How to handle violations of regulations on marriage registration in Vietnam?

How to handle violations of regulations on marriage registration in Vietnam? How to handle violations against regulations on organization and operation of marriage and family counseling and support centers with foreign elements in Vietnam?

Thank you!

How to handle violations of regulations on marriage registration in Vietnam?

Pursuant to Article 38 of the Decree 82/2020/ND-CP stipulating as follows:

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for erasing, correcting, falsifying the contents of papers issued by competent agencies, organizations or persons to carry out marriage registration procedures.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Allow another person to use his/her own papers to carry out marriage registration procedures or use another person's papers to carry out marriage registration procedures;

b) Provide information, documents or making false statements or statements about marital status to carry out marriage registration procedures.

3. Additional sanctioning forms:

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.

4. Remedial measures:

Propose competent agencies, organizations and persons to consider and handle the issued marriage certificates due to violations specified in Clauses 1 and 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.

How to handle violations against regulations on organization and operation of marriage and family counseling and support centers with foreign elements in Vietnam?

Pursuant to Article 39 of the Decree 82/2020/ND-CP stipulating as follows:

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for failing to notify competent state agencies when there is a change in name, head office or head office.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Erase, correct, falsify contents of papers and documents issued by competent agencies, organizations or persons in operation registration dossiers or changing operation registration contents;

b) Erase, correct, falsify the contents of the operation registration paper;

c) Fail to comply with the reporting regime; failing to make, manage or improperly use books and forms;

d) Fail to give advice and support to people who require counseling and support on marriage and family with foreign elements;

dd) Fail to issue a certificate of the center at the request of the person receiving the advice or support;

e) Fail to publicly announce the remuneration level as prescribed.

3. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for one of the following acts:

a) Make false statements in the operation registration declaration;

b) Provide untrue documents proving the head office;

c) Change of name, head office, head or contents of operation registration without certification of a competent authority.

4. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Operate in case the operating conditions are no longer satisfied;

b) Operate beyond the scope and contents stated in the operation registration paper;

c) Request money or other benefits other than remuneration as prescribed when providing counseling and support on marriage and family with foreign elements;

d) Fail to keep secret information and documents about private life, personal secrets, family secrets of the parties as prescribed by law.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Conduct marriage and family counseling and support activities involving foreign elements without an operation registration certificate;

b) Take advantage of marriage and family counseling and support with foreign elements for human trafficking, labor exploitation, sexual abuse or for other profiteering purposes.

6. Additional sanctioning forms:

a) Suspend operation from 01 to 03 months for acts of violation specified in Clauses 3 and 4 of this Article;

b) Suspend operation from 06 months to 09 months, for violations specified at Point b, Clause 5 of this Article;

c) Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified at Points a and b, Clause 2 of this Article.

7. Remedial measures:

a) Propose competent agencies, organizations or persons to consider and handle the issued papers and documents due to violations specified at Point a, Clause 2 of this Article; papers and documents that have been erased or corrected to falsify the contents specified at Points a and b, Clause 2 of this Article;

b) Forcible return of illegal profits obtained from committing violations specified at Points a, b and c, Clauses 4 and 5 of this Article.

Best regards!

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