Penalties for Administrative Violations Regarding the Activities of Commercial Mediators in 2020

13:28, 10/07/2024

On July 15, 2020, the Government of Vietnam issued Decree 82/2020/ND-CP stipulating penalties for administrative violations in the fields of judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives.

Fines for Administrative Violations Related to the Activities of Commercial Mediators, 82/2020/ND-CP

Fines for Administrative Violations Related to the Activities of Commercial Mediators in 2020 (illustrative image)

Decree 82/2020/ND-CP stipulates fines ranging from 5,000,000 VND to 10,000,000 VND for failure to inform the parties about the authority, remuneration, and costs before mediation.

Additionally, fines ranging from 20,000,000 VND to 30,000,000 VND are imposed for any of the following acts:

- Disclosing information about the case or clients known during the mediation process, unless agreed upon in writing by the disputing parties or otherwise provided by law;

- Receiving or demanding money or other benefits beyond the agreed remuneration and costs;

- Conducting commercial mediation without meeting the standards of a commercial mediator;

- Simultaneously acting as a representative or advisor for one of the parties or serving as an arbitrator in the same dispute that is being or has been mediated, except when the parties agree otherwise.

In addition to fines, the Decree also stipulates measures to remedy the consequences of the aforementioned violations: Forcing the return of illegal profits obtained by committing violations as specified in Clause 2, Article 30.

More details can be found in: Decree 82/2020/ND-CP effective from September 1, 2020.

Thu Ba

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