinite time.

In case individuals or organizations committing administrative violations specified in Chapter II of this Decree are imposed the additional sanction of deprivation of the right to use practice licenses or certificates, operation registration certificates, participation registration certificates, establishment licenses or cards, they will not be allowed to practice their profession or operate within the duration of deprivation of the right to use these licenses, certificates or cards.

3. Remedies:

Depending on the nature and severity of their violations, administrative violators may also be subject to one or several remedies specified in articles of Chapter II of this Decree.

In case an act of administrative violation in the judicial domain is detected after the statute of limitations for sanctioning expires, no sanction shall be imposed but competent agencies or persons may apply one or more of the following remedies:

a/ Forcible restoration of the original state which has been altered due to the administrative violation;

b/ Destruction of material evidence and means used for committing the administrative violation;

c/ Revocation of papers already issued by competent authorities.

Article 6. Duration upon the expiration of which individuals and organizations are regarded as having never been administratively sanctioned

If individuals and organizations already administratively sanctioned for violations in the judicial domain do not relapse into these violations within one year after they completely execute sanctioning decisions (i.e., from the date of fulfillment of obligations and requests stated in sanctioning decisions or the date of enforcement of sanctioning decisions) or the expiration of the statute of limitations for implementing sanctioning decisions specified in Article 69 of the Ordinance on Handling of Administrative Violations, they will be regarded as having never been administratively sanctioned.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION AND SANCTIONS

Section 1. ACTS OF ADMINISTRATIVE VIOLATION IN CIVIL JUDGMENT ENFORCEMENT AND SANCTIONS

Article 7. Acts of violation of regulations on civil judgment enforcement

1. A caution or a fine of between VND 50,000 and 200,000 shall be imposed on an individual for failing to show up at a place for judgment enforcement indicated in a second-time notice or summon without any plausible reason after he/she has received that notice or summon from a competent person (enforcer or executor).

2. A fine of between VND 200,000 and 500,000 shall be imposed on a judgment debtor for any of the following acts:

a/ Deliberately failing to execute a court ruling on application of provisional urgent measures or a judgment or ruling which must be immediately executed;

b/ Failing to perform a compulsory job or to terminate the performance of a banned job indicated in a court judgment or ruling under a judgment enforcement decision;

c/ Deliberately delaying the performance of the judgment execution obligation though having conditions for judgment execution;

d/ Failing to satisfy a request of a person with judgment-enforcing competence for supply of information on or handover of papers related to handled assets for judgment enforcement without any plausible reason;

dd/ Failing to realize the commitment he/she has agreed upon under a court ruling recognizing the agreement.

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

a/ Dispersing or damaging assets subject to distraint in order not to perform the judgment execution obligation or to shirk the asset distraint for judgment enforcement;

b/ Failing to suspend the illegal registration, use, consumption, transfer, exchange, hiding or change of the state of distrained assets;

c/ Breaking seals on or destroying distrained assets;

d/ Failing to abide by a decision of a person with judgment-enforcing competence on deduction of account or income or of valuable papers of the judgment debtor;

dd/ Failing to abide by a decision of a person with judgment-enforcing competence on collection of money from business activities of the judgment debtor, money being held by the judgment debtor, or the judgment debtor’s money being held by a third party;

e/ Failing to blockade the judgment debtor’s account under a decision of a person with judgment-enforcing competence.

4. Remedies:

a/ Forcible restoration of the original state which has been altered due to the administrative violation;

b/ Forcible observance of regulations on account blockade, forcible handover of money and valuable papers, forcible deduction of money for judgment enforcement or deduction of money from accounts, for acts specified at Point d, e and f, Clause 3 of this Article.

Section 2. ACTS OF ADMINISTRATIVE VIOLATION IN CERTIFICATION AND SANCTIONS

Article 8. Acts of violation of regulations on certification of copies of originals and signatures

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for modifying or erasing without permission or otherwise falsifying to-be-certified copies or originals for carrying out procedures for requesting certification.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for either of the following acts:

a/ Forging papers or using forged papers or employing other deceitful tricks in carrying out procedures for requesting certification;

b/ Forging papers or using forged papers as certified copies or imitating signatures of certifiers.

3. Additional sanction:

Confiscation of papers which have been modified or erased or have their contents falsified or of forged papers, for acts specified in Clauses 1 and 2 of this Article.

Article 9. Acts of violation of regulations on certification of contracts and transactions

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for modifying or erasing without permission or otherwise falsifying papers for certification of contracts or transactions.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for forging papers or using forged papers or impersonating contractual or transacting parties to obtain certification of contracts or transactions.

3. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clauses 1 and 2 of this Article.

Section 3. ACTS OF ADMINISTRATIVE VIOLATION IN MANAGEMENT OF CIVIC STATUS REGISTRATION, CITIZENSHIP AND JUDICIAL RECORDS, AND SANCTIONS

Article 10. Acts of violation of regulations on birth registration

1. A caution or a fine of between VND 50,000 and 100,000 shall be imposed on a person responsible for making birth registration for a child who fails to do so within a law-prescribed time limit.

2. A fine of between VND 100,000 and 300,000 shall be imposed for either of the following acts:

a/ Intentionally providing an untruthful testimony in birth registration; the birth registration maker's guarantee is untrue to the birth;

b/ Modifying or erasing without permission or otherwise falsifying papers for carrying out procedures for birth registration.

3. A fine of between VND 200,000 and 500,000 shall be imposed for any of the following acts:

a/ Forging papers or using forged papers for carrying out procedures for birth registration;

b/ Committing another deceitful act to obtain birth registration for self-seeking purpose;

c/ Forging one's birth certificate or borrowing another person's birth certificate to commit an illegal act.

4. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified at Point b, Clause 2, and Clause 3, of this Article.

5. Remedies:

Competent agencies shall revoke, upon request, issued birth certificates and compel lawful birth registration, for acts specified at Point a, Clause 2, and Points a and b, Clause 3, of this Article.

Article 11. Acts of violation of regulations on marriage registration

1. A fine of between VND 100,000 and 300,000 shall be imposed for modifying or erasing or otherwise falsifying papers for carrying out procedures for marriage registration.

2. A fine of between VND 200,000 and 500,000 shall be imposed for any of the following acts:

a/ Using another person's papers for carrying out procedures for marriage registration;

b/ Forging papers or using forged papers for carrying out procedures for marriage registration;

c/ Committing another deceitful act in marriage registration.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for making a guarantee untrue to one's actual marital status for carrying out procedures for marriage registration or obtaining a marital status certificate for use for other purposes.

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for either of the following acts:

a/ Providing illegal marriage brokerage;

b/ Abusing marriage registration for self-seeking, sexual assault or labor exploitation purpose.

5. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clause 1, and Points b and c, Clause 2, of this Article.

6. Remedies:

a/ Revocation and cancellation of issued marriage certificates, for acts specified in Clauses 1, 2 and 3 of this Article;

b/ Competent agencies shall revoke, upon request, issued marriage certificates, and guide involved parties to make marriage registration again under law, for acts specified in Clauses 1 and 2 of this Article which are not in violation of regulations on marriage conditions.

Article 12. Acts of violation of regulations on organization and operation of marriage assistance centers

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on a marriage assistance center committing any of the following acts:

a/ Failing to notify a competent state agency of a change in its name, head office or head;

b/ Failing to comply with regulations on reporting, compilation, management and use of books, records and forms;

c/ Failing to publicize and collect charges for marriage assistance services at publicized rates under regulations;

d/ Modifying or erasing without permission or otherwise falsifying operation registration certificates or papers in dossiers of application for operation registration certificates.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on a marriage assistance center committing any of the following acts:

a/ Forging papers or using forged papers in a dossier of application for an operation registration certificate or dossier of application for registration of a change in its operation; forging an operation registration certificate or using a forged operation registration certificate;

b/ Making untruthful declarations in carrying out procedures for applying for an operation registration certificate;

c/ Operating beyond the registered scope of operation or conducting operations not stated in its operation registration certificate;

d/ Failing to register with a competent state agency a change in its registered operation, name or head office;

dd/ Forcing marriage assistance recipients to give money or material benefits in addition to prescribed remuneration;

e/ Letting an individual or another organization use its operation registration certificate.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on a marriage assistance center committing any of the following acts:

a/ Providing marriage assistance upon expiration of its operation registration certificate or operating before being issued the operation registration certificate;

b/ Providing marriage assistance for sexual assault, labor exploitation or self-seeking purpose;

c/ Providing marriage assistance in any form without satisfying marriage assistance conditions as prescribed by law.

