Nghị định 117/2024/NĐ-CP sửa đổi Nghị định 82/2020/NĐ-CP xử phạt hành chính hôn nhân gia đình

DECREE

PROVIDING AMENDMENTS TO GOVERNMENT’S DECREE NO. 82/2020/ND-CP DATED JULY 15, 2020 PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF JUDICIAL SUPPORT, JUDICIAL ADMINISTRATIVE ACTIONS, MARRIAGE AND FAMILY, CIVIL JUDGMENT ENFORCEMENT, BANKRUPTCY OF ENTERPRISES AND COOPERATIVES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on penalties for administrative violations dated June 20, 2012, and the Law on amendments to the Law on penalties for administrative violations dated November 13, 2020;

Pursuant to the Law on Inspection dated November 14, 2022;

Pursuant to the Ordinance prescribing administrative penalties for obstruction of legal proceedings dated August 18, 2022;

At the request of the Minister of Justice of Vietnam;

The Government promulgates a Decree providing amendments to Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 prescribing penalties for administrative violations in the fields of judicial support, judicial administrative actions, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives.

Article 1. Amendments to Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 prescribing penalties for administrative violations in the fields of judicial support, judicial administrative actions, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives

1. Article 2 is amended as follows:

a) Point a Clause 2 is amended as follows:

“a) Law firms; socio-professional organizations of lawyers; foreign law firms in Vietnam; branches and representative offices of law firms; legal counseling centers and their branches; public notary offices; socio-professional organizations of notaries; judicial expertise offices; property auction organizations; branches and representative offices of property auction organizations; wholly state-owned organizations established by the Government to settle bad debts of credit institutions; owners of property sold at auction; arbitration centers; branches and representative offices of arbitration centers; branches and representative offices of foreign arbitration organizations in Vietnam; commercial mediation centers; branches and representative offices of commercial mediation centers; foreign commercial mediation centers in Vietnam; bailiff offices; asset management and liquidation enterprises;”.

b) Clause 3 is added following Clause 2 as follows:

“3. Household businesses or family households committing violations against regulations herein shall incur the same penalties as violating individuals.”.

2. Clause 3 Article 3 is amended as follows:

a) Point a Clause 3 is amended as follows:

“a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents;".

b) Points q and r are added following Point p Clause 3 as follows:

“q) Enforced return of erased or altered license, practicing certificates or operation registration certificates to issuing authorities or persons;

r) Enforced return of original copies of erased or altered documents to issuing authorities or persons.".

3. Article 4a is added following Article 4 as follows:

“Article 4a. Completed and ongoing administrative violations, and penalties for repeated administrative violations

1. Determination of whether an administrative violation has been completed or is ongoing for the purpose of calculation of the prescriptive period of that violation shall comply with the provisions of the Decree elaborating and introducing measures for implementation of the Law on Penalties for Administrative Violations.

2. Penalties for repeated administrative violations:

a) A person who repeatedly commits an administrative violation shall incur penalties for each commission or repetition of that violation, except the repeated violation prescribed in point b of this clause;

b) In case a person repeatedly commits any of these administrative violations, including: the violations in point a clause 1, point g clause 3 Article 6; point h clause 3, point a clause 5 Article 7; clause 1 and the violation “failure to present documentary evidence of the relationship between the deceased person and the heir-at-law” in point d clause 3 Article 13; clause 2 Article 14; clause 1, points a, b, c and l clause 2, point b clause 3 Article 15; point l clause 1 Article 16; clause 1, point c clause 2 Article 22; point b clause 1, point b clause 2, point i clause 3 Article 32; points b, c, dd, e, g and h clause 2, points a and g clause 3, points b, dd and e clause 4 Article 34; points d and dd clause 3 Article 47; sections 3, 4 and 5 Chapter III; Articles 62 and 63 Chapter IV; Chapter V; points d and h clause 1 Article 79 Chapter VI of this Decree, such repetition of the violation shall be considered as an aggravating factor.”.

4. Article 4b is added following Article 4a as follows:

“Article 4b. Implementation of penalties and remedial measures

1. The penalties and remedial measures imposed under this Decree shall be implemented in accordance with provisions of the Law on Penalties for Administrative Violations and legislative documents providing guidelines on this Law.

2. The remedial measure that is enforced return of erased or altered license, practicing certificates or operation registration certificates to issuing authorities or persons shall be implemented as follows:

a) If, at the time of issuance of the penalty imposition decision under which the remedial measure that is enforced return of erased or altered license, practicing certificate or operation registration certificate is also imposed, the license, practicing certificate or operation registration certificate to be returned is temporarily kept by the competent person as prescribed in points a and b clause 1 Article 125 of the Law on Penalties for Administrative Violations, within 02 working days from the date of issuance of the penalty imposition decision, the decision-making person shall send a written request for revocation, which is accompanied with the issued penalty imposition decision and the erased or altered license, practicing certificate or operation registration certificate, to the competent authority or person issuing that license, practicing certificate or operation registration certificate;

b) In cases other than the one prescribed in point a of this clause, the violating individual or organization shall be obliged to return the erased or altered license, practicing certificate or operation registration certificate to the issuing authority or person within the time limit stated in the penalty imposition decision, and incur all costs associated with the implementation of this remedial measure.

3. The remedial measure that is enforced return of erased or altered license, practicing certificates or operation registration certificates to issuing authorities or persons or enforced return of original copies of erased or altered documents to issuing authorities or persons and the additional penalty that is confiscation of exhibits which are erased or altered documents shall not apply in case the abovementioned documents are issued and retained electronically. In this case, the competent person that issues the penalty imposition decision shall give a written notification thereof to the competent authority or person that issued the document involved in the violation for taking further actions as prescribed.".

5. Clause 4 Article 5 is amended as follows:

"4. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in one of the violations in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of any of the violations in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article;

c) Enforced return of benefits illegally obtained from the commission of one of the violations in Clause 1 and Clause 2 of this Article.”.

6. Article 6 is amended as follows:

a) Clause 5a is added following Clause 5 as follows:

"5a. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for defaming the honor, dignity and/or reputation of the person competent to initiate legal proceedings.”.

b) Point c Clause 6 is amended as follows:

“c) Performing unlawful actions at his/her own discretion or at his/her clients’ request in order to delay, extend, or cause difficulties or obstruction to operations of presiding agencies and other regulatory authorities;”.

c) Point g is added following Point e Clause 7 as follows:

“g) Providing other legal services against provisions of Article 30 of the Law on Lawyers.”.

d) Point b Clause 8 is amended as follows:

“b) The law practicing certificate or license to practice law in Vietnam of foreign lawyer shall be suspended for a fixed period of 06 - 09 months in case of commission of one of the violations in Point b Clause 5, Clause 5a, Points c, d and e Clause 6, and Clause 7 of this Article;”.

dd) Point c Clause 8 is amended as follows:

“c) The exhibits used for committing the violation in Point a Clause 4 of this Article, including erased or falsified certificate of participation in legal proceedings or notice of defense lawyer shall be confiscated;”.

e) Point d is added following Point c Clause 8 as follows:

“d) The exhibits and instrumentalities used for committing the violation in Clause 5a of this Article shall be confiscated.”.

g) Point a Clause 9 is amended as follows:

“a) Enforced return of original copy of erased or falsified certificate of participation in legal proceedings or notice of defense lawyer to issuing authority or person in case of commission of the violation in point a Clause 4 of this Article, unless such original copy has been confiscated as prescribed in point c clause 8 of this Article;”.

h) Point c is added following Point b Clause 9 as follows:

“c) Enforced return of original copy of erased or falsified law practicing certificate, certificate of registration of law practice as a lawyer, or license to practice law in Vietnam of foreign lawyer to issuing authority or person in case of commission of the violation in point a clause 4 of this Article.”.

