Amendment to Distortion of Application Dossier for Lawyer's Practicing Certificate Proposing Fine up to 7 Million VND

This is a notable provision stipulated in Decree 82/2020/ND-CP on penalties for administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; and bankruptcy of enterprises and cooperatives.

Tampering with documents for requesting lawyer practicing certificates can result in fines up to 7 million VND, Decree 82/2020/ND-CP

Tampering with documents for requesting lawyer practicing certificates can result in fines up to 7 million VND (Illustration)

Decree 82/2020/ND-CP has increased the fines for the following acts from the previous fine range of 500,000 VND to 1,000,000 VND according to Decree 110/2013/ND-CP to the range of 3,000,000 VND to 7,000,000 VND, specifically:

- Tampering, altering, or falsifying the contents of documents issued by competent authorities in the files for registering lawyer apprenticeship; joining the Bar Association; requesting the issuance or re-issuance of lawyer practicing certificates; requesting the issuance of lawyer practicing licenses or licenses to practice law in Vietnam for foreign lawyers;- Tampering, altering, or falsifying the contents of documents issued by competent authorities in the files for requesting the issuance or re-issuance of operating registration certificates for legal practice organizations, branches of legal practice organizations; establishment licenses, operating registration certificates for branches of foreign legal practice organizations, foreign law firms, branches of foreign law firms in Vietnam.

Additionally, the aforementioned acts also result in the confiscation of tampered or altered documents as evidence.

Moreover, this Decree also imposes fines from 7,000,000 VND to 10,000,000 VND for the act of: "Providing untruthful information, concealing personal or organization information in the files for registering lawyer apprenticeship; requesting the issuance or re-issuance of practicing certificates, practicing licenses in Vietnam for foreign lawyers, establishment licenses, operating registration certificates."

Also, from September 1, 2020, Decree 82/2020/ND-CP has abolished fines for the following acts:

- Using fake documents in files requesting the issuance of lawyer practicing certificates, lawyer practicing licenses in Vietnam;- Using fake documents in files requesting the issuance or amendment of operating registration certificates of legal practice organizations, branches of legal practice organizations; establishment licenses of branches of foreign legal practice organizations, foreign law firms, branches of foreign law firms in Vietnam;- Forging documents in files requesting the issuance of lawyer practicing certificates, lawyer practicing licenses in Vietnam;- Forging documents in files requesting the issuance or amendment of operating registration certificates of legal practice organizations, branches of legal practice organizations; establishment licenses of branches of foreign legal practice organizations, foreign law firms, branches of foreign law firms in Vietnam.

Details can be found in Decree 82/2020/ND-CP, effective from September 1, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.

Le Hai

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