4. Additional sanctions:

a/ Deprivation of the right to use operation registration certificates for 1-3 months, for acts specified at Point d, Clause 1, and Points c, d and f, Clause 2, of this Article;

b/ Deprivation of the right to use operation registration certificates for an indefinite time, for acts specified at Point b, Clause 3 of this Article;

c/ Deprivation of modified, erased, falsified or forged papers, for acts specified at Point d, Clause 1, and Points a and b, Clause 2, of this Article;

d/ Confiscation of illegal benefits earned from acts specified at Points e and f, Clause 2, and Clause 3, of this Article.

Article 13. Acts of violation of regulations on death registration

1. A caution or a fine of between VND 50,000 and 100,000 shall imposed on a person responsible for registering a deceased person's death who fails to do so within a law-prescribed time limit.

2. A fine of between VND 100,000 and 300,000 shall be imposed for modifying or erasing without permission or otherwise falsifying papers for carrying out procedures for death registration.

3. A fine of between VND 200,000 and 500,000 shall be imposed for forging papers or using forged papers or committing another deceitful act for carrying out procedures for death registration.

4. A fine of between VND 500,000 and 1,000,000 shall be imposed for either of the following acts:

a/ Registering the death of a living person for self-seeking purpose;

b/ Intentionally providing an untruthful testimony to the death of another person.

5. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clauses 2 and 3 of this Article.

6. Remedies:

Revocation of issued death certificates and guidance on death declaration re-registration under law, by the issuing agency or a competent agency requested to do so, for acts specified in Clauses 2, 3 and 4 of this Article.

Article 14. Acts of violation of regulations on registration of guardianship; registration of recognition of parents or children; change in or correction of civic status registration; nationality re-identification; sex reassignment; supplementation or adjustment of civic status registration; issuance of marital status certificates

1. A fine of between VND 100,000 and 300,000 shall be imposed for either of the following acts:

a/ Intentionally providing an untruthful testimony;

b/ Modifying or erasing without permission or otherwise falsifying papers for carrying out prescribed procedures.

2. A fine of between VND 200,000 and 500,000 shall be imposed for forging pagers or using forged papers or committing another deceitful act in carrying out prescribed procedures for self-seeking purpose.

3. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified at Point b, Clause 1, and Clause 2, of this Article.

Article 15. Acts of violation of regulations on citizenship management

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for modifying or erasing without permission or otherwise falsifying papers or intentionally making untruthful declarations in a dossier of application for naturalization in Vietnam, restoration renunciation of Vietnamese citizenship, or a dossier of application for registration for Vietnamese citizenship retention.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for forging papers or using forged papers for carrying out citizenship procedures.

3. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clauses 1 and 2 of this Article.

4. Remedies:

a/ Revocation of papers certifying the registration for Vietnamese citizenship retention, restoration or renunciation of Vietnamese citizenship by competent agencies upon request, for acts specified in Clauses 1 and 2 of this Article.

b/ Cancellation of decisions permitting the naturalization in Vietnam by competent agencies upon request within 5 years after these decisions are issued, for acts specified in Clauses 1 and 2 of this Article.

Article 16. Acts of violation of regulations on issuance and use of judicial record cards, computerized data and databases on judicial records

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for modifying or erasing without permission or falsifying papers for carrying out procedures for applying for judicial record cards.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for forging papers or using forged papers for carrying out procedures for applying for judicial record cards.

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

a/ Illegally accessing or using, or eradicating judicial record data;

b/ Illegally printing, copying or changing judicial record data;

c/ Illegally using judicial record cards of others;

d/ Modifying or erasing without permission or otherwise falsifying judicial record cards; forging judicial record cards or using forged ones.

4. Acts of administrative violation in accessing information on judicial records in computerized databases shall be sanctioned under the decree on sanctioning of administrative violations in information technology.

5. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clauses 1 and 2, and Point d, Clause 3, of this Article.

6. Remedy:

Revocation of issued judicial record cards by competent agencies upon request, for violations specified in Clauses 1 and 2, and Point d, Clause 3, of this Article.

Section 4. ACTS OF ADMINISTRATIVE VIOLATION IN NOTARIZATION AND SANCTIONS

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

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for deceitful or dishonest acts in providing testimony.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for modifying or erasing without permission or otherwise falsifying papers for notarization of a contract or transaction.

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for forging paper or using forged papers or impersonating contracting or transacting parties to obtain notarization of a contract or transaction.

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

a/ A notary public compiling a contract or transaction document at the request of a notarization applicant whose intention to enter into a contract or transaction or content of that contract or transaction is unclear, unlawful or contrary to social ethics;

b/ Conducting notarization outside the office of a notary public organization, unless the notarization applicant is an aged and weak person who cannot walk, a person temporarily held in custody or a detention facility or currently serving an imprisonment sentence or a person who is, for a plausible reason, unable to show up at the office of the notary public organization;

c/ Failing to conduct notarization within a prescribed time limit;

d/ Correcting technical errors in notarized documents in contravention of regulations.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on a notary public notarizing a real estate contract or transaction falling beyond his/her competence specified in Article 37 of the Law on Notarization.

6. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clauses 2 and 3 of this Article.

7. Remedy:

Cancellation of performed contracts or transactions, for acts specified at Point a, Clause 4 of this Article.

Article 18. Acts of violation of regulations on procedures for notarizing real estate mortgage contracts, testaments, written agreements on inheritance division, written declarations of inheritance receipt or inheritance waivers, and archive of testaments

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for either of the following acts:

a/ Notarizing a real estate mortgage contract outside a province or centrally run city where any of mortgaged real estate is situated and the notary public organization is located;

b/ Failing to strictly comply with regulations on notarization of mortgaged real estate to secure the fulfillment of an obligation and in case a mortgage contract which has been notarized is notarized again for mortgage as security for another obligation.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ Notarizing a testament for an individual who is not the testament maker or in case the testament maker suffers from a mental disease or another disease which renders him/her incapable of perceiving and controlling his/her acts or when there is a ground to believe that the testament is made as a result of fraudulence or intimidation or under coercion;

b/ Notarizing a written agreement on division of an inheritance without verifying the reliability of the land use rights or property ownership right of the bequeather or without identifying whether or not the notarization requester is the heir or when there is a ground to believe that the bequeathal and receipt of the inheritance are unlawful;

c/ A notary public who undertakes to keep in custody a testament failing to seal up the testament before the testament maker or failing to record in writing the undertaking to keep in custody the testament or failing to hand over the testament to its maker;

d/ A notarization practice organization which undertakes to keep in custody a testament before its dissolution or termination of its operation failing to reach agreement with the testament maker on transfer of the testament to another notarization practice organization for keeping in custody or failing to return the testament to its maker and refund the testament keeping charge to the testament maker in case no agreement is reached.

3. Additional sanction:

Deprivation of notary public cards for between 6 and 12 months, for acts specified in Clause 1, and Points a, b and c, Clause 2, of this Article.

4. Remedies:

a/ Forcible notarization under law, for acts specified at Point b, Clause 1, and Point c and d, Clause 2 of this Article;

b/ Revocation of notarized documents, for acts specified at Points a and b, Clause 2 of this Article;

Article 19. Acts of violation of regulations on dossiers and procedures for requesting the appointment of notaries public

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for modifying or erasing without permission or otherwise falsifying originals of papers issued by competent agencies in a dossier of request for appointment of a notary public or issuance of a notary public card.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for forging a notary public card or using a forged notary public card; forging papers or using forged papers in a dossier of request for appointment of a notary public.

3. Additional sanction:

Deprivation of modified, erased, falsified or forged papers or notary public cards, for acts specified in Clauses 1 and 2 of this Article.