7. Article 7 is amended as follows:

a) Point l is added following Point k Clause 1 as follows:

“l) Failing to notify changes in operation registration contents upon completion of procedures for registration of operation of a branch of the law-practicing organization.”.

b) Point m Clause 2 is amended as follows:

“m) Failing to purchase professional liability insurance for lawyers of the law-practicing organization in accordance with regulations of law;”.

c) Point a Clause 8 is amended as follows:

“a) Enforced return of erased or falsified establishment license or certificate of operation registration to issuing authority or person in case of commission of the violation in Point a or b Clause 3 of this Article;”.

8. Clause 3 Article 8 is amended as follows:

a) Point b Clause 3 is amended as follows:

“b) Failing to comply with regulations of law and charter of the socio-professional organization of lawyers when following procedures for admission to practice law as trainee lawyers or admission to bar associations;”.

h) Point h is added following Point g Clause 3 as follows:

“h) Failing to prepare, manage and use records and document forms as prescribed.”.

9. Point a Clause 6 Article 9 is amended as follows:

“a) Enforced return of erased or falsified certificate of operation registration to issuing authority or person in case of commission of the violation in Point g Clause 2 of this Article;”.

10. Article 10 is amended as follows:

a) Point c Clause 4 is amended as follows:

“c) The exhibits which are erased or falsified documents used for committing the violation in Clause 1 of this Article shall be confiscated.”.

b) Clause 5 is amended as follows:

"5. Remedial measures:

a) Proposed consideration and handling by competent authority or person of their issued legal advisor’s cards involving in the violation in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in point c clause 4 of this Article;

c) Enforced return of erased or falsified legal advisor’s card to issuing authority or person in case of commission of the violation in Point a Clause 2 of this Article.”.

11. Clause 4 Article 11 is amended as follows:

"4. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in one of the violations in Clauses 1 and 2 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in point b clause 3 of this Article;

c) Enforced return of benefits illegally obtained from the commission of one of the violations in Clause 1 and Clause 2 of this Article.”.

12. Article 12 is amended as follows:

a) Point a Clause 3 is amended as follows:

“a) Posing as, or hiring or asking others to pose as requesters for notarization; posing as, or hiring or asking others to pose as a person having rights, benefits and obligations related to a contract or transaction which will be notarized; forging signature of the requester for notarization; forging signature of a notary;”.

b) Point c Clause 5 is amended as follows:

“c) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article.”.

13. Clause 5 Article 13 is amended as follows:

"5. Remedial measures:

a) Enforced notification by the notarial practice organization that is keeping notary records of any of the violations in Point a Clause 2, Points a, b, c, d, dd, e and g Clause 3 of this Article to relevant agencies, organizations and individuals;

b) Enforced return of benefits illegally obtained from the violation in Clause 3 of this Article.”.

14. Article 15 is amended as follows:

a) Point o is added following Point n Clause 2 as follows:

“o) Failure of the notary who is assigned to instruct probationers to give adequate comments about the performance of such probationers during their notarial practice probation as prescribed.”.

b) Point d Clause 3 is amended as follows:

“d) Receiving or claiming any amounts of money or other benefits from notarization requesters in addition to prescribed notarization charges, predetermined notarization-related on-demand service charges and other agreed-upon costs;”.

c) Point a Clause 8 is amended as follows:

“a) The notary card shall be suspended for a fixed period of 01 – 03 months in case of commission of any of the violations in Point c, dd, i, m and q Clause 3, Point d Clause 4 and point b Clause 6 of this Article;”.

d) Point c Clause 8 is amended as follows:

“c) Erased or falsified documents involving in the violation in point m Clause 2 of this Article; the exhibit which is erased or falsified decision on appointment or re-appointment of notary used for committing the violation in Point h Clause 4 of this Article shall be confiscated.”.

dd) Point a Clause 9 is amended as follows:

“a) Enforced return of the original copy of the erased or falsified decision on appointment or re-appointment of notary, in case of commission of the violation in Point h Clause 4 of this Article, or the original copies of erased or falsified documents, in case of commission of the violation in point m Clause 2 of this Article, to the issuing authorities or persons, unless such original copies have been confiscated as prescribed in point c Clause 8 of this Article;”.

e) Point d is added following Point c Clause 9 as follows:

“d) Enforced return of erased or falsified notary card to issuing authority or person in case of commission of the violation in Point h Clause 4 of this Article.”.

15. Article 16 is amended as follows:

a) Point a Clause 1 is amended as follows:

“a) Failing to post up or insufficiently posting up working hours; notarization procedures; rules on receipt of notarization requesters; notarization charges, maximum notarization-related on-demand service charges, and other costs; list of translation collaborators of the notarial practice organization at its head office;”.

b) Point dd Clause 2 is amended as follows:

“dd) Charging notarization-related on-demand services at a rate higher than the maximum rate promulgated by the relevant provincial People’s Committee or the rate posted up at its head office; receiving other costs at rates higher than the agreed-upon ones;”.

c) Points d, dd, e and g are added following Point c Clause 3 as follows:

“d) Violating regulations on notification and submission of copies of professional liability insurance policies or agreements on modification or renewal thereof to the relevant provincial Department of Justice when purchasing professional liability insurance for its notaries or modifying or renewing existing insurance policies;

dd) Failing to receive adequate notarization records of dissolved or shut down public or private notary offices as designated by the relevant provincial Department of Justice;

e) Admitting new general partners of a private notary office against regulations of law;

g) Dismissing general partners of a private notary office against regulations of law.”.

d) Point c is added following Point b Clause 6 as follows:

“c) Failing to enter information on notarized records into the notary journal.”.

dd) Points b and c Clause 7 are amended as follows:

“b) Operations of the violating entity shall be suspended for a fixed period of 03- 06 months in case of commission of the violation in Point c Clause 4 or Point c Clause 6 of this Article;

c) The exhibit which is the erased or falsified decision to grant permission for establishment of the private notary office of the violation in Point a Clause 3 of this Article shall be confiscated.”.

e) Clause 8 is amended as follows:

"8. Remedial measures:

a) Enforced return of benefits illegally obtained from the commission of one of the violations in Points dd and e Clause 2, and Points a, c and dd Clause 4, and Clause 6 of this Article;

b) Enforced return of original copy of erased or falsified decision to grant permission for establishment of the private notary office to issuing authority or person in case of commission of the violation in point a Clause 3 of this Article, unless such original copy has been confiscated as prescribed in point c clause 7 of this Article;

c) Enforced return of erased or falsified certificate of operation registration of the private notary office to issuing authority or person in case of commission of the violation in Point a Clause 3 of this Article;

d) The notarial practice organization that is keeping notary records is compelled to notify agencies, organizations and individuals with related rights and obligations of one of the violations in Clause 6 of this Article.”.

