Chapter VII
HANDLING OF VIOLATIONS
Article 35.- Handling of violations in illegal practice of the lawyer’s profession by individuals and organizations
Individuals and organizations that are not qualified under the provisions of the Ordinance on Lawyers and this Decree but practice the lawyer’s profession in any form shall be forced to stop their violation acts, subject to a fine of up to VND 50,000,000. All profits earned from the illegal practice of the lawyer’s profession shall be confiscated for the State’s public fund.
Article 36.- Handling of violations committed by lawyers
Those lawyers who commit the following violation acts shall, depending on the nature, seriousness of their violations, be disciplined according to the Bar Associations Charters, administratively sanctioned in form of warning or fine under the law provisions on handling of administrative violations:
1. Practicing the profession not in forms of profession-practicing organization prescribed in the Ordinance on Lawyers and this Decree.
2. Letting other persons use their lawyer’s profession- practicing certificates.
3. Violating other provisions of the Ordinance on Lawyers or this Decree.
In cases where serious consequences are brought about by the violations or recidivism is committed, apart from the punitive form of warning or fine, the form of withdrawing the lawyer’s profession- practicing certificate may also apply.
Article 37.- Handling of violations committed by lawyer’s offices, law partnership companies, branches of lawyer’s offices or branches of law partnership companies
Lawyer’s offices, law partnership companies, branches of lawyer’s offices or branches of law partnership companies, that commit the following violation acts, shall, depending on the nature and seriousness of their violations, be administratively sanctioned in form of warning or fine according to the law provisions on handling of administrative violations:
1. Operating beyond the professional practice domains inscribed in their operation registration papers.
2. Letting other persons who are not lawyers practice the profession in the name of their lawyer’s offices or law partnership companies.
3. Changing the contents of their operation registration papers without notifying such to the provincial/municipal Justice Services.
4. Temporarily ceasing or terminating their operation without complying with the provisions of this Decree on temporary cessation or termination of operation.
5. Violating the provisions of the Ordinance on Lawyers or this Decree on remuneration.
6. Failing to abide by the reporting regime.
7. Failing to meet the requests of competent State bodies that are conducting examinations and inspections.
8. Violating other provisions of the Ordinance on Lawyers and this Decree.
Where serious consequences are brought about by the violations or recidivism is committed, apart from the punitive form of warning or fine, the withdrawal of operation registration certificates may also apply.
Article 38.- Handling of acts of infringing upon the lawyers rights.
Those who hold influential positions and powers but commit acts of infringing upon or obstructing lawyers or lawyers organizations from exercising their rights and performing their obligations shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if damage is caused, the compensation therefor must be made according to the provisions of law.
Article 39.- Competence and procedures for handling of administrative violations
The competence and procedures for handling of administrative violations regarding acts prescribed in Articles 35, 36 and 37 of this Decree shall comply with the law provisions on handling of administrative violations.
Tìm kiếm
Nghị định 94/2001/NĐ-CP (Bản Word)