Article 20. Acts of breaching obligations of notaries public

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

a/ Disclosing information on notarized documents without written consent of document owners, unless otherwise provided for by law;

b/ Using notarized information and documents to infringe upon legitimate rights and interests of other persons;

c/ Harassing for bribe or causing troubles to a notarization requester;

d/ Refusing to notarize a contract or transaction without any plausible reason.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts:

a/ Receiving or asking for a sum of money or another benefit to be paid by the notarization requester other than notarization charge or remuneration and other expenses already determined or agreed;

b/ Notarizing a contract or transaction in case the purpose and content of this contract or transaction are unlawful or contrary to social ethics;

c/ A notary public performing notarization which is related to his/her assets or benefits or his/her spouse, parents, parents-in-law, adoptive parents, blood children, adopted children, children-in-law or grandchildren, his/her or his/her spouse's paternal or maternal grandparents or blood siblings;

d/ Using another person's notary public card or letting another person use one's notary public card to practice notarization;

dd/ Practicing notarization in any form without fully satisfying the law-prescribed conditions therefore.

3. Additional sanctions:

Deprivation of the right to use notary public cards for between 6 and 12 months, for acts specified at Points a, c and d, Clause 2 of this Article. Deprivation of the right to use notary public cards for an indefinite duration, for acts specified at Point b, Clause 2 of this Article.

4. Remedies:

a/ Forcible notarization of contracts or transactions, for acts specified at Point d, Clause 1 of this Article;

b/ Forcible refund of sums of money or other benefits, for acts specified at Point a, Clause 2 of this Article;

c/ Revocation of notarized documents, for acts specified at Point c, Clause 2 of this Article.

Article 21. Acts of violation of notarization- practicing organizations

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts:

a/ A notarization-practicing organization failing to publish on a newspaper or publishing on a newspaper insufficient registered operations or for an insufficient number of issues;

b/ A notarization-practicing organization violating regulations on reporting upon request of a competent state agency; failing to report in writing on its operation termination to the provincial-level Justice Department with which it has registered its operation under law; failing to compile, manage or use books, records and forms under regulations;

c/ A notarization-practicing organization failing to post up its working schedule, notarization procedures and charge or remuneration levels, internal rules on reception of notarization requesters at its office;

d/ Failing to observe the working days and hours of state administration agencies;

dd/ Violating regulations on archive of notarization dossiers.

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

a/ Modifying or erasing without permission or otherwise falsifying contents of papers in a dossier of request for operation registration or a dossier of request for registration of a change in registered operations, or a decision permitting the establishment of a notary public office, or an operation registration certificate;

b/ A notarization office failing to purchase professional liability insurance for its public under the law on insurance business.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ Forging papers or using forged papers dossier for operation registration or a dossier of request for registration of a change in registered operations, a decision permitting the establishment of a notary public office, or an operation registration certificate;

b/ Failing to register operation with a competent agency in charge of operations of notarization-practicing organizations;

c/ A notarization-practicing organization failing to register or notify a change in its registered operations, name or working office;

d/ A notarization-practicing organization operating in inconsistency with its registered operations, name or working office;

dd/ Practicing notarization in any form without fully satisfying the law-prescribed conditions therefor.

4. Additional sanction:

Deprivation of modified, erased, erased, falsified or forged papers, for acts specified at Point a, Clause 2, and Point a, Clause 3, of this Article.

5. Remedy:

Forcible compliance with law, for acts specified in Clause 1, and Points b, c and e, Clause 3, of this Article.

Section 5. ACTS OF ADMINISTRATIVE VIOLATION IN JUDICIAL EXPERTISE AND SANCTIONS

Article 22. Acts of violation of judicial expertise performers

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed on judicial expertise performers committing any of the following acts of violation:

a/ Failing to perform expertise within a required time limit without any plausible reason;

b/ Failing to show up at a procedure-conducting agency's office after summoned by this agency without any plausible reason;

c/ Failing to promptly and fully record in writing the whole process of expertise.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts:

a/ Performing judicial expertise without fully satisfying the law-prescribed conditions therefor;

b/ Failing to preserve exhibits and documents related to the case subject to expertise under law;

c/ Disclosing expertise results, information and documents;

d/ Failing to keep written records of the expert's process in expertise dossiers;

dd/ Modifying or erasing without permission or otherwise falsifying the content of a written request for appointment of an expert;

e/ Using another person's judicial expert card or letting another person use one's judicial expert card practice expertise.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on a judicial expertise performer committing any of the following acts:

a/ Abusing his/her expertise performance for self-seeking purpose;

b/ Revealing an investigation secret he/she knows through participating in criminal procedures in the capacity as judicial expertise performer; disclosing secret information he/she knows through performing expertise in other cases;

c/ Refusing to make expertise conclusions without any plausible reason;

d/ Intentionally making untruthful expertise conclusions;

dd/ Forging papers or using forged papers in a dossier of request for appointment of an expert;

e/ Modifying or erasing without permission or otherwise falsifying documents subject to expertise;

g/ Intentionally performing expertise in case expertise must be refused under regulations;

h/ Failing to record truthful results of the expertise process;

i/ Conducting expertise in any form without fully satisfying the law-prescribed conditions therefor.

4. Additional sanctions:

a/ Deprivation of modified, erased, falsified or forged papers, for acts specified at Point e, Clause 2, and Point e, Clause 3 of this Article;

b/ Confiscation of illicit profits, for acts specified at Point a, Clause 3, of this Article;

c/ Deprivation of the right to use expert cards for between 3 and 6 months, for acts specified at Points a, b, d and g, Clause 3 of this Article.

Section 6. ACTS OF ADMINISTRATIVE VIOLATION IN LAWYER PRACTICE AND LEGAL CONSULTANCY AND SANCTIONS

Article 23. Acts of violation of regulations on dossiers of application for lawyer practice certificates, law practitioner registration certificates or foreign lawyers' licenses for practice in Vietnam

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts:

a/ Modifying or erasing without permission or otherwise falsifying contents of papers in a dossier of application for a lawyer practice certificate, law practitioner registration certificate or foreign lawyer's license for practice in Vietnam;

b/ Modifying or erasing without permission or otherwise falsifying the content of a lawyer practice certificate, law practitioner registration certificate or foreign lawyer's license for practice in Vietnam.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for forging papers or using forged papers in dossiers of application for lawyer practice certificates, law practitioner registration certificates or foreign lawyers' licenses for practice in Vietnam.

3. Additional sanction:

Confiscation of forged papers and documents used for committing acts specified in Clauses 1 and 2 of this Article.

Article 24. Acts of violation of regulations on practicing activities of lawyers

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on a lawyer for any of the following acts:

a/ Failing to notify his/her professional rights, obligations and responsibilities to his/her clients in providing legal services to them;

b/ Failing to notify in writing a competent agency or bar association of being granted a law practitioner registration certificate or a change in contents his/her practice registration;

c/ A law practitioner failing to report on the organization and operation of his/her office under regulations; or failing to compile, manage or use books, records and forms under regulations.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on a lawyer for any of the following acts:

a/ A law practitioner practicing in domains other than those stated in his/her lawyer practice registration certificate;

b/ Concurrently founding or taking part in founding two or more lawyer practice organizations;

c/ Letting another person use his/her lawyer practice certificate, law practitioner registration certificate or foreign lawyer's license for practice in Vietnam for practicing as a lawyer;

d/ Using another person's lawyer practice certificate, law practitioner registration certificate or foreign lawyer's license for practice in Vietnam for practicing as a lawyer;

dd/ Transferring a case he/she has received to another lawyer without obtaining consent of his/her client(s), except in force majeure circumstances.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on a lawyer for any of the following acts:

a/ Providing a legal service without having entered into a written contract or under an improperly made contract;

b/ Harassing for bribes, deceiving or forcing his/her clients to pay a sum of money or material benefit in addition to remuneration and expenses already agreed in a legal service contract;

c/ Refusing to provide free legal aid under law when so requested;

d/ Modifying or erasing without permission or otherwise falsifying contents of his/her proceeding participation certificate, foreign lawyer's license for practice in Vietnam or law practitioner license;

dd/ Forging a proceeding participation certificate, foreign lawyer's license for practice in Vietnam or law practitioner license;

e/ A law practitioner failing to make practice registration at a competent agency or failing to purchase professional liability insurance under the law on insurance business;

g/ Practicing without a law practitioner registration certificate or foreign lawyer's license for practice in Vietnam;

h/ Practicing in domains other than those stated in his/her law practitioner registration certificate.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on a lawyer for any of the following acts:

a/ Providing legal services to clients with conflicting interests in the same case;

b/ Intentionally supplying counterfeit or untruthful documents and material evidence;

c/ Inciting clients to make untruthful testimonies or lodge unlawful complaints or denunciations or institute unlawful lawsuits;

d/ Disclosing information on a case or client he/she knows through his/her practice, unless it is consented to in writing by the client or otherwise provided for by law;

dd/ Contacting or forging ties with procedure-conducting persons or participants, other cadres and civil servants for handling a case in contravention of law;

e/ Taking advantage of the lawyer practice or capacity to cause bad impacts on national security, social order and safety, infringe upon the State's or public interests, legitimate rights and interests of agencies, organizations and other individuals;

g/ A foreign lawyer practicing law not in the prescribed form of practice by foreign lawyers;

h/ A foreign lawyer providing consultancy on Vietnamese law without possessing a law bachelor degree of Vietnam and fully satisfying requirements similar to those on Vietnamese lawyers;

i/ A foreign lawyer participating in proceedings in the capacity as defense counsel or protector of interests of involved parties, representative or protector of legitimate rights and interests of involved parties before a procedure-conducting agency of Vietnam;

k/ A foreign lawyer practicing in Vietnam when his/her license for practice in Vietnam has expired;

l/ Practicing in any form without fully satisfying the law-prescribed conditions for lawyer practice.