16. Clause 1 Article 17 is amended as follows:

“1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Failure of a socio-professional organization of notaries to submit periodic reports or other reports at the request of competent authorities;

b) Failure of a notary association to participate in transfer of notary records between a dissolved or shut down public or private notary office and another notarial practice organization as prescribed.”.

17. Section 3a is added following Section 3 Chapter II as follows:

“Section 3a

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND COMBAT AGAINST MONEY LAUNDERING, TERRORISM FINANCING, AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION IN THE FIELD OF JUDICIAL SUPPORT PENALTIES, FINES AND REMEDIAL MEASURES

Article 17a. Administrative violations against regulations on prevention and combat against money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction in the field of judicial support

Lawyers, law-practicing organizations, notaries and notarial practice organizations that commit violations against regulations on prevention and combat against money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction in the field of judicial support shall incur penalties in accordance with the Government’s decree prescribing penalties for administrative violations in money and banking sector.”.

18. Clauses 3 and 4 Article 18 are amended as follows:

"3. Additional penalty:

The exhibit which is the erased or falsified decision on appointment of judicial expert or decision to grant permission for establishment of judicial expertise office used for committing the violation in Clause 1 of this Article shall be confiscated.

4. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in Clause 1 of this Article;

b) Enforced return of original copy of erased or falsified decision on appointment of judicial expert or decision to grant permission for establishment of judicial expertise office to issuing authority or person in case of commission of the violation in Clause 1 of this Article, unless such original copy has been confiscated as prescribed in clause 3 of this Article;

c) Enforced return of erased or falsified certificate of operation registration of the judicial expertise office to issuing authority or person in case of commission of the violation in Clause 2 of this Article;

d) Enforced return of benefits illegally obtained from the commission of the violation in Clause 1 or Clause 2 of this Article.”.

19. Point m is added following Point l Clause 2 Article 20 as follows:

“m) Refusing requests for judicial expertise without giving any plausible reasons.”.

20. Clause 3 Article 21 is amended as follows:

"3. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in point a or b Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 2 of this Article;

c) Enforced return of benefits illegally obtained from the commission of the violation in Clause 1 of this Article.”.

21. Article 22 is amended as follows:

a) Points b and c Clause 3 are amended as follows:

“b) Failing to stop the auction at the request of the property owner when a bidder is found to commit any of the following acts: colluding or cooperating with others to suppress the price or falsify property auction results; obstructing the auction; disturbing public order at the auction; threatening or forcing the auctioneer or bidder(s) to falsify property auction results;

c) Failing to deprive a bidder of his/her rights to participate in the auction when he/she is found to commit any of the following acts: providing false information or documents; using forged documents when applying for participation in the auction or participating in the auction; entering into collusion or cooperating with others to suppress price or falsify property auction results; obstructing the auction; disturbing the public order at the auction; threatening or forcing the auctioneer or bidder(s) to falsify property auction results;”.

b) Point g Clause 3 is amended as follows:

“g) Failing to manage the auction according to the auction form and method specified in the promulgated rules of auction; failing to manage the auction according to the prescribed auction procedures while organizing an auction;”.

c) Point c Clause 9 is amended as follows:

“c) Enforced return of erased or falsified auction practicing certificate or auctioneer card to issuing authority or person in case of commission of the violation in Point a Clause 2 of this Article;”.

22. Article 23 is amended as follows:

a) Points i and k are added following Point h Clause 1 as follows:

“i) Failing to publish property auction results or failing to publish such results within the prescribed time limit or using the prescribed form;

k) Selecting a property auction organization whose application for participation in organization of auction is refused as prescribed by law.”.

b) Points c, d and dd are added following Point b Clause 3 as follows:

“c) Failing to consider and verify information reflecting that the property auction organization intentionally provides incorrect information or falsifies information on criteria in its application for participation in organization of auction;

d) Failing to submit reports to the competent authority on selection of property auction organization and results thereof, and verification results in case the property auction organization intentionally provides inaccurate information or falsifies information on criteria in its application for participation in organization of auction;

dd) Failing to carry out evaluation and scoring according to criteria for selection of property auction organization to select a qualified property auction organization.”.

c) Point b Clause 5 is amended as follows:

“b) Proposed invalidation by competent authority, organization or person of non-public property auction results in case of commission of any of the violations in point a and g clause 1, clause 2, point b clause 3, resulting in falsified auction results, or the violation in clause 4 of this Article;".

23. Article 24 is amended as follows:

a) Point g Clause 1 is amended as follows:

“g) Failing to post up or publish property auction service charges;”.

b) Points m and n are added following Point l Clause 1 as follows:

“m) Assigning 01 auctioneer to instruct 03 auction interns or more at the same time;

n) Failing to retain images of posting of information in the auction dossier of the property auction organization as prescribed.”.

c) Point r Clause 2 is amended as follows:

“r) Collecting selling prices of auction documents or auction service charges at the rates other than the prescribed ones;”.

d) Point k Clause 3 is amended as follows:

“k) Receiving money, property or benefits other than the prescribed auction service charges and auction costs or other agreed-upon service fees;

dd) Point c Clause 7 is amended as follows:

“c) Enforced return of erased or falsified certificate of operation registration of the enterprise or its branch to issuing authority or person in case of commission of the violation in Point o Clause 2 of this Article;”.

24. Article 25 is amended as follows:

a) Clause 1 is amended as follows:

“1. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed for commission of one of the following violations:

a) Erasing or falsifying documents issued by competent authorities, organizations or persons and included in an application for establishment or operation registration of an arbitration center or its branch; application for approval of renaming or changes in scope of operation of the arbitration center or changes in operation registration contents of its branch; application for establishment, operation registration or approval of renaming or changes in scope of operation of the branch of a foreign arbitration organization; application for establishment of the representative office of a foreign arbitration organization; application for replacement of the chief representative or relocation of the representative office of a foreign arbitration organization;

b) Failing to provide accurate information in an application for establishment or operation registration of an arbitration center or its branch; application for approval of renaming or changes in scope of operation of the arbitration center or changes in operation registration contents of its branch; application for establishment, operation registration or approval of renaming or changes in scope of operation of the branch of a foreign arbitration organization; application for establishment of the representative office of a foreign arbitration organization; application for replacement of the chief representative or relocation of the representative office of a foreign arbitration organization; application for re-issuance of license for establishment of an arbitration center, a branch or representative office of a foreign arbitration organization in Vietnam; application for re-issuance of certificate of operation registration of an arbitration center, a branch or representative office of a foreign arbitration organization in Vietnam.”.

b) Clause 3 is amended as follows:

"3. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of any of the violations in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 2 of this Article;

c) Enforced return of benefits illegally obtained from the commission of any of the violations in Clause 1 of this Article.”.

