07/10/2022 13:59

Vietnam: To fine lawyers up to 30 million VND for disclosing investigation secrets

Vietnam: To fine lawyers up to 30 million VND for disclosing investigation secrets

I read the newspaper and saw that Ordinance 02/2022/UBTVQH15 stipulates penalties for administrative violations of obstructing legal proceedings. Therefore, how do these regulations apply to lawyers? Thank you. – Hoang Oanh (Ha Giang, Vietnam)

 Hello Ms. Oanh, thank you for your question. LawNet would like to answer your questions as follows:

The Standing Committee of the National Assembly of Vietnam has just issued Ordinance 02/2022/UBTVQH15 on sanctioning administrative violations for acts of obstructing legal proceedings. According to the Ordinance, lawyers who commit violations will be punished more severely than other subjects. As follows:

Article 10 of Ordinance 02/2022/UBTVQH15 provides for acts of disclosing investigation secrets:

- A fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed on procedure participants who disclose investigative secrets even though they have been requested by investigators, investigating officers, procurators or inspectors to keep them. confidential, except where the lawyer performs the act.

- A fine of between VND 8,000,000 and 15,000,000 shall be imposed for one of the following acts:

Participants who reveal investigation secrets delay or prolong the investigation time even though investigators, investigating officers, procurators, or inspectors have asked them to keep secrets, unless the lawyer performs the act.

+ Lawyers who reveal investigative secrets despite being asked to keep them secret by investigators, investigating officers, procurators, or inspectors.

- A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed on a lawyer who discloses investigative secrets, delaying or prolonging the investigation time even though investigators, investigating officers, Procurator or Inspector requires confidentiality.

- Remedial measures:

+ Forcible recovery of information, documents, data, and objects containing investigation secrets;

+ Forcible removal of information, documents, and data containing investigation secrets;

+ Forcible return of illegally obtained profits.

Furthermore, for acts that offend or infringe on the sanctity and prestige of the Court; offend the honor, dignity, and reputation of competent persons or others performing their duties at the Court's request:

 - A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts, unless the lawyer commits the act:

+ Infringing, infringing upon the sanctity and prestige of the Court;

+ Infringing upon the honor, dignity and reputation of competent persons or other persons performing their duties at the request of the Court.

A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed for threatening, using force, or otherwise infringing on the health of competent persons or others to perform duties at the Court's request, unless the act is performed by a lawyer.

- A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit the acts specified in Clause 1, Article 21 of Ordinance 02.

If the lawyer's violation is so severe that the sanction of deprivation of the right to use the law practice certificate or law practice license in Vietnam for a definite time is required in accordance with the Law on Handling Administrative Violations, the sanctioning shall be applied according to the provisions of Law on handling administrative violations in the field of judicial assistance.

- A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who threaten, use force or commit other acts infringing upon the health of competent persons; or others performing duties at the request of the Court.

- Additional sanction:

Confiscating material evidences and/or means used to commit administrative violations

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nhu Y
18


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