Vietnam: Fines for administrative violations in the practice of bailiff effective from September 01, 2020

Fines for administrative violations in the practice of bailiff effective from September 01, 2020 (Illustration)

The fines for administrative violations in the practice of bailiff are detailed in Article 32 of Decree 82/2020/ND-CP of Vietnam's Government, specifically as follows:

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following acts:

- Failure to fully perform the obligation of annual bailiff professional training without legitimate reasons;

- Not wearing the uniform or not wearing the badge of bailiff as prescribed.

2. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following acts:

- Erasing, altering the content of the bailiff badge;

- Rectifying technical errors in minutes that are not accordance;

- Guiding notarialbailiff internship without qualifying for guideline as prescribed;

- Refusing to guide the bailif internship without accordance.

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

- Not performing the obligation of annual notarialbailiff professional training without legitimate reasons;

- Practicing at a different bailiff office apart from the registered one;

- Concurrently practicing as a bailiff while also practicing as a lawyer, an appraiser, an auctioneer, or a property manager/liquidator;

- Disclosing information about one’s work performance, except otherwise provided by law;

- Demanding any money or other material benefits in addition to the agreed service fee;

- Serving papers, files, and documents as required by the Court, the Procuracy, or the civil enforcement body without accordance;

- Serving papers, files, and documents related to judicial assistance in the civil field for foreign authorities without accordance;

- Drafting minutes not compliant with the content and format as prescribed;

- Not signing each page of the minutes as prescribed.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts:

- Using information about bailiff activities to infringe upon the lawful rights and interests of individuals, agencies, and organizations;

- Drafting minutes related to the rights and interests of oneself and relatives, including: Spouse, natural children, adopted children, biological parents, adoptive parents, grandparents, and other relatives as specified;

- Drafting minutes in violation of regulations on national security and defense, including breaching security targets, leaking state secrets, spreading confidential news, and more;

- Drafting minutes in violation of private life regulations, personal confidentiality, family confidentiality under the Civil Code; contrary to social ethics;

- Drafting minutes to confirm the content, signature in contracts, and transactions within notarization activities; confirming the accuracy, legality, and social ethics of document translations from Vietnamese to foreign languages or vice versa; confirming the authenticity of signatures, certified copies;

- Drafting minutes to record events and actions for transferring land use rights, property ownership without legal proof;

- Drafting minutes to record events and actions for illegal transactions requested by the petitioner;

- Recording events and actions of officials and public employees, officers, military professionals, workers, and public employees under the People's Army, officers, and soldiers under the People's Police currently on duty;

- Violating the notarial professional ethics as prescribed by law;- Attaching documents with the minutes beyond the authorized scope.

5. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

- Allowing others to use the appointment decision for bailiff practice;

- Allowing others to use the bailiff badge for practice;

- Using others' appointment decisions or bailiff badges to practice.

6. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for practicing without meeting the prescribed conditions.

In addition, Decree 82 stipulates the deprivation of the right to use the notarial badge for 9 to 12 months for one of the following acts:

- Drafting minutes to record events and actions that the bailiff did not directly witness;

- Colluding with requesters and related parties to falsify the content of minutes or work records.

On additional forms of sanctions:

- Deprivation of the right to use the bailiff badge for 1 to 3 months for violations as specified in point dd clause 3 of this Article;

- Deprivation of the right to use the bailiff badge for 6 to 9 months for violations as specified in point b clause 3, clause 4, and point b clause 5 of this Article;

- Deprivation of the right to use the bailiff badge for 9 to 12 months for violations as specified in point c clause 3 of this Article;

- Confiscation of the bailiff badge modified to alter its content for violations specified in point a clause 2 of this Article.

On remediation measures:

- Recommending agencies, organizations, and competent individuals to handle the bailiff badges which have been erased or modified for violations as specified in point a clause 2 of this Article;

- Forcing the return of illicit benefits obtained from violations specified in point dd clause 3, points b, c, d, dd, e, g, h and i clause 4, clauses 5, 6, and 7 of this Article;

- Announcing on the web portal of the Department of Justice where the bailiff is registered regarding the minutes that have been drafted as specified in clause 7 of this Article.

View the full text of the regulations in Decree 82/2020/ND-CP of Vietnam's Government effective from September 1, 2020.

Thu Ba

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