25. Point a Clause 5 Article 26 is amended as follows:

“a) Enforced return of erased or falsified establishment license or certificate of operation registration to issuing authority or person in case of commission of the violation in Point h Clause 3 of this Article;”.

26. Article 28 is amended as follows:

a) Clause 1 is amended as follows:

“1. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed for commission of one of the following violations:

a) Erasing or falsifying documents issued by competent authorities, organizations or persons and included in an application for establishment, operation registration or approval of renaming or relocation of headquarters of a commercial mediation center; application for operation registration for a branch of the commercial mediation center; application for establishment, operation registration or approval of renaming, replacement of the head or relocation of the branch of a foreign commercial mediation organization; application for establishment or approval of renaming, replacement of chief representative or relocation of the representative office of a foreign commercial mediation organization;

b) Failing to provide accurate information in an application for establishment, operation registration or approval of renaming or relocation of headquarters of a commercial mediation center; application for operation registration for a branch of the commercial mediation center; application for establishment, operation registration or approval of renaming, replacement of the head or relocation of the branch of a foreign commercial mediation organization; application for establishment or approval of renaming, replacement of chief representative or relocation of the representative office of a foreign commercial mediation organization; application for re-issuance of license for establishment of commercial mediation center; application for re-issuance of license for establishment of branch/representative office of a foreign commercial mediation organization in Vietnam; application for re-issuance of certificate of operation registration of commercial mediation center/its branch; application for re-issuance of certificate of operation registration of the branch of a foreign commercial mediation organization in Vietnam;

b) Clause 3 is amended as follows:

"3. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of any of the violations in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 2 of this Article;

c) Enforced return of benefits illegally obtained from the commission of any of the violations in Clause 1 of this Article.”.

27. Point a Clause 5 Article 29 is amended as follows:

“a) Enforced return of the original copy of the erased or falsified establishment license or certificate of operation registration to issuing authority or person in case of commission of the violation in Point dd Clause 3 of this Article;”.

28. Clause 5 Article 31 is amended as follows:

"5. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in one of the violations in Clauses 1 and 2 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of any of the violations in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

c) Enforced return of benefits illegally obtained from the commission of one of the violations in Clauses 1, 2 and 3 of this Article.”.

29. Article 32 is amended as follows:

a) Point b Clause 3 is amended as follows:

“b) Practicing at a bailiff office other than one he/she has registered or practicing at 02 bailiff offices or more at the same time;”.

b) Point a Clause 9 is amended as follows:

“a) Enforced return of erased or falsified bailiff’s card to issuing authority or person in case of commission of the violation in Point a Clause 2 of this Article;”.

30. Article 33 is amended as follows:

g) Point a and Point b Clause 1 are amended as follows:

“a) Failing to post up or insufficiently posting up working hours or working rules at the bailiff office;

b) Failing to post up or insufficiently posting up procedures or service charges at the bailiff office;”.

b) Point d Clause 1 is amended as follows:

“d) Insufficiently implementing regulations on information disclosure and reporting;”.

c) Point e is added following Point dd Clause 2 as follows:

“e) Assigning unqualified bailiff to instruct probationers.”.

d) Clause 7 is amended as follows:

"7. Additional penalties:

a) All operations of the violating entity shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point e Clause 3 of this Article;

b) All operations of the violating entity shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Point c Clause 4 or Point a or d Clause 5 of this Article;

c) All operations of the violating entity shall be suspended for a fixed period of 06- 09 months in case of commission of the violation in Point dd Clause 5 of this Article;

d) The exhibit which is the erased or falsified decision to grant permission for establishment of the bailiff office of the violation in Point a Clause 4 of this Article shall be confiscated.”.

dd) Clause 8 is amended as follows:

"8. Remedial measures:

a) Enforced return of original copy of erased or falsified decision to grant permission for establishment of the bailiff office to issuing authority or person in case of commission of the violation in point a Clause 4 of this Article, unless such original copy has been confiscated as prescribed in point d clause 7 of this Article;

b) Enforced return of erased or falsified certificate of operation registration of the bailiff office to issuing authority or person in case of commission of the violation in Point a Clause 4 of this Article;

c) Enforced return of benefits illegally obtained from the commission of one of the violations in Point dd Clause 3, Points a, d and dd Clause 5, and Clause 6 of this Article.”.

31. Article 34 is amended as follows:

a) Points i and k are added following Point h Clause 2 as follows:

“i) Failing to authenticate all signatures appearing on the subject document of the request for signature authentication;

k) Failure of a translation collaborator to carry out re-registration of specimen signature, as prescribed, upon change of his/her signature.".

b) Clause 7 is amended as follows:

"7. Remedial measures:

a) Enforced notification by the notarial practice organization, that has made certification, of certified documents involving any of the violations in Points e and g Clause 2, Points a, b, c and g Clause 3, Clause 4 and Clause 5 of this Article on the web portal of the People’s Committee of province or city where it is headquartered;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in point c clause 6 of this Article;

c) Enforced return of benefits illegally obtained from the commission of the violation in Point d Clause 3 of this Article.”.

32. Point b Clause 5 Article 35 is amended as follows:

“b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article.”.

33. Point b Clause 5 Article 36 is amended as follows:

“b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;”.

34. Clause 4 Article 37 is amended as follows:

"4. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued birth certificates involving in one of the violations in Clauses 1 and 2 of this Article.”.

35. Clause 4 Article 38 is amended as follows:

"4. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued marriage certificates involving in one of the violations in Clauses 1 and 2 of this Article.”.

36. Clause 7 Article 39 is amended as follows:

"7. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in point a Clause 2 of this Article, unless such original copies have been confiscated as prescribed in point c clause 6 of this Article;

b) Enforced return of erased or falsified certificate of operation registration to issuing authority or person in case of commission of the violation in Point b Clause 2 of this Article;

c) Enforced return of benefits illegally obtained from the commission of any of the violations in Points a, b and c Clause 4, Clause 5 of this Article.”.

37. Clause 4 Article 40 is amended as follows:

"4. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 and Points a, b and c Clause 2 of this Article.”.

38. Clause 5 Article 41 is amended as follows:

"5. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clauses 1, 2 and Points a and c Clause 3 of this Article;

c) Enforced return of benefits illegally obtained from the commission of the violation in Point b or c Clause 3 of this Article.”.

39. Clause 5 Article 42 is amended as follows:

"5. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clauses 1 and 2 of this Article.”.

40. Clause 4 Article 43 is amended as follows:

"4. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 and Points a, b Clause 2 of this Article.”.

41. Clause 5 Article 44 is amended as follows:

"5. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in one of the violations in Clauses 1, 2 and 3 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

c) Enforced return of benefits illegally obtained from the commission of the violation in Clause 3 of this Article.”.

42. Clause 6 Article 45 is amended as follows:

"6. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in point b clause 5 of this Article;

b) Enforced payment of all costs associated with restoration to the original condition which has been changed as a result of the violation in point b clause 2 or point b clause 4 of this Article;

c) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in point a Clause 4 of this Article;

d) Enforced return of benefits illegally obtained from the commission of the violation in Point c Clause 4 of this Article.”.