5. Additional sanctions:

a/ Deprivation of the right to use lawyer practice certificates, law practitioner licenses or foreign lawyer's license for practice in Vietnam for between 6 and 12 months, for acts specified at Points a, b and c, Clause 2; Point b and h, Clause 3; and Points a, b, c and e, Clause 4, of this Article. Deprivation of the right to use lawyer practice certificates, law practitioner licenses or foreign lawyer's license for practice in Vietnam for an indefinite duration, for acts specified at Point f and g, Clause 4 of this Article;

b/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point d and e, Clause 3 of this Article.

6. Remedies:

a/ Forcible compliance with law, for acts specified at Points c and f, Clause 3 of this Article;

b/ Forcible refund of illicitly earned profits, for acts specified at Point b, Clause 3 of this Article.

Article 25. Acts of violation of regulations on operation of lawyer practice organizations

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on a lawyer practice organization committing any of the following acts:

a/ Failing to notify in writing or within a prescribed time limit a competent agency or bar association of the establishment or termination of operation of an overseas lawyer practice office;

b/ Failing to register a change in its registered operations with a competent agency within a prescribed time limit;

c/ Failing to notify in writing or within a prescribed time limit a competent agency or bar association of being granted an operation registration certificate; suspension and resumption of its operation; termination of its operation; an operation registration certificate of its branch; a change in its or its branch's registered operations; address of its transaction office;

d/ Failing to report under regulations on its organization and operation; failing to compile, manage and use books, records and forms under regulations;

dd/ Failing to publicize or improperly publicizing its registered operations or a change in its operations in terms of contents, time limit, time and form under regulations;

e/ Modifying or erasing without permission or otherwise falsifying contents of its or its branch's operation registration certification certificate.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on a lawyer practice organization committing any of the following acts:

a/ Forging papers or using forged papers in a dossier of application for operation registration or dossier of application for registration of a change in its or its branch's operations; a dossier of application for a license for establishing a foreign law firm's Vietnam-based branch; forging a license or using a forged license for establishing a foreign law firm's Vietnam-based branch;

b/ Letting a person who is not a lawyer practice in its name; c/ Operating in domains other than those stated in its operation registration certificate or establishment license of a foreign law firm’s branch or at an office other than the registered one; having no signboard or using a signboard in contravention of law;

d/ Its transaction office providing legal services;

dd/ Failing to nominate its lawyers to participate in court proceedings as assigned by its bar association;

e/ Failing to allow or create conditions for its lawyers to provide free legal aid;

g/ Failing to purchase professional liability insurance for its lawyers under the law insurance business.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ Collecting lawyer charges in contravention of law or signed legal service contracts;

b/ Letting another individual or organization use its operation registration certificate or establishment license, or a foreign law firm’s or its branch's operation registration certificate to practice law;

c/ Letting another individual or organization provide legal services at its transaction office;

d/ A lawyer practice organization, a foreign law firm or its branch changing any of its operations without having its operation registration certificate renewed under regulations;

e/ A foreign law firm or its branch practicing in Vietnam nominating a foreign lawyer to participate in proceedings in the capacity as defense counsel or protector of interests of involved parties, representative or protector of legitimate rights and interests of involved parties before a Vietnamese procedure-conducting agency.

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for any of the following acts:

a/ Practicing law in any form without fully satisfying the law-prescribed conditions for lawyer practice;

b/ A lawyer practice organization or its branch; a foreign law firm or its Vietnam-based branch failing to register its operation with a competent agency;

c/ Operating without an operation registration certificate;

d/ Taking advantage of lawyer practice to cause bad impacts on national security, social order and safety, infringe upon the State's or public interests, legitimate rights and interests of agencies, organizations and individuals.

5. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point f, Clause 2 and Point a, Clause 2, of this Article;

b/ Deprivation of the right to use operation registration certificates for between 3 and 6 months, for acts specified at Points b and c, Clause 2; Points b and c, Clause 3; Point b, Clause 4, of this Article. Deprivation of the right to use operation registration certificates for an indefinite duration, for acts specified at Point d, Clause 4 of this Article.

6. Remedies:

a/ Forcible compliance with law, for acts specified at Points a, b, c, d and e, Clause 1; and Points e and f, Clause 2, of this Article;

b/ Forcible refund of improperly collected sums of money, for acts specified at Point a, Clause 3 of this Article.

Article 26. Acts of violation of regulations on state management of lawyers' socio- professional organizations

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on such an organization for any of the following acts:

a/ Failing to report to a competent agency on a scheme on organization of a meeting for each term of office, a plan on establishment of the management board or the commendation and disciplining council for a new term before holding such meeting;

b/ Failing to send to a competent agency a report on results of a meeting for each term of office and other required papers, or a report on results of a meeting to relieve from duty the incumbent director and elect a new director or elect a substitute director or additional members to the management board or the commendation and disciplining council, to a competent agency for approval according to its competence;

c/ Failing to annually report on its organization and operation to a competent agency or the lawyers’ socio-professional organization.

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

a/ Failing to assign a lawyer practice organization to nominate a lawyer or directly nominate a law practitioner to participate in legal procedures at request of the procedure- conducting agency;

b/ Failing to send a regulation, decision or resolution adopted by a lawyers' socio-professional organization to a competent agency or the lawyers' socio-professional organization;

c/ Failing to submit to a competent agency a dossier of request for approval of its charter under regulations;

d/ Modifying or erasing without permission or otherwise falsifying contents of papers in the dossier of request for approval of its charter or dossier of request for approval of meeting results.

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on a lawyers' socio-professional organization for either of the following acts:

a/ Forging papers or using forged papers in its dossier of request for approval of its charter or dossier of request for approval of meeting results;

b/ Taking advantage of its status to cause bad impacts on national security, social order and safety, or infringe upon the State's or public interests, rights and interests of agencies, organizations and individuals.

4. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified at Point d, Clause 2 and Point a, Clause 3, of this Article.

Article 27. Acts of violation of regulations on organization and operation of legal consultancy centers and their branches.

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on such a center for any of the following acts;

a/ Failing to post up legal consultancy charge rates at its office under regulations;

b/ Failing to make reports, compile, manage and use books, records and forms under regulations;

c/ Failing to report in writing to a competent agency on a change in its registered operations; establishment of its branch; relocation of its office or replacement of its director, its branch's head, legal consultants or lawyers; termination of its or its branch's operation.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed on such a center for any of the following acts:

a/ Assigning a person who is not a legal consultant or law practitioner working under a labor contract for it or a legal consultancy collaborator to provide legal consultancy;

b/ Nominating an ineligible person to participate in proceedings to defend, represent or protect legitimate rights and interests of individuals or organizations requesting legal consultancy in a case on which it undertakes to provide legal consultancy.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on such a center for any of the following acts:

a/ Providing consultancy without an operation registration certificate;

b/ Failing to carry out procedures for terminating labor contracts signed with its lawyer, collaborators or staff members; failing to complete a case it has undertaken to handle before the date of operation termination;

c/ Modifying for erasing without permission or otherwise falsifying contents of papers in its dossier of application for an operation registration certificate or contents of its operation registration certificate.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for either of the following acts:

a/ Forging papers or using forged papers in a dossier of application for an operation registration certificate or forging an operation registration certificate;

b/ Inciting an individual or organization requesting legal consultancy to supply untruthful information or documents, lodge an unlawful complaint or denunciation or institute an unlawful lawsuit.

