Remedial measures for violations in legal consultancy activities in Vietnam from November 15, 2024

Remedial measures for violations in legal consultancy activities in Vietnam from November 15, 2024 (Image from the Internet)

On September 18, 2024, the Government of Vietnam issued Decree 117/2024/ND-CP amending Decree 82/2020/ND-CP on the regulations for administrative penalties in the areas of judicial assistance; judicial administration; marriage and family; civil judgment execution; and corporate, cooperative bankruptcy.

Remedial measures for violations in legal consultancy activities in Vietnam from November 15, 2024

Decree 117/2024/ND-CP amends and supplements the regulations on remedial measures for violations related to legal consulting activities in Clause 5 Article 10 of Decree 82/2020/ND-CP.

The Remedial measures for violations in legal consultancy activities in Vietnam from November 15, 2024 include:

- Recommending the competent authorities to review and handle the legal consultant cards that have been issued due to acts of erasure, correction altering the content of the documents, papers issued by competent authorities in the application dossier for issuing legal consultant cards;

- Forcing the return of the original documents, papers that have been erased or corrected, altering the content to the competent authorities that issued the documents, papers for acts of erasure, correction altering the content of the documents, papers issued by competent authorities in the application dossier for issuing legal consultant cards; except for the cases where the original has been confiscated as stipulated in Point c Clause 4 Article 10 of Decree 82/2020/ND-CP (amended by Decree 117/2024/ND-CP);

- Forcing the return of the legal consultant card that has been erased or corrected altering the content to the competent authorities for acts of erasure, correction altering the content of the legal consultant cards.

(Clause 5 Article 10 of Decree 82/2020/ND-CP, amended by Decree 117/2024/ND-CP)

More details can be found in Decree 117/2024/ND-CP which takes effect from November 15, 2024.

Sanctions for violations related to legal consulting activities in Vietnam

According to Clauses 1, 2, 3 Article 10 of Decree 82/2020/ND-CP, the sanctions for violations related to legal consulting activities iin Vietnam are specified as follows:

- A fine ranging from 1,000,000 VND to 3,000,000 VND for acts of erasure, correction altering the content of the documents, papers issued by competent authorities in the application dossier for issuing legal consultant cards.

- A fine ranging from 3,000,000 VND to 7,000,000 VND for one of the following acts:

+ Erasure, correction altering the content of the legal consultant card;

+ Receiving or demanding money or other benefits beyond the remuneration collected by the legal consulting center or its branch;

+ Exploiting the name of the legal consulting center, its branch, legal consultant, lawyer, or legal collaborator to perform legal consulting activities for personal gain.

- A fine ranging from 7,000,000 VND to 10,000,000 VND for one of the following acts:

+ Inducing individuals or organizations to request legal consulting services to provide false information or documents;

+ Inducing individuals or organizations to request legal consulting services to file complaints or lawsuits against the law;

+ Providing legal consulting services to opposing parties in the same case;

+ Disclosing information about cases, individuals, or organizations requesting legal consulting services, unless agreed upon by the requester or otherwise stipulated by law;

+ Acting as a legal consultant without being an authorized legal consultant.

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