43. Clause 5 Article 46 is amended as follows:

"5. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of any of the violations in Clause 1 and point b Clause 2 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 and Points a, c Clause 2 of this Article.”.

44. Article 47 is amended as follows:

a) Clause 2 is amended as follows:

“2. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for erasing or falsifying a criminal record in any form.”.

b) Clause 5 is amended as follows:

"5. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 2 of this Article, unless such original copies have been confiscated as prescribed in point b clause 4 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 and Point b Clause 3 of this Article.”.

45. Article 48 is amended as follows:

a) Heading of Article 48 is amended as follows:

“Article 48. Violations against regulations on legal dissemination and education, and grassroots-level conciliation”

b) Points c and d are added following Point b Clause 1 as follows:

“c) Obstructing grassroots-level conciliation conducted by conciliation teams or conciliators;

d) Obstructing parties to a dispute or conflict in the course of dispute or conflict resolution by grassroots-level conciliation.".

46. Article 50 is amended as follows:

“Article 50. Violations against regulations on management of international cooperation in legal matters and judicial reform

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for submitting inaccurate reports on international cooperation in legal matters and judicial reform.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to submit reports on international cooperation in legal matters and judicial reform as prescribed;

b) Failing to submit reports on outcomes of cooperation programs/projects on legal matters and judicial reform; outcomes of international legal cooperation conferences/seminars as prescribed.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to comply with procedures for appraisal or getting opinions of the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security and Ministry of National Defense about international agreements, and international cooperation programs, projects and non-project documents on legal matters and judicial reform as prescribed;

b) Organizing international conferences/seminars without obtaining permission from competent authorities as prescribed.

4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for the commission of one of the following violations:

a) Submitting or providing inaccurate reports or information affecting the appraisal or giving of opinions about international legal programs, projects, non-project documents, conferences and seminars;

b) Organizing an international conference or seminar on legal matters and judicial reform without complying with working contents/program and using foreign speakers/presenters as defined in the approved scheme on organization of such conference or seminar;

c) Implementing a program, project or non-project aid on legal matters and judicial reform against objectives, activities and outcomes defined in the decision on approval of such program, project or non-project aid.

5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for the commission of one of the following violations:

a) Implementing a legal program, project or non-project aid before the approval decision granted by a competent authority, organization or person takes legal effect;

b) Failing to comply with procedures and regulations on authority when giving approval for a legal program, project or non-project aid.”.

47. Clause 5 Article 51 is amended as follows:

"5. Remedial measure:

Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 2 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article.”.

48. Clause 6 Article 52 is amended as follows:

"6. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in Clause 2 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 2 of this Article, unless such original copies have been confiscated as prescribed in point b clause 5 of this Article;

c) Enforced destruction of falsified documents included in case files in case of commission of the violation in Point e Clause 3 of this Article;

d) Enforced return of benefits illegally obtained from the commission of any of the violations in Points a, b, c and d Clause 3, point d Clause 4 of this Article.”.

49. Point a Clause 5 Article 53 is amended as follows:

“a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in point a Clause 2 of this Article, unless such original copies have been confiscated as prescribed in point b clause 4 of this Article;”.

50. Clause 4 Article 54 is amended as follows:

"4. Remedial measure:

Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 3 of this Article.”.

51. Article 55 is amended as follows:

a) Heading of Article 55 is amended as follows:

“Article 55. Violations against regulations on use of information in security interest database and online security interest registration”.

b) Point d Clause 1 is amended as follows:

“dd) Cheating, posing as, appropriating or illegally using database user codes or user accounts for online registration of security interests of other individuals or organizations for performing acts of violation against regulations on registration of security interests.”.

52. Point a Clause 6 Article 56 is amended as follows:

“a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 5 of this Article;”.

53. Clause 6 Article 57 is amended as follows:

"6. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 5 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in Clause 1 of this Article;

c) Enforced return of benefits illegally obtained from the commission of the violation in Point b Clause 4 of this Article.”.

54. Clause 5 Article 62 is amended as follows:

"5. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in point d Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 4 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in points a and d Clause 1, and Point b Clause 2 of this Article;

c) Enforced return of benefits illegally obtained from the commission of any of the violations in Point b Clause 2, and Points b and c Clause 3 of this Article;

d) Enforced payment of costs of medical examination and treatment and other expenses (if any) in case of commission of the violation in Point c Clause 3 of this Article.”.

55. Clause 8 Article 63 is amended as follows:

"8. Remedial measures:

a) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in Clause 1 of this Article, unless such original copies have been confiscated as prescribed in point b clause 7 of this Article;

b) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in the violation in Clause 1 of this Article;

c) Enforced return of benefits illegally obtained from the commission of one of the violations in Clauses 4, 5 and 6 of this Article.”.

56. Article 78 is amended as follows:

“Article 78. Violations against regulations on applications for receiver’s practicing certificate; registration of asset management and liquidation practicing for individuals; registration of asset management and liquidation enterprises

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations:

a) Erasing or falsifying documents issued by competent authorities, organizations or persons and included in an application for issuance of receiver’s practicing certificate; application for registration of asset management and liquidation practicing as an individual; or application for registration of asset management and liquidation practicing by an asset management and liquidation enterprise;

b) Providing inaccurate information in an application for issuance or re-issuance of receiver’s practicing certificate; registration of asset management and liquidation practicing as an individual; or registration of asset management and liquidation practicing by an asset management and liquidation enterprise.

2. Additional penalties:

The exhibits which are erased or falsified documents of the violation in Point a Clause 1 of this Article shall be confiscated.

3. Remedial measures:

a) Proposed consideration and handling by competent authorities, organizations or persons of their issued documents involving in any of the violations in Clause 1 of this Article;

b) Enforced return of original copies of erased or altered documents to issuing authorities or persons in case of commission of the violation in point a Clause 1 of this Article, unless such original copies have been confiscated as prescribed in clause 2 of this Article.”.

57. Point a Clause 6 Article 79 is amended as follows:

“a) Enforced return of original copies of erased or falsified documents to issuing authorities or persons in case of commission of the violation in Point a Clause 1 of this Article;”.

58. Article 82 is amended as follows:

“Article 82. Power to make records of administrative violations

While performing their duties, the following persons shall have the power to make records of administrative violations:

1. The persons who have the power to impose administrative penalties prescribed in Articles 83, 84, 85, 86, 87 and 87a of this Decree.

2. Commune-level judicial – civil status officers shall make records of administrative violations in Clause 1, Point a Clause 2 Article 34, Articles 35, 37, 38, Article 40 through 45 and Article 48, Point a Clause 1 Article 49, Section 6 Chapter III, Article 58 through 62 of this Decree.

3. Officials of district-level judicial offices shall make records of administrative violations in Clause 1, Point a Clause 2 Article 34, Articles 35, 36, 37, 38, Article 40 through 45 and Articles 48 and 49, Section 6 Chapter III, Article 58 through 62 of this Decree.

4. Officials and public employees of provincial Departments of Justice shall make records of administrative violations in Chapter II, Section 1 and Section 2, Article 48 and Article 49, Sections 4, 5 and 6 Chapter III, Chapter IV, Articles 78, 79 and 80 of this Decree.