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

a/ A legal consultancy center or its branch failing to register its operation with a competent agency under regulations;

b/ Taking advantage of legal consultancy activities to seek personal benefits; cause social disorder or unsafety or bad impacts on ethics and fine traditions and customs of the nation; or infringe upon interests of the State, legitimate rights and interests of individuals and organizations;

c/ Letting another individual or organization use its operation registration certificate;

d/ Operating in domains other than those stated in its operation registration certificate or not at the registered office; having no signboard or using a signboard in contravention of law;

dd/ Letting another individual or organization provide consultancy in its name;

e/ Providing legal consultancy in any form without fully satisfying the law-prescribed operation conditions.

6. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point c, Clause 3 and Point a, Clause 4 of this Article;

b/ Deprivation of the right to use the operation registration certificate for between 3 and 6 months, for acts specified at Point b, Clause 4 and Points c and e, Clause 5, of this Article. Deprivation of the right to use the operation registration certificate for an indefinite duration, for the act specified at Point b, Clause 5 of this Article.

7. Remedy:

Forcible compliance with regulations, for acts specified in Clauses 1 and 2; Point b, Clause 3; and Point a, Clause 5, of this Article;

Article 28. Acts of violation of regulations on legal consultancy by legal consultants

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

a/ Intentionally providing unlawful consultancy;

b/ Collecting extra charges or other material benefits in addition to charge amounts the legal consultancy center has collected;

c/ Taking advantage of the name of the legal consultancy center or the capacity of a legal consultant, lawyer or legal consultancy collaborator to provide legal consultancy for self-seeking purpose or performing illegal acts;

d/ Modifying or erasing without permission or otherwise falsifying contents of a legal consultant card or papers in a dossier of application for a legal consultancy card.

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

a/ Forging a legal consultant card or using a forged legal consultant card; forging papers or using forged papers in a dossier of application for a legal consultant card;

b/ Inciting another individual or organization requesting legal consultancy to supply untruthful information and documents or lodge an unlawful complaint or denunciation or institute an unlawful lawsuit;

c/ Taking advantage of legal consultancy to seek personal benefits, cause social disorder and unsafety or bad impacts on ethics and fine traditions and customs of the nation, or infringe upon interests of the State and lawful rights and interests of individuals or organizations;

d/ Providing legal consultancy to parties with conflicting interests in the same case;

dd/ Disclosing information on the case, individual or organization requesting legal consultancy, unless it is so agreed by that individual or organization or otherwise provided for by law;

e/ Providing legal consultancy in any form without fully satisfying the law-prescribed conditions.

3. Additional sanctions:

a/ Confiscation of illicit profits earned from acts specified at Points b and c, Clause 1 of this Article;

b/ Deprivation of the right to use legal consultant cards or lawyer practice certificates for between 3 and 6 months, for acts specified at Points a, b and c, Clause 1, and Point b, d and e, Clause 2, of this article. Deprivation of the to use legal consultant cards or lawyer practice certificates for an indefinite duration, for acts specified at Point c, Clause 2 of this Article;

c/ Confiscation of modified, erased, falsified or forged papers or legal consultant cards, for acts specified at Point d, Clause 1, and Points a Clause 2, of this Article.

4. Remedy:

Forcible refund of sums of money, or other material benefits, for acts specified at Points b and c, Clause 1 of this Article.

Section 7. ACTS OF ADMINISTRATIVE VIOLATION IN ASSET AUCTION AND SANCTIONS

Article 29. Acts of violation of regulations on order of and procedures for auctioning assets

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

a/ Failing to implement or improperly implementing regulations on posting up or public notification of asset auction or checking of to-be-auctioned assets;

b/ Committing a deceitful act for participating in or letting another person participate in an auction contravention of regulations on persons banned from participating in auctions;

c/ Obstructing or causing difficulties to persons registering for participation in an auction during the period of registration for purchase of auctioned assets;

d/ Making an untrue list of registered purchasers of auctioned assets;

dd/ Failing to make a written record of an auction to record auction results in the register of asset auction;

d/ Failing to preserve to-be-auctioned assets under law.

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

a/ Supplying inaccurate or untruthful necessary information or papers related to auctioned assets;

b/ Failing to implement or improperly implementing regulations on determination of reserve prices of auctioned assets;

c/ Failing to implement or improperly implementing regulations on assessment of to-be-auctioned assets in case these assets must be assessed under law;

d/ Collecting advances from auction participants in contravention of regulations;

dd/ Failing to display or restricting the checking of auctioned assets or examination of dossiers of auctioned assets before the date of opening of the auction.

3. Additional sanction:

Confiscation of Illicit profits earned from acts specified in Clauses 1 and 2 of this Article.

4. Remedies:

a/ Cancellation of asset auction results, for acts specified at Points b and d, Clause 1, and Points b and c, Clause 2, of this Article;

b/ Forcible refund of advances for excessively collected amounts, for acts specified at Point d, Clause 2 of this Article.

Article 30. Acts of violation committed by asset auction participants

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for fraudulently declaring the conditions on asset auction participation, except acts specified at Point b, Clause 1, Article 29 of this Decree.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of collusion between auction participants to keep bids low in the course of auction participation.

3. Remedy:

Cancellation of asset auction results, for acts specified at Clauses 1 and 2 of this Article.

Article 31. Acts of violation of regulations on use of auctioneer cards

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on an auctioneer for any of the following acts:

a/ Letting another person use his/her auctioneer card to conduct an auction or using his/her own to conduct an auction at an organization without the auctioning function;

b/ Using another person's auctioneer card to conduct an auction or conducting an auction without an auctioneer card, unless otherwise provided for by law;

c/ Forging an auctioneer card or using a forged auctioneer card; forging papers or using forged papers in a dossier of application for an auctioneer card;

d/ Modifying or erasing without permission or otherwise falsifying contents of an auctioneer card or papers in a dossier of application for an auctioneer card.

2. Additional sanctions:

a/ Deprivation of the right to use auctioneer cards for between 3 and 6 months, for acts specified at Point a, Clause 1 of this Article;

b/ Confiscation of illicit profits earned from acts specified at Point b, Clause 1 of this Article;

c/ Confiscation of modified, erased, falsified or forged papers or auctioneer cards, for acts specified at Points c and d, Clause l of this Article.

Article 32. Acts of violation of regulations of organizations with the auctioning function

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for either of the following acts:

a/ An asset-auctioning service center or enterprise improperly implementing the reporting regime, or compiling, managing or using books, records and forms;

b/ Failing to report to a competent agency in the locality where the enterprise is headquartered on its registration of provision of asset-auctioning services.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ An agency or organization without the asset-auctioning function under law conducting an auction;

b/ An asset-auctioning service center or enterprise having no auctioneer conducting an auction;

c/ Collecting charges not prescribed by law;

d/ Letting another individual or organization conduct asset-auctioning activities in one’s name.

3. Remedies:

a/ Forcible compliance with regulation, for acts specified at Points a and b, Clause 1 of this Article;

b/ Forcible refund of improperly collected sums of money, for acts specified at Points a, b and c, Clause 2 of this Article;

c/ Cancellation of auction results, for acts specified at Point b, Clause 2 of this Article.

Section 8. ACTS OF ADMINISTRATIVE VIOLATION IN COMMERCIAL ARBITRATION AND SANCTIONS

Article 33. Acts of violation of regulations on organization and arbitral operations of arbitration centers and arbiters

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts:

a/ Failing to observe the reporting regime, or failing to compile, manage and use books, records and forms under regulations;

b/ An arbitration center failing to notify in writing the change of its chairman, office location or list of arbiters, the establishment or termination of operation of its branch or representative office to a competent agency within a prescribed time limit.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for either of the following acts:

a/ Modifying or erasing without permission or otherwise falsifying contents of papers in a dossier of request for establishment registration or a dossier of application for an operation registration certificate, establishment license, or contents an operation registration certificate;

b/ An arbitration center or its branch or representative office failing to publish on a newspaper or publishing on a newspaper insufficient contents or for an insufficient number of issues upon its establishment; failing to post up or insufficiently posting up the list of arbiters of and principal information on the arbitration center under regulations.

