Vietnam: How much is the administrative penalty imposed on a legal consultancy center for operating outside the specified scope?
What is the scope of operation of legal consultancy centers in Vietnam?
According to Article 7 of Decree No. 77/2008/ND-CP stipulating the scope of operation of legal consultancy centers as follows:
Scope of operation of legal consultancy centers
1. Legal consultancy centers may provide consultations on legal matters; designate lawyers working under contracts for them to participate in legal proceedings to defend, represent, protect rights and legitimate interests of individuals and organizations that have requested legal consultancy in cases in which they undertake to provide legal consultancy: provide legal aid under the law on legal aid.
2. Legal consultancy centers may accept and handle cases in all legal domains.
Thus, the scope of operation of legal consultancy centers is specified as above.
Vietnam: How much is the administrative penalty imposed on a legal consultancy center for operating outside the specified scope? (Image from the Internet)
How much is the administrative penalty imposed on a legal consultancy center for operating outside the specified scope?
Pursuant to Article 9 of Decree No. 82/2020/ND-CP, violations against regulations on operation of legal consultancy centers and branches of legal consultancy centers in Vietnam are prescribed as follows:
Violation against regulations on operation of legal consultancy centers, branches of legal consultancy centers
1. A warning or a fine of between VND 1,000,000 and VND 3,000,000 for one of the following acts:
a) Reporting late, inaccurately or incompletely to the competent authority on organization and operation on an annual basis or upon request;
b) Notifying the competent authority on time when terminating the operation of the legal consultancy center; establishment or termination of operation of a branch of a legal consultancy center.
2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Failing to post up the remuneration for legal advice at the head office;
b) Failing to report to competent authorities on organization and operation on an annual basis or upon request; failing to make, manage and use books and forms according to regulations;
c) Failing to notify the competent authority in writing when changing the registered contents or terminating the operation of the legal consultancy center; change center director, branch head, legal consultant, lawyer; establishment or termination of operation of a branch of a legal consultancy center;
d) Failing to have a signboard or using a signboard that does not conform to the contents of the operation registration certificate;
dd) For persons who are not legal consultants, legal consultancy collaborators of legal consultancy centers, lawyers practicing as individuals working under labor contracts for the center to perform legal advice in the name of a legal consultancy center;
e) Appointing a person other than a lawyer to practice as an individual to work under a labor contract for a legal consultancy center to participate in the proceedings to defend, represent and protect the lawful rights and interests of agencies, organizations and individuals requesting legal advice;
g) Erasing, correcting, and falsifying the contents of the operation registration paper of the legal consultancy center;
h) Providing legal advice without being granted an operation registration certificate.
3. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Operating outside the scope as prescribed by law, not in the right field stated in the operation registration certificate;
b) Failing to register the operation of the legal consultancy center or branch of the legal consultancy center with the competent authority.
4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for acts of organizations that do not have the legal consulting function but provide legal advice in any form.
5. Additional sanctions:
a) Suspending operation from 01 to 03 months, for violations specified at Point e, Clause 2, and Point a, Clause 3 of this Article;
b) Confiscate the material evidences being the operation registration papers which have been erased or modified, falsifying the contents, for the violations specified at Point g, Clause 2 of this Article.
6. Remedial measures:
a) Proposing competent agencies, organizations and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified at Point g, Clause 2 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified at Point h, Clause 2, Point a, Clause 3 and Clause 4 of this Article.
Thus, according to regulations, legal consultancy centers operating outside the scope as prescribed by law can be administratively fined up to 10,000,000 VND. In addition, the violating organization will be suspended from operation for 1 to 3 months and forced to return illegal profits obtained from committing violations.
When can the legal consultancy center collect charges for legal consultancy they provide?
According to Article 11 of Decree No. 77/2008/ND-CP on charged legal consultancy as follows:
Charged legal consultancy
1. Apart from providing free-of-charge legal consultancy to entities specified in Article 10 of this Decree, legal consultancy centers may collect charges for legal consultancy they provide toother individuals and organizations in order to cover their operation expenses.
2. The collection of charges by legal consultancy centers shall be decided by their managing organizations. If legal consultancy centers are allowed to collect charges, their managing organizations shall prescribe charge rates.
3. Legal consultancy centers shall publicly post up applicable charge rates at their head offices and comply with legal provisions on finance.
Thus, apart from providing free-of-charge legal consultancy to entities specified in Article 10 of this Decree, legal consultancy centers may collect charges for legal consultancy they provide to other individuals and organizations in order to cover their operation expenses.
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