5. Officials of civil judgment enforcement agencies shall make records of administrative violations prescribed in Chapter V of this Decree.

6. Officials of the Inspectorate of the Ministry of Justice of Vietnam and officials of units affiliated to the Ministry of Justice of Vietnam and in charge of performing state management of judicial support, judicial administrative actions, marriage and family, and civil judgment enforcement shall make records of administrative violations prescribed in Chapter II, III, IV and V, Articles 78, 79 and 80 of this Decree.

7. Officials of Courts at all levels shall make records of administrative violations prescribed in Article 66 through 77 of this Decree.

8. Diplomatic service officers and consular officers working at diplomatic missions, consular missions and other agencies authorized to perform consular duties of the Socialist Republic of Vietnam in foreign countries shall make records of administrative violations prescribed in Clause 1 and Point a Clause 2 Article 34, Article 35 through 38, Article 40 through 46 of this Decree.

9. Officials and public employees of ministries, ministerial agencies and provincial agencies in charge of professional management of judicial expertise or judicial expertise organization shall make records of administrative violations prescribed in Section 4 Chapter II of this Decree.

10. Public employees of public notary offices shall make records of administrative violations prescribed in Article 12, Clause 1 and point a Clause 2 Article 34 of this Decree.

11. Public employees of property and transaction registration center, officials and public employees of competent agencies in charge of registration of security interests by land use rights, property on land, aircrafts and ships shall make records of administrative violations prescribed in Section 5 Chapter III of this Decree.

12. Public employees of legal aid center shall make records of administrative violations prescribed in Article 51 of this Decree.

13. Public employees of property auction service center shall make records of administrative violations prescribed in Article 23 of this Decree.

14. Enforcement officers assigned to enforce decisions to declare bankruptcy shall make records of administrative violations prescribed in Point dd and Point e Clause 1, Point d and Point dd Clause 3 Article 79 of this Decree.

15. Persons assigned to settle compensation claims shall make records of administrative violations prescribed in Article 56 of this Decree; persons assigned by agencies directly taking charge of managing law enforcement officers who cause damage or agencies in charge of paying compensation to join the councils in charge of considering refund liability shall make records of administrative violations prescribed in Clauses 1, 2 and 3, and Point a Clause 4 Article 57 of this Decree.

16. Officials in charge of criminal records of provincial Departments of Justice, public employees of National Center of Criminal Records shall make records of administrative violations prescribed in Article 47 of this Decree.

17. Soldiers of people’s police forces, station heads or team leaders in charge of managing these soldiers, commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates and export processing zones shall make records of administrative violations prescribed in point a clause 4, clause 5a, points c, d and e clause 6, points a, b, d and g clause 7 Article 6; point b clause 3 Article 7; point g clause 2 Article 9; clauses 2 and 3 Article 10; clause 1, points a and d clause 3 Article 12; point h clause 4 Article 15; Article 17a; clauses 2 and 3 Article 19; point a clause 2, points b and c clause 3, points a and b clause 7 Article 22; points a, b and h clause 1, points a and b clause 3 Article 23; point a clause 2, points c and h clause 4 Article 32; clause 1 and point a clause 2 Article 34; clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; point b clause 5 Article 39; clause 1 and point b clause 2 Article 45; point b clause 2 Article 46; clause 2 Article 47; clause 2 Article 51; points a and g clause 2 Article 53; Article 54; point b clause 1 Article 56; clause 1 Article 57; Articles 58, 59, 60, 61 and point a clause 1 Article 79 of this Decree.”.

59. Point d Clause 2 Article 83 is amended as follows:

“d) Impose the remedial measures specified in Points a, e and i Clause 1 Article 28 of the Law on Penalties for Administrative Violations and in Points a, b, dd, l, m, n and r Clause 3 Article 3 of this Decree;”.

60. Article 84 is amended as follows:

a) Point dd Clause 6 is amended as follows:

“dd) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, b, c, d, e, g, h, i, k, n, q and r Clause 3 Article 3 of this Decree;”.

b) Point dd Clause 7 is amended as follows:

“dd) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, b, c, dd, l, m, n, q and r Clause 3 Article 3 of this Decree;”.

c) Point d Clause 9 is amended as follows:

“d) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, c, n and r Clause 3 Article 3 of this Decree;”.

d) Point d Clause 11 is amended as follows:

“d) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, c, n and r Clause 3 Article 3 of this Decree;”.

dd) Clause 12 is added following Clause 11 as follows:

“12. Director General of the Bureau of Judicial Affairs Support, and Chief Inspector of the Ministry of Justice of Vietnam shall have the power to impose penalties for administrative violations against regulations on prevention and combat against money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction in the field of judicial support as prescribed in Article 17a of this Decree within their competence prescribed in the Law on penalties for administrative violations.”.

61. Article 85 is amended as follows:

a) Point d Clause 3 is amended as follows:

“d) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, c, n and r Clause 3 Article 3 of this Decree;”.

b) Point d Clause 4 is amended as follows:

“d) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, c, n and r Clause 3 Article 3 of this Decree;”.

62. Clause 3 Article 86 is amended as follows:

“3. Impose the remedial measures specified in Points a and i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, b, c, dd, l and r Clause 3 Article 3 of this Decree.”.

63. Article 87a is added following Article 87 as follows:

“Article 87a. Power to impose administrative penalties of People’s Public Security Forces

1. Heads of district-level police agencies, heads of professional divisions of the following authorities, including the Internal Political Security Department, the Police Department for Administration of Social Order, the Department of Cybersecurity, Hi-Tech Crime Prevention and Control, and heads of provincial-level police departments, including: Internal Political Security Divisions; Economic Security Divisions; Investigation Police Departments for Social Order Crimes; Investigation Police Divisions for Corruption, Economic, Smuggling and Environmental Crimes; Police Divisions for Administrative Management of Social Order; and Cyber​security, Hi-Tech Crime Prevention and Control Divisions, shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 6.000.000 for administrative violations in the field of judicial administrative actions; up to VND 8.000.000 for administrative violations in the field of enterprise and cooperative bankruptcy; or up to VND 10.000.000 for administrative violations in the field of judicial support;

c) Suspend license/practicing certificate for a fixed period;

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point b of this Clause;

dd) Impose the remedial measures specified in Points a, d, dd, l, q and r Clause 3 Article 3 of this Decree.

2. Directors of Provincial-level Police Departments shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 15.000.000 for administrative violations in the field of judicial administrative actions; up to VND 20.000.000 for administrative violations in the field of enterprise and cooperative bankruptcy; or up to VND 25.000.000 for administrative violations in the field of judicial support;

c) Suspend license/practicing certificate for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, d, dd, e, g, h, l, m, q and r Clause 3 Article 3 of this Decree.

3. Directors of Internal Political Security Department, Economic Security Department, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economic and Smuggling Crimes, Police Department for Administrative Management of Social Order, and Cybersecurity, Hi-tech Crimes Prevention and Control Department shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 30.000.000 for administrative violations in the field of judicial administrative actions; up to VND 40.000.000 for administrative violations in the field of enterprise and cooperative bankruptcy; or up to VND 50.000.000 for administrative violations in the field of judicial support;

c) Suspend license/practicing certificate for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures mentioned in Points a, c, d, dd, i and k Clause 1 Article 28 of the Law on penalties for administrative violations and Points a, b, d, e, g, h, l, m, q and r Clause 3 Article 3 of this Decree.”.

