Recently, the Government of Vietnam issued Decree 82/2020/ND-CP stipulating penalties for administrative violations in the fields of judicial support; judicial administration; marriage and family; civil judgment enforcement; and bankruptcy of enterprises and cooperatives.
Increased fines for providing legal consulting services without being a law practice organization (Illustration)
Decree 82/2020/ND-CP has increased fines for various acts related to the operations of legal practice organizations. For example, fines ranging from 40,000,000 VND to 50,000,000 VND will be imposed for any of the following acts:
- Failure to register the operations of a law practice organization, its branches; branches of foreign law practice organizations, foreign law firms, branches of foreign law firms in Vietnam with the competent authorities;- Engaging in legal consulting, providing legal services, operating under the name of a law practice organization or displaying signs as a law practice organization without being a law practice organization.
This new fine will be applied starting from September 1, 2020. Under the current regulations in Decree 110/2013/ND-CP, the above acts are only fined from 30,000,000 VND to 40,000,000 VND.
Additionally, the following acts will also see an increased fine from warning or fines ranging from 1,000,000 VND to 2,000,000 VND to fines ranging from 7,000,000 VND to 10,000,000 VND, a considerable increase compared to the current regulations, specifically for the following acts:
- Failure to notify the competent authorities in a timely manner about the establishment of a foreign-based law practice or the termination of a foreign-based law practice;- Failure to notify or report to the competent authorities in a timely manner about the registration for operation, changes in registration details, temporary suspension, resumption of operations, self-termination of operations, merger, consolidation, or transformation of the form of the law practice organization;- Failure to notify the competent authorities in a timely manner about the establishment, temporary suspension, resumption of operation, or self-termination of branches of foreign law practice organizations, foreign law firms, branches of foreign law firms in Vietnam;- Failure to notify the competent authorities in a timely manner about hiring foreign lawyers;- Incomplete, inaccurate, or untimely reporting to the competent authorities about the organization and operation;- Failure to publish the content, timelines, frequencies, forms as required regarding operational registration details or changes in operational registration details of the law practice organization.
See more new fines 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