What is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the application for assignment of bailiff in Vietnam?
- What documents are included in the application for bailiff assignment in Vietnam?
- How much is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the application for assignment of bailiff in Vietnam?
- Who are persons ineligible for bailiff assignment in Vietnam?
What documents are included in the application for bailiff assignment in Vietnam?
According to Clause 1, Article 10 of Decree No. 08/2020/ND-CP on assignment of bailiffs as follows:
Assignment of bailiff
1. Eligible persons according to Article 6 hereof shall submit bailiff assignment request in person or via post service at Departments of Justice where they registered for apprenticeship. Application consists of:
a) Application form regulated by Minister of Justice;
b) Judicial records issued within 6 months prior to the date of application;
c) Certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees;
d) Documents proving applicants’ period of practicing law, including: Decisions on employment, employment contract or employment contracts accompanied by documents proving social insurance payment; documents proving previous removal or revocation of license to practice or revocation of cards for cases under Clause 2 Article 11 hereof; documents proving retirement or resignation for cases under Clause 3 Article 11 hereof;
dd) Certified true copies or copies accompanied by original copies of certificate of bailiff apprenticeship inspection results.
Thus, according to regulations, the application for assignment of bailiff includes the above documents.
What is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the application for assignment of bailiff in Vietnam? (Image from the Internet)
How much is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the application for assignment of bailiff in Vietnam?
According to the provisions of Article 31 of Decree No. 82/2020/ND-CP stipulating as follows:
Violation on dossiers of request for assignment, re-assignment, dismissal or registration of bailiff practice; application for establishment, transformation, consolidation, merger, transfer, operation registration, change of contents of registration of operation of bailiff office
1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Erasing, correcting, falsifying contents of papers and documents issued by competent agencies, organizations or persons in dossiers of application for assignment, re-assignment, dismissal, and registration of bailiff practice again;
b) Erasing, correcting, falsifying contents of papers and documents issued by competent agencies, organizations or persons in dossiers of application for establishment, transformation, consolidation, merger, transfer or registration register operations, change the contents of registration of operations of the bailiff office.
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4. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
5. Remedial measures:
a) Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clauses 1 and 2 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clauses 1, 2 and 3 of this Article.
Thus, the act of erasing and falsifying the contents of papers issued by a competent person in the application for the assignment of a bailiff can be administratively sanctioned up to VND 7,000,000. In addition, violations of the provisions of Clause 1 of this Article may also be subject to:
- Confiscation of material evidences which are papers and documents that have been erased or altered to falsify their contents, for violations specified in Clause 1 of this Article.
- Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clauses 1 and 2 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
- Forcible return of illegal profits obtained from committing violations specified in Clauses 1, 2 and 3 of this Article.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
Who are persons ineligible for bailiff assignment in Vietnam?
According to the provisions of Article 11 of Decree No. 08/2020/ND-CP stipulating persons ineligible for bailiff assignment in Vietnam:
- Persons with limited legal capacity or incapacitated; having difficulty in cognition and/or behavior control as per the Civil Code.
- Persons who are working as notary officials, holding license to practice law, conducting auction, official receiver, or valuation official.
- Persons who are working as officials, public officials, public employees, commissioned officers, non-commissioned officers, workers, public employees in national defense sector in entities affiliated to People’s Army, commissioned officers, non-commissioned officers, officers in entities affiliated to the People’s Public Security.
- Persons under criminal prosecution; persons convicted for intentional offense or less serious intentional offense without receiving expungement; persons convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, including cases where offenders have their previous convictions expunged.
- Persons under Clause 3 of this Article who are removed or met with disciplinary actions in form of removal from office, mandated resignation, stripping of title or removal from sector.
- Persons facing disciplinary actions in form of removal from lawyer list of the Bar Associations due to violations of the law or violation of Code of Professional Ethics of the lawyers; persons who face administrative penalties in form of suspension of license to practice law and have not spent 3 years from the date on which they fulfill decisions imposing such administrative penalties.
- Persons who face administrative penalties in form of suspension of notary official cards, valuation official cards, auction license, asset management license and have not spent 3 years from the date on which they fulfill the decisions imposing such administrative penalties.
- Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.
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