This is a notable new content in Decree 82/2020/ND-CP regulating the sanctioning of administrative violations in the fields of judicial support; judicial administration; marriage and family; civil judgment enforcement; corporate and cooperative bankruptcy, issued on July 15, 2020.
Article table of contents
Failing to participate in compulsory training, Lawyers will be fined up to 3 million VND - Illustrative image
This Decree stipulates that for the act of not participating or not fully participating in the compulsory training obligations regarding professional expertise and skills, the lawyer will be fined from 1,000,000 VND to 3,000,000 VND. Specifically, Clause 1, Article 6 of Decree 82/2020/ND-CP stipulates the fines for violations in the practice of law as follows:
Article 6. Violations in the practice of law
1. Fines ranging from 1,000,000 VND to 3,000,000 VND shall be imposed for one of the following acts:
a) Not participating or not fully participating in compulsory training obligations regarding professional expertise and skills;
b) Failing to notify the Bar Association in time about registering for practice or changing the registration content.
Thus, from the effective date of the Decree, i.e., from September 1, 2020, if a lawyer does not participate or does not fully participate in the compulsory training obligations regarding professional expertise and skills, they will be fined up to 3,000,000 VND. This is a new regulation added in Decree 82/2020/ND-CP, while Decree 110/2013/ND-CP currently does not specify fines for this act.
Moreover, Decree 82/2020/ND-CP also adds fines ranging from 1,000,000 VND to 3,000,000 VND for failing to notify the Bar Association in time about registering for practice or changing the registration content. Currently, Decree 110/2013/ND-CP only specifies fines for the act of not informing the client about their rights, obligations, and professional responsibilities in providing legal services, and the fine ranges from 1,000,000 VND to 3,000,000 VND (from September 1, 2020, this fine will increase to between 7,000,000 VND and 10,000,000 VND).
Details of penalties for other violations can be found at: Decree 82/2020/ND-CP effective from September 1, 2020, replacing Decree 110/2013/ND-CP.
Nguyen Trinh