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

a/ An arbitration center operating at variance with its establishment license; amending or supplementing its charter without the Ministry of Justice’s approval;

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

c/ Letting another individual or organization use one's operation registration certificate;

d/ Failing to observe regulations on public notification of completion termination and competent procedures for operation termination to competent agencies under regulations;

dd/ Forging papers or using forged papers in a dossier of application for an establishment license or a dossier of application for a certificate of registration of changed operations, or contents of an establishment license or operation registration certificate of the arbitration center;

d/ Failing to register within a prescribed time limit a change in an establishment license with the provincial-level Justice Department with which the arbitration center has registered its operation;

g/ Failing to elaborate proceeding rules of the arbitration center or in case these rules are against the law;

h/ Failing to strictly observe the regime of archive of arbitration dossiers;

i/ Failing to supply copies of arbitral awards at request of disputing parties or competent state agencies;

k/ Failing to delete names of arbiters on the list of arbiters of the arbitration center when these arbiters seriously violate the arbitration center's charter and the law.

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

a/ Disclosing confidential information on a dispute which has been settled by arbiters, thus causing damage to proceeding participants.

b/ Forcing clients to pay extra money or other material benefits in addition to prescribed charges;

c/ Conducting arbitration activities in any form without fully satisfying the law-prescribed conditions on arbitration operation.

5. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point a, Clause 2 and Point e, Clause 3 of this Article;

b/ Deprivation of the right to use establishment licenses or operation registration certificates of arbitration centers for between 3 and 6 months, for acts specified at Point a, Clause 3 of this Article. Deprivation of the right to use arbiter cards for between 3 and 6 months, for acts specified at Point c, Clause 3 of this article.

6. Remedies:

a/ Forcible compliance with law, for acts specified at Clause 1; Point b, Clause 2; and Points d, f, g, h, i and j, Clause 3, of this Article;

b/ Forcible recovery of illicit profits, for acts specified at Point b, Clause 4 of this Article.

Section 9. ACTS OF ADMINISTRATIVE VIOLATION IN LAW DISSEMINATION AND EDUCATION AND SANCTIONS

Article 34. Acts of violation of regulations on obligations of law rapporteurs and disseminators, or conciliators

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for taking advantage of the capacity of a law rapporteur or disseminator, or a conciliator to conduct activities beyond his/her assigned task for self-seeking purpose.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed on a law, rapporteur or disseminator who takes advantage of law dissemination or education to provoke acts against or prejudice security, politics, social order and safety, cultural and ethical traditions and fine customs of the nation, which does not constitute a crime.

3. Additional sanction:

Deprivation of the right to use law rapporteur or disseminator cards for between 3 and 6 months, for acts specified in Clause 1 of this Article. Deprivation of the right to use law rapporteur or disseminator cards for an indefinite duration, for acts specified in Clause 2 of this Article.

Section 10. ACTS OF ADMINISTRATIVE VIOLATION IN LEGAL AID AND SANCTIONS

Article 35. Acts of violation of legal aid beneficiaries

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for either of the following acts:

a/ Intentionally supplying untruthful information and documents on or untrue evidence of the case entitled to legal aid, thus causing serious consequences;

b/ Modifying or erasing without permission or otherwise falsifying contents of papers required for a person to act as a legal aid beneficiary.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for forging papers or using forged papers to satisfy the conditions on acting as a legal aid beneficiary.

3. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified at Point b, Clause 1, and Clause 2, of this Article.

Article 36. Acts of violation of legal aid providers

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

a/ Using a legal aid collaborator card or legal aid provider card, or taking advantage of the capacity of a legal aid collaborator lo conduct activities beyond one's assigned tasks for self-seeking purpose;

b/ Using another person's legal aid collaborator card or legal aid provider card or letting another person use one's legal aid collaborator card or legal aid provider card to provide card to provide legal aid for self-seeking purpose;

c/ Receiving money or asking for other benefits in any form from legal aid beneficiaries;

d/ Modifying or erasing without permission or otherwise falsifying contents of papers required for a person to act as a legal aid provider.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts:

a/ Disclosing information on the case entitled to legal aid or a legal aid beneficiaries in contravention of law, thus causing serious consequences;

b/ Intentionally supplying false evidence; inciting legal aid beneficiaries to provide untrue testimonies or lodge groundless or unlawful complaints or denunciations or institute groundless or unlawful lawsuits;

c/ Failing to refuse or continue providing legal aid in a case in which legal aid provision must be refused or discontinued under law;

d/ Taking advantage of legal aid to cause social disorder or unsafety, badly impact ethics and fine traditions and customs of the nation, or infringe upon the State's interests and legitimate rights and interests of organizations and individuals;

dd/ Providing legal aid to two or more beneficiaries with conflicting interests in the same case, except conciliation or answering of inquiries about law;

e/ Forging papers or using forged papers to satisfy the conditions for acting as a legal aid provider or collaborator;

g/ Harassing for bribes, delaying the case or causing troubles to a legal aid beneficiary, or prolonging the duration of legal aid provision;

h/ Promising or guaranteeing in advance results of handling of a case or taking act(s) affecting requirements and quality of a case entitled to legal aid;

i/ Providing legal aid in any form without satisfying the law-prescribed conditions on legal aid provision.

3. Additional sanctions:

a/ Deprivation of the right to use legal aid provider cards or legal aid collaborator cards for between 3 and 6 months, for acts specified at Points a and b, Clause 1, and Points a and b, Clause 2, of this Article. Deprivation of the right to use legal aid provider cards or legal aid collaborator cards for an indefinite duration, for acts specified at Point d, Clause 2 of this Article;

b/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point d, Clause 1, and Point f, Clause 2, of this Article.

4. Remedies:

a/ Forcible making of public apologies, for acts specified at Point a, Clause 2 of this Article;

b/ Forcible refund of received sums of money, for acts specified at Point c, Clause 1 of this Article;

c/ Forcible compliance with law, for acts specified at Point c, Clause 2 of this Article.

Article 37. Acts of violation of legal aid organizations and related agencies, organizations and individuals

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts:

a/ Failing to make reports, or compile, manage and use books, records and forms under regulations;

b/ Failing to notify operation termination under regulations;

c/ Modifying or erasing without permission or otherwise falsifying contents of papers in a dossier of request for registration of legal aid participation, or a dossier of request for a change in contents of the registration of legal aid participation or registered legal aid operations.

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

a/ Illegally establishing a legal aid organization;

b/ Failing to provide legal aid to eligible persons and cases within the scope, form and fields of law stated in a registration of legal aid participation when so requested;

c/ Providing legal aid at variance with registered operations or after having the registration of legal aid participation revoked;

d/ Providing legal aid without registering legal aid participation under regulations or without registering a change in the registration of legal aid participation;

dd/ Failing to transfer the dossier d a case entitled to legal aid to a state legal aid center in a locality where the legal aid participation has previously been registered in case the legal aid center currently handling the case terminates its operation;

e/ Forging papers or using forged papers in a dossier of request for registration of legal aid participation or a dossier of request for registration of a change to contents of registration of legal aid participation or registered legal aid operations;

g/ Taking advantage of activities of a legal aid club to provoke illegal acts, undermine community solidarity; cause social disorder or unsafety or bad impacts on ethics and fine traditions and customs of the nation; or infringe upon the State's interests and legitimate rights and interests of individuals and organizations;

h/ Intentionally supplying untruthful information and documents on or untrue evidence of the case entitled to legal aid;

i/ Taking advantage of legal aid activities to cause social disorder and unsafety, badly impact ethics and fine traditions and customs of the nation, or infringe upon of the State’s Interests, legitimate rights and interests of organizations and individuals.

3. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point c, Clause 1, and Point f, Clause 2, of this Article;

b/ Deprivation of the right to use registrations of legal aid participation for between 3 and 6 months, for acts specified at Point c, Clause 2 of this Article. Deprivation of the right to use registrations of legal aid participation for an indefinite duration, for acts specified at Point g and i, Clause 2 of this Article.

4. Remedy:

Forcible compliance with law, for acts specified at Points a and b, Clause 1, and Points b and e, Clause 2, of this Article.

Section 11. ACTS OF ADMINISTRATIVE VIOLATION IN SECURITY TRANSACTION REGISTRATION AND SANCTIONS

Article 38. Violations of regulations on security transaction registration

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for modifying or erasing without permission or otherwise falsifying contents of a certificate or document supplying information issued by a registry office or an application already certified by a registry office.~

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for forging the signature of a person having the right to request registration in an application for registration or a written notice; forging papers or using forged papers in a dossier for security transaction registration.

