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.
Tìm kiếm
Nghị định 60/2009/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tư pháp (Bản Pdf)
Nghị định 60/2009/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tư pháp (Bản Word)