64. Article 88 is amended as follows:

“Article 88. Determination of power to impose penalties

1. Power to impose administrative penalties of Chairpersons of People’s Committees at all levels:

a) Chairpersons of communal-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clause 1 Article 48, Clause 1 Article 58, Clause 1 Article 61, Points b and c Clause 1 Article 62 hereof;

b) Chairpersons of district-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clause 1 and Point a Clause 2 Article 34, Article 35, Article 36 and Article 37, Clause 1 and Clause 2 Article 38, Article 40, Clause 1 and Clause 2 Article 41, Article 42 and Article 43, Clause 1 and Clause 2 Article 44, Clauses 1, 2 and 3 Article 45, Article 48, Article 49, Clauses 1, 2 and 3 Article 56, Clause 1 and Clause 2 Article 57, Article 58, Clause 1 Article 59, Article 60, Article 61 and Article 62 hereof;

c) Chairpersons of provincial-level People’s Committees shall have the power to impose penalties for the administrative violations prescribed in Chapter II, Chapter III, Chapter IV, Articles 78, 79 and 80 hereof.

2. Power to impose administrative penalties of inspectors:

a) Heads of specialized inspection teams, Chief Inspector of the Bureau of Judicial Affairs Support, and Chief Inspectors of provincial Departments of Justice shall impose penalties for administrative violations specified in Article 5; clauses 1, 2, 3, 4 and 5 Article 6; Articles 7, 8, 9, 10 and 11; clause 1 and clause 2 Article 12; Article 13 and Article 14; clauses 1, 2, 3, 4, 5 and 7 Article 15; Article 16; Articles 17, 18, 19, 20 and 21; clauses 1, 2, 3, 4, 5 and 7 Article 22; clause 1 and clause 2 Article 23; Articles 24, 25 and 26; clause 1 Article 27; Article 28 and Article 29; clause 1 Article 30, Article 31; clauses 1, 2, 3, 4, 5 and 7 Article 32; Article 33; Section 1 Chapter III; Article 37; clause 1 and clause 2 Article 38; Articles 39 and 40; clause 1 and clause 2 Article 41; Article 42; Article 43; clause 1 and clause 2 Article 44; clauses 1, 2 and 3 Article 45; clause 1 and clause 2 Article 46; Articles 47, 48 and 49; Section 4 and Section 5 Chapter III; clauses 1, 2 and 3 Article 56; clause 1 and clause 2 Article 57; Article 58; clause 1 Article 59; Articles 60, 61 and 62; Articles 65 and 78; clauses 1, 2 and 3 Article 79; Article 80 of this Decree;

b) Heads of specialized inspection teams established by the Ministry of Justice of Vietnam shall have the power to impose penalties for administrative violations specified in Article 5; clauses 1, 2, 3, 4, 5 and 6 Article 6; Articles 7, 8, 9, 10, 11, 12, 13, 14 and 15; Articles 16 and 17; Section 4 Chapter II; Articles 21 and 22; clauses 1, 2 and 3 Article 23; Article 24; Section 6 and Section 7 Chapter II; Articles 31, 32 and 33; Section 1 and Section 2 Chapter III; Articles 48 and 49; clauses 1, 2, 3 and 4 Article 50; Section 4 and Section 5 Chapter III; clauses 1, 2 and 3 Article 56; clauses 1, 2 and 3 Article 57; Articles 58, 59, 60, 61 and 62; clauses 1, 2, 3, 4 and 6 Article 63; clauses 1, 2, 3, 4 and 5 Article 64; Articles 65 and 78; clauses 1, 2 and 3 Article 79; Article 80 of this Decree.

c) Chief Inspector of the Ministry of Justice of Vietnam shall have the power to impose penalties for the administrative violations prescribed in Chapters II, III, IV, V, Articles 78, 79 and 80 hereof;

d) Director General of Bureau of Judicial Affairs Support shall have the power to impose penalties for the administrative violations prescribed in Chapter II, Section 6 Chapter III, Articles 65, 78, 79 and 80 hereof;

dd) Director of Agency of Civil Status, Nationality and Authentication shall have the power to impose penalties for the administrative violations prescribed in Section 1 Chapter III, Articles 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46, Section 6 Chapter III, Articles 58, 59, 60, 61 and 62 hereof;

e) Title holders prescribed in Clause 2 and Clause 4 Article 46 of the Law on penalties for administrative violations shall have the power to impose penalties for the administrative violations prescribed in Article 56 and Article 57 hereof.

3. Power to impose administrative penalties of civil judgment enforcement agencies:

a) Directors of civil judgment enforcement sub-departments shall have the power to impose penalties for the administrative violations prescribed in Clause 1 Article 64, Clause 1 Article 65 hereof;

b) Directors of civil judgment enforcement departments and heads of military-zone judgment enforcement agencies shall have the power to impose penalties for the administrative violations prescribed in Clauses 1, 2 and 3 Article 56, Clauses 1, 2 and 3 Article 57, Clauses 1, 2, 3, 4 and 5 Article 64, Clauses 1, 2 and 3, Points a and b Clause 4 Article 65 hereof;

c) Director General of Civil Judgment Enforcement Administration shall have the power to impose penalties for the administrative violations prescribed in Section 6 Chapter III, Article 64, Clauses 1, 2 and 3, Point a and Point b Clause 4 Article 65 hereof.

4. Heads of diplomatic missions, consular missions and other agencies authorized to perform consular duties of the Socialist Republic of Vietnam in foreign countries shall have the power to impose penalties for the administrative violations prescribed in Clause 1 and Point a Clause 2 Article 34, Articles 35, 36, 37, 38, 40, 41, 42, 43, 44, 45 and 46 hereof.

5. Power to impose administrative penalties of Courts at all levels:

a) Judges who are assigned to settle bankruptcy cases shall have the power to impose penalties for the administrative violations prescribed in Articles 66, 67, 69 and 71, Clause 1 Article 73, Articles 75, 76 and 77 hereof;

b) Chief judges of district-level courts shall have the power to impose penalties for the administrative violations prescribed in Articles 66, 67, 69 and 71, Clause 1 Article 73, Clause 1 Article 75, Article 76 and Article 77 hereof;

c) Chief judges of provincial-level courts shall have the power to impose penalties for the administrative violations prescribed in Articles 56, 57, 66, 67, 69, 71, 72, 73, 75, 76 and 77 hereof.

