What is settlement of violation of regulations on legally-aided persons in Vietnam?

What is settlement of violation of regulations on legally-aided persons in Vietnam?

Article 51 of Decree 82/2020/ND-CP stipulates handling of acts regulating legally-aided persons, accordingly:

1. Warning or fine from 300,000 VND to 500,000 VND for intentionally providing false information and documents about legal aid cases.

2. A fine from 500,000 VND to 1,000,000 VND shall be imposed for the act of erasing, altering or falsifying the content of papers and documents issued by competent agencies, organizations or persons in order to qualify as a legally-aided person.

3. Fine from 2,000,000 VND to 3,000,000 VND for one of the following acts:

a) Threatening, obstructing, or illegally intervening in legal aid activities; Causing trouble, disrupting order, seriously violating the rules of the place where legal aid is provided;

b) Infringing on the health, honor, dignity of legal aid-providing persons and the reputation of legal aid organizations that do not rise to the level of criminal prosecution.

4. Additional penalties:

Confiscate material evidence that is false documents for violations specified in Clause 1; Papers and documents are erased or altered to falsify the content for violations specified in Clause 2 of this Article.

5. Remedial measures:

Recommend competent agencies, organizations, and persons to consider and handle papers and documents that have been erased or modified to falsify the content specified in Clause 2 of this Article.

What is settlement of violation of regulations on legally-aided persons in Vietnam? (Image from the Internet)

What is settlement of violation of regulations on legal aid-providing persons in Vietnam?

Pursuant to Article 52 of Decree 82/2020/ND-CP regulating violations of regulations on legal aid-providing persons, as follows:

1. Warning or fine from 300,000 VND to 500,000 VND for one of the following acts:

a) Allowing others to use the legal aid collaborator card;

b) Using another person's legal aid collaborator card;

c) Failing to return the legal aid collaborator card in case the legal aid collaborator card is revoked;

d) Do not refuse or continue to provide legal aid in case of refusal according to regulations;

d) Failing to prepare and hand over legal aid case files according to regulations.

2. Fine from 500,000 VND to 1,000,000 VND for acts of erasing, altering or falsifying the content of papers and documents issued by competent agencies, organizations or persons to qualify for aid. legal help.

3. Fine from 1,000,000 VND to 2,000,000 VND for one of the following acts:

a) Using another person's legal aid collaborator card for personal gain;

b) Allowing others to use the legal aid collaborator card for personal gain;

c) Taking advantage of the name of a legal aid-providing person to seek personal gain, disrupt social order and safety, and adversely affect social ethics but not to the extent of criminal prosecution;

d) Receiving or requesting any money, material benefits or other benefits from the person receiving legal aid; harassing legally-aided persons;

d) Refusing or not continuing to provide legal aid to legally-aided persons without grounds;

e) Falsifying documents in legal aid case files.

4. Fine from 2,000,000 VND to 3,000,000 VND for one of the following acts:

a) Disclosing information about the legal aid case and the person receiving legal aid, unless the person receiving legal aid agrees in writing or the law provides otherwise;

b) Inciting or inciting legally-aided persons to provide false information and documents; Complaints, denunciations, and lawsuits against the law;

c) Infringing on the legitimate rights and interests of legally-aided persons; discriminating against legally-aided persons;

d) Providing legal aid in case of ineligibility for legal aid.

5. Additional penalties:

a) Revoke the right to use the legal aid collaborator card from 01 month to 03 months for violations specified in Point b Clause 3, Points a, b and c Clause 4 of this Article;

b) Confiscate exhibits that are papers and documents that have been erased or altered to falsify the content for violations specified in Clause 2 of this Article.

6. Remedial measures:

a) Forced destruction of falsified documents in case files for violations specified in Point e, Clause 3 of this Article;

b) Recommend competent agencies, organizations, and persons to consider and handle issued papers and documents due to violations specified in Clause 2 of this Article; Papers and documents are erased or modified to distort the content specified in Clause 2 of this Article;

c) Forced to return illegal profits obtained from committing violations specified in Points a, b, c and d Clause 3, Point d Clause 4 of this Article.

Best regards!