What are acts of forging documents or using fake documents by agencies or organizations in Vietnam?

What are acts of forging documents or using fake documents by agencies or organizations in Vietnam?

Pursuant to Clauses 1,2 and 3, Article 81 of Decree 82/2020/ND-CP stipulating the above content as follows:

1. When detecting acts of forging documents or using fake documents of agencies or organizations in the application dossier: granting, re-granting, extending or changing types of permits; practicing certificate; card; register or re-register the activity; probationary registration; appoint; dismissed; application for establishment permits and other papers and documents in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives, the the competent authority that is handling the case must immediately transfer the violation case file to the criminal procedure-conducting agency for criminal prosecution under the provisions of Article 62 of the Law on Handling of Administrative Violations.

In case the criminal procedure-conducting agency fails to examine the criminal liability, the violation case file shall be transferred to the person competent to sanction administrative violations as prescribed in Clause 3, Article 62 of the Law on Handling of Administrative Violations to sanction administrative violations as prescribed in Clauses 2, 3 and 4 of this Article.

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

a) Using fake documents of agencies or organizations in the application for a law practice certificate or the application for joining the Bar Association; law practice registration certificate, law practice license in Vietnam; application file for an operation registration certificate of a law-practicing organization or branch of a law-practicing organization; dossiers of application for establishment licenses, dossiers of application for operation registration certificates of branches of foreign law-practicing organizations, foreign law firms, branches of foreign law firms in Vietnam;

b) Using fake documents of agencies or organizations in dossiers and procedures for requesting appointment, re-appointment, dismissal of notaries, and issuance of notary cards; dossiers of application for establishment, registration of operation, request for change of contents of operation registration or practice registration for notaries of notary offices;

c) Using fake documents of agencies or organizations in the application for permission to establish, and in the application for registration of operation of the judicial expertise office;

d) Using fake documents of agencies or organizations in dossiers and procedures for applying for an auctioneer practice certificate; application for registration of activities, request for changes in registration contents of auction activities; application file for auctioneer card;

dd) Using fake documents of agencies or organizations in the application file for the establishment or registration of operation of the arbitration center or branch registration of the arbitration center; establishment, operation registration, change of name and field of operation of a branch of a foreign arbitration institution in Vietnam; establishing or changing the head of a representative office and the location of the representative office of a foreign arbitration institution in Vietnam;

e) Using fake documents of agencies or organizations in the dossiers of establishment, operation registration, request for change of name and head office address of the commercial mediation center; register the operation of the branch of the Commercial Mediation Center; establishment, operation registration, request for change of name, branch head, head office address of the branch of a foreign commercial mediation organization in Vietnam; establish, propose to change the name of the head of the branch, the address of the representative office of the foreign commercial mediation organization in Vietnam;

g) Using fake documents of agencies or organizations in dossiers and procedures for requesting appointment or re-appointment of bailiffs; dossiers of application for establishment, operation registration or change of contents of operation registration or practice registration for bailiffs;

h) Using fake documents of agencies or organizations in the application file for grant, extension or modification of the operation license of the foreign adoption agency in Vietnam;

i) Using fake documents of agencies or organizations in the application file for the practice certificate of asset management; application file for registration of asset management and liquidation practice as an individual; application file for registration of asset management and liquidation practice, for asset management and liquidation enterprises;

k) Using fake certificates, cards, registration papers and licenses;

l) Using fake papers and documents to request notarization;

m) Using fake papers and documents to request authentication;

n) Using fake papers or documents to qualify as legal aid recipients; legal aid providers; organize the provision of legal aid;

o) Using fake papers and documents to carry out procedures for registration, identification, change, correction and supplementation of civil status information;

p) Using fake papers and documents to carry out procedures for citizenship;

q) Using fake papers and documents for adoption registration;

r) Using fake papers and documents to request the issuance of judicial record cards; using fake criminal record cards;

s) Using fake papers, documents and evidences as grounds for claiming compensation; demonstrate the right to claim; withdraw the claim and during the claim settlement process;