3. A e of between VND 3,000,000 and 5,000,000 shall be imposed for forging or using a forged certificate or document supplying information issued by a registry office, or an application certified by a registry office.

4. Additional sanction:

Confiscation of modified, erased, falsified or forged papers, for acts specified in Clause 2 of this Article.

5. Remedy:

Cancellation of security transaction registrations by competent agencies upon request, for acts specified at Points 1, 2 and 3 of this Article.

Article 39. Violations of regulations on access information in computerize d databases on security transactions

Acts of administrative violation in accessing information on security transaction registration in computerized databases shall be sanctioned under the decree on sanctioning of administrative violations in information technology.

Section 12. ACTS OF ADMINISTRATIVE VIOLATION IN PUTTING UP FOR ADOPTION AND ADOPTION OF CHILDREN AND NURTURING OF ADOPTED CHILDREN, AND SANCTIONS

Article 40. Acts of violation of regulations on child adoption by individuals

1. A Caution or a fine of between VND 50,000 and 100,000 shall be imposed for putting up for adoption or adopting a child without carrying out law-prescribed procedures.

2. A fine of between VND 200,000 and 500,000 shall be imposed for either of the following acts:

a/ Putting up for adoption or adopting a child in case a competent agency has disapproved in writing this act;

b/ Modifying or erasing without permission or otherwise falsifying contents of papers for carrying out procedures for registration for putting up for adoption or adoption of a child;

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for either of the following acts:

a/ Making untruthful declarations in registering the putting up for adoption or adoption of a child;

b/ Forging papers or using forged papers in carrying out procedures for putting up for adoption or adopting a child.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ Enticing, buying off, forcing or intimidating persons competent to approve the putting up of children for adoption to obtain their approval;

b/ Taking advantage of the putting up or recommendation of children for adoption, or adoption of children for self-seeking purpose,

c/ Providing illegal service of brokerage in putting up for adoption or adoption of children.

5. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point b, Clause 2, and Point b, Clause 3, of this Article;

b/ Confiscation of illicit profits earned from acts specified in Clause 4 of this Article.

6. Remedies:

a/ Cancellation or request for cancellation by a competent agency of decisions on child adoption, for acts specified at Point a, Clause 3, and Points a and b, Clause 4, of this Article;

b/ Forcible compliance with law, for acts specified in Clause 1, and Point a, Clause 2, of this Article.

Article 41. Acts of violation of regulations on child adoption committed by Vietnam-based foreign child adoption agencies.

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on a foreign child adoption agency committing any of the following acts:

a/ Failing to observe the reporting regime; failing to make, manage and use books, records and forms under regulations;

b/ Modifying or erasing without permission to falsify contents of a dossier of application for an establishment license;

c/ Falling to notify in writing a competent state agency of its operation termination within a prescribed time limit.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on a foreign child adoption agency committing any of the following acts:

a/ Relocating its Vietnam-based office or replacing head without permission of a competent agency;

b/ Failing to fully comply with regulations on procedures for putting up of children for adoption or child adoption.

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on a foreign child adoption agency committing any of the following acts:

a/ Forging papers or using forged papers in a dossier of application for an establishment license;

b/ Forging an establishment license or using a forged establishment license;

c/ Operating beyond the scope, operations and geographical areas indicated in its license;

d/ Directly recommending a child for adoption in contravention of law;

dd/ Letting another individual or organization use its establishment license.

4. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for either of the following acts:

a/ Operating when its license has expired or it has no license;

b/ Operating in any form without fully satisfying the law-prescribed conditions on child adoption operations in Vietnam.

5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for taking advantage of child adoption to exploit child labor or for self-seeking purpose.

6. Additional sanctions:

a/ Confiscation of modified, erased, falsified or forged papers, for acts specified at Point b, Clause 1, and Points a and b, Clause 3, of this Article;

b/ Deprivation of the right to use establishment licenses for between 3 and 6 months, for acts specified at Point a, Clause 2, and Points c, d, and e, Clause 3, of this Article. Deprivation of the right to use establishment licenses for an indefinite duration, for acts specified in Clause 5 of this Article;

c/ Confiscation of illicit profits earned from acts specified in Clause 5 of this Article.

7. Remedy:

Forcible compliance with law, for acts specified Points a and c, Clause 1, and Point b, Clause 2, of this Article.

Section 13. ACTS OF ADMINISTRATIVE VIOLATION IN INTERNATIONAL COOPERATION IN LEGAL AFFAIRS AND SANCTIONS

Article 42. Acts of violation of regulations on international cooperation in legal affairs committed by central agencies of social organizations, socio-professional organizations below collectively referred to as managing agencies) and units attached to managing agencies

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for failing to report under law on international cooperation in legal affairs and a tentative cooperation program or project for the subsequent period

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for either of the following acts:

a/ Failing to monitor or evaluate a program or project in the course of implementation under law;

b/ Failing to observe regulations on evaluation and approval of cooperation programs and projects falling within the Prime Minister's approving competence, or an amended, supplemented or adjusted program or project, thus leading to a change in objectives of that program or project.

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

a/ Organizing without permission or permitting the implementation of a program, plan or project without having a signed written agreement or with a signed written agreement which has not yet taken effect;

b/ A unit attached to a managing agency conducting international cooperation in legal affairs not through its managing agency;

c/ Terminating, suspending or canceling a program, plan or project on international cooperation in legal affairs without permission of a competent state management agency under law.

4. Remedies:

a/ Cancellation of programs, plans or projects, for acts specified at Point b, Clause 2, Points a and b, Clause 3, of this Article;

b/ Forcible strict compliance with law, for acts specified in Clause 1; Point a, Clause 2; and Point c, Clause 3, of this Article.

Section 14. OTHER ACTS OF ADMINISTRATIVE VIOLATION AND SANCTIONS

Article 43. Acts of violation of regulations on accounting, statistics, charges and fees

Acts of administrative violation in accounting, statistics, and collection of charges and fees in the judicial domain shall be sanctioned under the decrees on sanctioning of administrative violations in accounting, statistics, and charges and fees.

Article 44. Acts of bribing, disturbing or obstructing persons on duty in the judicial domain

1. A fine of between VND 500,000 and 2,000,000 shall be imposed for giving money, assets or other material benefits to have prescribed procedures in the judicial domain completed or to shirk sanctioning of administrative violations which are not serious enough for examination for penal liability.

2. Individuals' acts of obstructing or failing to abide by requests of persons on duty; verbally abusing or offending or opposing persons on duty; inciting other persons not to abide by requests of persons on duty; or causing public disorder or other acts disturbing or obstructing activities in the judicial domain, shall be sanctioned under the Decree on sanctioning of administrative violations in the domain of security and social order and safety.

3. Additional sanction:

Confiscation of sums of money, assets or materials used as bribes, for acts specified in Clause 1 of this Article.

Chapter III

SANCTIONING COMPETENCE

Article 45. Competence of chairpersons of People's Committees at all levels to sanction administrative violations

1. Chairpersons of People's Committees of communes, wards or townships are competent to:

a/ Impose cautions;

b/ Impose fines of up to VND 2,000,000;

c/ Confiscate material evidence and means used for committing administrative violations and valued at up to VND 2,000,000;

d/ Apply remedies specified in Chapter II of this Decree.

2. Chairpersons of People's Committees of rural districts, urban districts, towns or provincial cities are competent to:

a/ Impose cautions;

b/ Impose fines of up to VND 30,000,000;

c/ Confiscate material evidence and means used for committing administrative violations;

d/ Deprive of the right to use practice licenses or certificates according to their competence;

dd/ Apply remedies specified in Chapter II of this Decree.

3. Chairpersons of People's Committees of provinces or centrally run cities are competent to:

a/ Impose cautions;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Confiscate material evidence and means used for committing administrative violations;

d/ Deprive of the right to use practice licenses or certificates according to their competence;

dd/ Apply remedies specified in Chapter II of this Decree.

Article 46. Competence of specialized judicial inspectorates to sanction administrative violations

1. Specialized judicial inspectors on duty may:

a/ Impose cautions;

b/ Impose fines of up to VND 500,000;

c/ Confiscate material evidence and means used for committing administrative violations and valued at up to VND 2,000,000;

d/ Apply remedies specified in Chapter II of this Decree.

