What are additional sanctions and remedial measures when there are violations in operations of legal consulting centers and branches in Vietnam?

What are additional sanctions and remedial measures when there are violations in operations of legal consulting centers and branches in Vietnam?

In Clause 5, Clause 6, Article 9, Decree 82/2020/ND-CP stipulates as follows:

5. Additional sanctions:

a) Suspension of operations from 01 month to 03 months for violations specified in Point e Clause 2 and Point a Clause 3 of this Article;

b) Confiscation of evidence that is an operation registration certificate that has been erased or altered to falsify the content for violations specified at Point g, Clause 2 of this Article.

6. Remedial measures:

a) 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 Point g, Clause 2 of this Article;

b) Be forced to return illegal profits obtained from committing violations specified in Point h, Clause 2, Point a, Clause 3 and Clause 4 of this Article.

What are additional sanctions and remedial measures when there are violations in operations of legal consulting centers and branches in Vietnam? (Image from the Internet)

What are penalties for violating regulations on legal consulting activities in Vietnam? 

According to Article 10 of Decree 82/2020/ND-CP regulating violations of regulations on legal consulting activities, as follow:

1. Fine from 1,000,000 VND to 3,000,000 VND for acts of erasing, altering or falsifying the content of papers and documents issued by competent agencies, organizations or persons in the application dossier issuance of legal consultant cards.

2. Fine from 3,000,000 VND to 7,000,000 VND for one of the following acts:

a) Erasing, altering or falsifying the content of the legal consultant card;

b) Receiving or demanding money or other benefits in addition to the remuneration collected by the legal consulting center or branch of the legal consulting center;

c) Taking advantage of the name of legal consulting centers, branches of legal consulting centers, legal consultants, lawyers, legal collaborators to provide legal consulting for personal gain.

3. Fine from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Inciting individuals or organizations requesting legal advice to provide false information and documents;

b) Inciting individuals and organizations to request legal advice to complain, denounce, or initiate lawsuits against the law;

c) Providing legal advice to parties with opposing interests in the same case;

d) Disclosing information about the case or individual or organization requesting legal advice, unless the individual or organization requesting legal advice agrees or the law has other provisions;

d) Not being a legal consultant but providing legal consulting activities in the name of a legal consultant.

4. Additional penalties:

a) Revoking the right to use the legal consultant card or law practice certificate for 03 to 06 months for violations specified in Point c, Clause 2 of this Article;

b) Revoking the right to use the legal consultant card or law practice certificate for 6 to 9 months for violations specified in Points a, b, c and d, Clause 3 of this Article;

c) Confiscating evidence that is papers and documents that have been erased or altered to falsify the content for violations specified in Clause 1 and Point a, Clause 2 of this Article.

5. Remedial measures:

a) Recommending competent agencies, organizations, and persons to consider and handle issued papers and documents due to violations specified in Clause 1 of this Article; Papers and documents that have been erased, corrected, or have their contents falsified as prescribed in Clause 1 of this Article; The legal consultant card has been erased or altered to distort the content specified in Point a, Clause 2 of this Article;

b) Forcing to return illegal profits obtained from committing violations specified in Points b and c, Clause 2, Point dd, Clause 3 of this Article.

Best regards!