6. Power to impose administrative penalties of People’s Public Security Forces:

a) Heads of district-level police agencies, heads of professional divisions of the following authorities, including the Internal Political Security Department, the Police Department for Administration of Social Order, the Department of Cybersecurity, Hi-Tech Crime Prevention and Control, and heads of provincial-level police departments, including: Internal Political Security Divisions; Economic Security Divisions; Investigation Police Departments for Social Order Crimes; Investigation Police Divisions for Corruption, Economic and Smuggling Crimes; Police Divisions for Administrative Management of Social Order; Cyber​security, Hi-Tech Crime Prevention and Control Divisions shall have the power to impose penalties for administrative violations specified in point g clause 2 Article 9; clauses 2 and 3 Article 10; clause 1 Article 12; clause 2 Article 19; point a clause 2 Article 32; clause 1 and point a clause 2 Article 34; clause 1 Article 35; clause 1 Article 36; clause 1 and point b clause 2 Article 45; point b clause 2 Article 46; clause 2 Article 51; point a clause 2 Article 53; Article 54; point b clause 1 Article 56; clause 1 Article 57; Article 58; clause 1 Article 59; clause 1 Article 61 and point a clause 1 Article 79 of this Decree;

b) Directors of Provincial-level Police Departments shall have the power to impose penalties for administrative violations specified in point a clause 4 Article 6; point g clause 2 Article 9; clauses 2 and 3 Article 10; clause 1 Article 12; point h clause 4 Article 15; clauses 2 and 3 Article 19; point a clause 2, points b and c clause 3, points a and b clause 7 Article 22; points a, b and h clause 1 Article 23; point a clause 2, points c and h clause 4 Article 32; clause 1 and point a clause 2 Article 34; clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; clause 1 and point b clause 2 Article 45; point b clause 2 Article 46; clause 2 Article 47; points a and g clause 2 Article 53; Article 54; point b clause 1 Article 56; clause 1 Article 57; Article 58; clause 1 Article 59; Article 60; Article 61 and point a clause 1 Article 79 of this Decree;

c) Directors of Internal Political Security Department, Economic Security Department, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economic and Smuggling Crimes, Police Department for Administrative Management of Social Order, Cybersecurity, Hi-tech Crimes Prevention and Control Department shall have the power to impose penalties for administrative violations specified in point a clause 4, clause 5a, points c, d and e clause 6, points a, b, d and g clause 7 Article 6; point b clause 3 Article 7; point g clause 2 Article 9; clauses 2 and 3 Article 10; clause 1, points a and d clause 3 Article 12; point h clause 4 Article 15; Article 17a; clauses 2 and 3 Article 19; point a clause 2, points b and c clause 3, points a and b clause 7 Article 22; points a, b and h clause 1, points a and b clause 3 Article 23; point a clause 2, points c and h clause 4 Article 32; clause 1 and point a clause 2 Article 34; clauses 1 and 2 Article 35; clauses 1 and 3 Article 36; point b clause 5 Article 39; clause 1 and point b clause 2 Article 45; point b clause 2 Article 46; clause 2 Article 47; points a and g clause 2 Article 53; Article 54; point b clause 1 Article 56; clause 1 Article 57; Articles 58, 59, 60, 61 and point a clause 1 Article 79 of this Decree.”.

Article 2. Addition, replacement and abrogation of some words, phrases, points, clauses and Articles of Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 prescribing penalties for administrative violations in the fields of judicial support, judicial administrative actions, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives

1. Addition, replacement and abrogation of some phrases of the Decree No. 82/2020/ND-CP:

a) The word “buộc” (“enforced”) is added before the word “huỷ bỏ” (“invalidation”) in point e clause 3 Article 3;

b) The word “buộc” (“enforced”) is added before the word “thông báo” (“publishing”) in point k clause 3 Article 3, point c clause 9 Article 32;

c) The phrase “và khoản 3” (“and clause 3”) is added following the phrase “tại khoản 1” (“in clause 1”) in clause 4 Article 36;

d) The phrase “02 lần” (“twice”) is added before the phrase “mức tiền phạt” (“fine”) in point c clause 1 Article 83; point c clause 1, point c clause 2, point d clause 4, point d clause 5, point c clause 9, point c clause 10 Article 84; point c clause 2, point c clause 3 Article 85; point c clause 1, point c clause 2 Article 87;

dd) The phrase “, Chánh Thanh tra tỉnh” (“, provincial-level Chief Inspectors”) is added following the phrase “Trưởng đoàn thanh tra chuyên ngành Bộ Tư pháp” (“heads of specialized inspection teams established by the Ministry of Justice of Vietnam”) in clause 5 Article 84 and point b clause 2 Article 88;

e) The phase “Chánh Thanh tra Cục Bổ trợ tư pháp” (“Chief Inspector of the Bureau of Judicial Affairs Support”) is added before the phrase “Chánh Thanh tra Sở Tư pháp” (“Chief Inspectors of provincial Departments of Justice”) in clause 4 Article 84;

g) The phrase “, Cục trưởng Cục Thi hành án Bộ Quốc phòng” (“, Director of Judgement Enforcement Agency of the Ministry of National Defence of Vietnam”) is added following the phrase “Tổng cục trưởng Tổng cục Thi hành án dân sự” (“Director General of Civil Judgment Enforcement Administration”) in clause 4 Article 85;

h) The phrase “hủy kết quả” (“invalidation of results”) is replaced with the phrase “buộc hủy bỏ kết quả” (“enforced invalidation of results”) in point a clause 9 Article 22, point a clause 5 Article 23 and point a clause 7 Article 24;

i) The phrase “giấy chứng nhận” (“certificate”) is replaced with the phrase “văn bản chứng nhận đăng ký biện pháp bảo đảm, thông báo xử lý tài sản bảo đảm” (“written certification of registration of security interests, notice of disposal of collateral”) in clause 1 and clause 3 Article 54;

k) The phrases “các” (denoting the plural form of noun), “và b” (“and b”) in point c clause 6 Article 39 are abrogated;

l) The phrase “có giá trị không vượt quá mức tiền phạt được quy định tại điểm b khoản này” (“worth less than the fine specified in Point b of this Clause”) in point c clause 2 Article 83 is abrogated.

2. Point b clause 7 Article 7, point b clause 5 Article 9, point c clause 8 Article 22, point b clause 6 Article 15, point c clause 6 Article 24, point b clause 4 Article 26, point b clause 4 Article 29, point d clause 8 Article 32, point c clause 5 Article 79, clause 2 Article 84, Chapter VII are abrogated.

Article 3. Implementation responsibility

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces or central-affiliated cities, and relevant agencies shall organize the implementation of this Decree.

Article 4. Implementation

1. This Decree comes into force from November 15, 2024.

2. Lawyers who commit the violation in clause 5a Article 6 of the Decree No. 82/2020/ND-CP against competent persons or other persons performing tasks at the request of Courts shall incur administrative penalties according to clause 3 Article 15 and clause 3 Article 21 of the Ordinance No. 02/2022/UBTVQH15 dated August 18, 2022 of the Standing Committee of National Assembly.

3. Transition

a) Regulations of this Decree shall apply to the violations which have been committed and ended before the effective date of this Decree but are detected or being considered when or after this Decree takes effect if such regulations do not provide for any legal liability or impose less severe legal liability;

b) Any complaints filed against decision on imposition of penalties for administrative violations in the fields of judicial support, judicial administrative actions, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives which have been issued or fully implemented before this Decree comes into force shall be considered and settled in accordance with the Government’s Decree No. 82/2020/ND-CP dated July 15, 2020.

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