Chương 6 Nghị định 87/2003/NĐ-CP: Khen thưởng, xử lý vi phạm và khiếu nại, tố cáo

Chapter VI

COMMENDATION, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 50.- Commendation

Individuals and organizations that record achievements in the domain of professional practices by foreign lawyers organizations and foreign lawyers in Vietnam shall be commended and/or rewarded according to the provisions of law.

Article 51.- Handling of violations committed by organizations and individuals illegally practicing the lawyer's profession

Foreign organizations and individuals that practice the lawyer's profession in Vietnam in any form without being granted licenses by the Justice Ministry according to the provisions of this Decree shall be compelled to stop their professional practice, fined at the maximum level of VND 20,000,000 and have their profits from professional practice confiscated.

Article 52.- Handling of violations committed by Vietnam-based foreign lawyer's profession-practicing organizations

Vietnam-based foreign lawyer's profession-practicing organizations which violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be sanctioned for administrative violations in the following forms:

1. Caution or a fine of between VND 1,000,000 and 5,000,000 for one of the following acts:

a/ Failing to buy professional liability insurance for their lawyers practicing their profession in Vietnam;

b/ Failing to report or falsely reporting on their organization and operation as prescribed;

c/ Failing to register, publish on newspapers or notify the matters prescribed in Articles 21 and 22 of this Decree;

d/ Erasing, crossing out or modifying their establishment licenses;

e/ Leasing or lending their establishment licenses;

f/ Having no offices and/or signboards, or using signboards in contravention of law.

2. A fine of between over VND 5,000,000 and 10,000,000 for one of the following acts:

a/ Relocating their offices from one province or centrally-run city to another when not yet so approved;

b/ Changing their names when not yet so approved;

c/ Changing the branch heads, directors of foreign law firms, directors of foreign-Vietnam law partnerships or profession-practicing domains when not yet so approved;

d/ Causing difficulties or obstacles to the inspection and examination by the competent State agencies;

e/ Temporarily suspending or terminating their operation without complying with the procedures for temporary suspension or termination of operation according to the provisions of this Decree;

3. A fine of between over VND 10,000,000 and 20,000,000 for one of the following acts:

a/ Practicing their profession after being suspended from operation for a definite time;

b/ Practicing their profession outside the domains inscribed in their licenses.

4. In cases where Vietnam-based foreign lawyer's profession-practicing organizations commit acts of violation prescribed in Clauses 1 and 2 of this Article which involve aggravating circumstances, they shall be fined at the highest level of the fine bracket, and may be suspended from operation for a definite time.

5. In cases where Vietnam-based foreign lawyer's profession-practicing organizations commit acts of violation prescribed in Clause 3 of this Article which involve aggravating circumstances, they shall be subject to a fine of VND 20,000,000 and may also have their establishment licenses withdrawn.

Article 53.- Handling of violations committed by foreign lawyers

1. Foreign lawyers who commit one of the following acts of violation shall, depending on the nature and seriousness of their violations, be sanctioned for administrative violations in form of caution or fine of between VND 1,000,000 and 10,000,000:

a/ Practicing their profession outside the scope of professional practice prescribed in Article 43 of this Decree;

b/ Letting other persons use their licenses for professional practice in Vietnam;

c/ Violating other provisions of this Decree.

2. In cases where foreign lawyers commit acts of violation prescribed in Clause 1 of this Article which involve aggravating circumstances, they shall be subject to a fine of between over VND 10,000,000 and 20,000,000 and may be also suspended from professional practice for a definite time or have their licenses for professional practice in Vietnam withdrawn.

Article 54.- Violation-handling competence of the presidents of the People's Committees of the provinces and centrally-run cities

The presidents of the People's Committees of the provinces and centrally-run cities where the offices of Vietnam-based foreign lawyer's profession-practicing organizations are located have the right:

1. To impose caution;

2. To impose fines of up to VND 20,000,000 for acts of violation committed by organizations and individuals prescribed in this Decree;

3. To propose the Justice Ministry to suspend operation for a definite time or withdraw establishment licenses of Vietnam-based foreign lawyer's profession-practicing organizations or licenses for professional practice in Vietnam of foreign lawyers according to their competence.

Article 55.- Complaints and denunciations

1. Individuals and organizations may lodge complaints about administrative decisions or administrative acts of the State administrative agencies or competent persons therein when they have grounds to believe that such decisions or acts violate the provisions of this Decree or infringe upon their legitimate rights and/or interests.

The settlement of complaints shall comply with the provisions of the legislation on complaints.

2. If disagreeing with decisions on settling complaints according to administrative procedures, the complainants may initiate administrative lawsuits at court according to the provisions of law.

3. Individuals may denounce with competent State agencies acts of violating the provisions of this Decree.

The settlement of denunciations shall comply with the provisions of the legislation on denunciations.