2. Chief inspectors of provincial-level Justice Departments may:

a/ Impose cautions;

b/ Impose fines of up to VND 30,000,000;

c/ Confiscate material evidence and means used for committing administrative violations;

d/ Deprive of the right to use practice licenses or certifies according to their competence;

dd/ Apply remedies specified in Chapter II of this Decree.

3. The Chief Inspector of the Ministry of Justice may:

a/ Impose cautions;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Confiscate material evidence and means used for committing administrative violations;

d/ Deprive of the right to use practice licenses certificates according to his/her competence;

dd/ Apply remedies specified in Chapter II of this Decree.

Article 47. Competence of civil judgment enforcement agencies to sanction administrative violations

1. Civil judgment enforcers on duty may:

a/ Impose cautions;

b/ Impose fines of up to VND 200,000.

2. Heads of district-level civil judgment enforcement agencies may:

a/ Impose cautions;

b/ Impose fines of up to VND 500,000.

3. Heads of provincial-level civil judgment enforcement agencies or judgment enforcement agencies of military zones may:

a/ Impose cautions;

b/ Impose fines of up to VND 1,000,000.

Article 48. Competence of heads of foreign-based Vietnamese diplomatic representation or consular offices or other agencies authorized to perform the consular function to sanction administrative violations

Heads of foreign-based Vietnamese diplomatic representation or consular offices or other agencies authorized to perform the consular function may:

1. Impose cautions;

2. Impose fines of up to VND 10,000,000.

Article 49. Decentralization of competence to People's Committees at all levels, specialized judicial inspectorates and' civil judgment enforcement agencies to sanction administrative violations

1. Chairpersons of People's Committees at all levels shall sanction administrative violations in domains under their management according to their competence specified in Article 45 of this Decree.

2. Specialized judicial inspectorates shall sanction administrative violations specified in Chapter II of this Decree and other acts of administrative violation relevant to the judicial domain specified in the Government’s decrees on sanctioning of administrative violations in state management domains according to their competence specified in Article 46 of this Decree.

Chief inspectors and specialized inspectors of provincial-level Justice Departments may not sanction acts of administrative violation specified in Section 11 of Chapter II of this Decree. These administrative violations shall be sanctioned by the Chief Inspector and specialized inspectors of the Ministry of Justice.

3. Civil judgment enforcement agencies shall sanction according to their competence specified in Article 47 of this Decree administrative violations in civil judgment enforcement.

4. In case an administrative violation specified in this Decree falls within the sanctioning competence of many persons in different branches, the chairman of the People’s committee with sanctioning competence in the locality where the violation is committed may sanction it.

Article 50. Competence of other agencies to sanction administrative violations

In addition to persons with the sanctioning competence defined in Articles 45, 46 and 47 of this Decree, persons of other agencies who are competent to sanction administrative violations under the Ordinance on Handling of Administrative Violations within the ambit of their functions and assigned tasks and detect acts of administrative violation specified in this Decree and committed in domains or geographical areas under their management may also sanction these acts under Article 42 of the Ordinance on Handling of Administrative Violations.

Chapter IV

PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 51. Termination of acts of administrative violation

Upon detecting acts of administrative violation or receiving reports on or written records of acts of administrative violation in the judicial domain, persons with sanctioning competence shall inspect, verify and order immediate termination of these acts.

Article 52. Making of written records of administrative violations

1. Competent persons who are performing their tasks or on duty shall promptly make written records of administrative violations, except cases of imposing cautions or fines of up to VND 200,000.

Persons competent to make written records of administrative violations in the judicial domain are those competent to sanction these violations, persons competent to enforce judgments, notaries public, cadres and civil servants performing assigned tasks or on duty in the judicial domain.

2. Written records of administrative violations shall be made under Article 55 of the Ordinance on Handling of Administrative Violations and Article 22 of Decree No. 128/2008/ND-CP.

Article 53. Sanctioning decisions

1. Sanctioning decisions according to simple procedures complies with Article 54 of the Ordinance on Handling of Administrative Violations

2. The issuance of decisions on sanctioning of administrative violations, except the case specified in Clause 1 of this Article, complies with Article 56 of the Ordinance on Handling of Administrative Violations and Article 23 of Decree No. 128/2008/ND-CP.

Article 54. Procedures for imposing fines

Procedures for imposing, collecting and paying fines comply with Articles 57 and 58 of the Ordinance on Handling of Administrative Violations.

Article 55. Procedures for depriving of the right to use practice licenses or certificates, confiscating and handling material evidence and means used for committing administrative violations

Procedures for depriving of the right to use practice licenses or certificates, confiscating and handling material evidence and means used for committing administrative violations comply with Article 59, 60 and 61 of the Ordinance on Handling of administrative Violations.

Article 56. Abidance by sanctioning decisions postponement of abidance by decisions imposing fines

1. Individuals and organizations sanctioned for their administrative violations shall abide by sanctioning decisions under Article 64 of the Ordinance on Handling of Administrative Violations and Article 24 of Decree No. 128/2008/ND-CP.

2. Individuals liable to pay fines of VND 500,000 or more may delay abiding by sanctioning decisions under Article 65 of the Ordinance on Handling of Administrative Violations.

Article 57. Enforcement of sanctioning decisions and transfer of these decisions for execution

1. The enforcement of sanctioning decisions complies with Articles 66 and 67 of the Ordinance on Handling of Administrative Violations and the Government's Decree No. 37/2005/ND-CP dated March 18, 2005, prescribing procedures for applying coercive measures to enforce sanctioning decisions.

2. The transfer of sanctioning decisions for execution complies with Article 68 of the Ordinance on Handling of Administrative Violations and Article 30 of Decree No. 128/2008/ND-CP.

Article 58. Statute of limitations for enforcement of sanctioning decisions

The statute of limitations for enforcement of a decision sanctioning an administrative violation in the judicial domain is one year after this decision is issued. Past this statute of limitations, if that decision has not yet been enforced, it will not been forced but remedy(ies) specified in that decision shall still be applied.

In case sanctioned individuals and organizations intentionally shirk or delay the execution of sanctioning decisions, the statute of limitations shall be recounted from the date of termination of the shirking or delaying act.

Article 59. Promulgation of forms of written records and decisions used in sanctioning administrative violations

Promulgated together with this Decree are forms of written records and decisions for use in sanctioning administrative violations in the judicial domain (not translated herein).

Chapter V

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 60. Complaints and denunciations

1. Individuals and organizations sanctioned for their administrative violations in the judicial domain or their lawful representatives may lodge complaints about sanctioning decisions of competent persons.

Citizens may denounce illegal acts in sanctioning administrative violations in the judicial domain to competent state agencies.

2. Procedures for lodging and settling complaints and denunciations comply with Article 118 of the Ordinance on Handling of Administrative Violations.

3. The institution of lawsuits against decisions on sanctioning administrative violations or decisions applying preventive measures and measures to secure the sanctioning of administrative violations in the judicial domain complies with regulations on procedures for handling of administrative cases.

Article 61. Handling of persons competent to sanction administrative violations in the judicial domain

Persons competent to sanction administrative violations in the judicial domain who harass, tolerate or cover up violators, fail to sanction or sanction violations improperly or beyond their competence shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage to the State, citizens or organizations, they shall pay compensations under law.

Article 62. Handling of violations of persons sanctioned for their administrative violations

If persons sanctioned for their administrative violations in the judicial domain commit acts of opposing persons on duty, delaying the execution or shirking the enforcement or other acts of violation shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability. If causing damage, they shall pay compensations under law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 63. Effect

1. This Decree takes effect on September 18, 2009, and replaces the Government's Decree No. 76/2006/ND-CP dated August 2, 2006, on sanctioning of administrative violations in the judicial domain.

2. To annul Articles 9 and 14 in Chapter II of the Government's Decree No. 87/2001/ND-CP dated November 21, 2001, on sanctioning of administrative violations in the marriage and family domain, from the effective date of this Decree.

Article 64. Implementation responsibility

1. The Minister of Justice shall organize the implementation of this Decree and the making of statistics on Sanctioning of administrative violations in the judicial domain to serve the prevention and combat of administrative violations.

2. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

Thuộc tính Văn bản pháp luật 60/2009/ND-CP

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Số hiệu60/2009/ND-CP
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Lược đồ Decree no. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain


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      Decree no. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain
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