t) Using forged documents and papers to request judgment enforcement or falsifying the order, procedures and results of settlement of civil judgment enforcement.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Forging documents of agencies or organizations in the application for a law practice certificate, the application for joining a bar association, the law practice registration certificate, or the law practice license in Vietnam; application file for an operation registration certificate of a law-practicing organization or branch of a law-practicing organization; dossiers of application for establishment licenses, dossiers of application for operation registration certificates of branches of foreign law-practicing organizations, foreign law firms, branches of foreign law firms in Vietnam;

b) Forging documents of agencies or organizations in dossiers and procedures for requesting appointment, re-appointment, dismissal of notaries, and issuance of notary cards; dossiers of application for establishment, registration of operation, request for change of contents of operation registration or practice registration for notaries of notary offices;

c) Forging documents of agencies or organizations in dossiers of application for establishment permits, dossiers of registration of operation of judicial expertise offices;

d) Forging documents of agencies or organizations in dossiers and procedures for applying for an auctioneer practice certificate; application for registration of activities, request for changes in registration contents of auction activities; application file for auctioneer card;

dd) Forging documents of agencies or organizations in the application file for the establishment, registration of operation of the arbitration center, registration of the branch of the arbitration center; establishment, operation registration, change of name and field of operation of a branch of a foreign arbitration institution in Vietnam; establishing or changing the head of a representative office and the location of the representative office of a foreign arbitration institution in Vietnam;

e) Forging documents of agencies or organizations in the dossier of establishment, operation registration, request for change of name and head office address of the commercial mediation center; register the operation of the branch of the Commercial Mediation Center; establishment, operation registration, request for change of name, branch head, head office address of the branch of a foreign commercial mediation organization in Vietnam; establishing, requesting to change the name, branch head, head office address of a representative office of a foreign commercial mediation organization in Vietnam;

g) Forging documents of agencies or organizations in dossiers and procedures for requesting appointment or re-appointment of bailiffs; dossiers of application for establishment, operation registration or change of contents of operation registration or practice registration for bailiffs;

h) Forging documents of agencies or organizations in the application file for grant, extension or modification of operation licenses of foreign adoption offices in Vietnam;

i) Forging documents of agencies or organizations in the application file for the issuance of a practicing certificate of asset management; application file for registration of asset management and liquidation practice as an individual; application file for registration of asset management and liquidation practice, for asset management and liquidation enterprises;

k) Forging certificates, cards, registration papers and permits;

l) Forging papers and documents to request notarization;

m) Forging papers and documents to request authentication;

n) Forging papers and documents to qualify as legal aid recipients; legal aid providers; organize the provision of legal aid;

o) Forging papers and documents to carry out procedures for registration, identification, change, correction and supplementation of civil status information;

p) Forging papers and documents to carry out procedures for citizenship;

q) Forging papers and documents for registration of adoption;

r) Forging papers and documents to request the issuance of judicial record cards; fake criminal record cards;

s) Forging papers, documents and evidences as a basis for claiming compensation; demonstrate the right to claim; withdraw the claim and during the claim settlement process;

t) Forging documents and papers to request judgment enforcement or falsifying the order, procedures and results of settlement of civil judgment enforcement.

What are remedial measures for acts of forging documents or using fake documents by agencies or organizations in Vietnam? 

Pursuant to Article 4, Article 81 of Decree 82/2020/ND-CP stipulating the above content as follows:

4. Remedial measures:

a) Forcible withdrawal and destruction of fake papers, documents and evidences according to the provisions of law, for violations specified in Clauses 2 and 3 of this Article;

b) Forcible return of illegal profits obtained from committing violations specified in Clauses 2 and 3 of this Article;

c) Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clause 2 of this Article;

d) Forcing the notarial practice organization to notify on the portal of the Service of Justice where the notarial practice organization registers to practice notarization and authentication of documents specified at Points l and m Clause 2 of this Article.

Best Regards!