This is a key provision stipulated in Decree 82/2020/ND-CP, which prescribes penalties for administrative violations in the fields of judicial support; judicial administration; marriage and family; enforcement of civil judgments; and bankruptcy of enterprises and cooperatives.
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Fine up to 7 million VND if legal consultation fees are not listed at the office (Illustrative photo)
To be specific:, at Point a Clause 2 Article 9 of Decree 82/2020/ND-CP stipulates a fine ranging from 3,000,000 VND to 7,000,000 VND for the act of not listing legal consultation fees at the office, as stipulated by Decree 110/2013/ND-CP for this act, a fine ranging from 1,000,000 VND to 2,000,000 VND is imposed.
It can be seen that, in reality, the failure to list consultation fees at the office occurs quite frequently, and with the penalty of only 1,000,000 VND to 2,000,000 VND, it is not a sufficient deterrent for current legal consultation centers. Consequently, the Government of Vietnam has imposed stricter penalties for this violation.
In addition to the above act, other violations concerning the operations of legal consultation centers, and branches of legal consultation centers will be subject to different fines, specifically:
- Warning or a fine ranging from 1,000,000 VND to 3,000,000 VND for one of the following acts:
- Failing to report timely, accurately, or fully to the competent authority on the organization and activities annually or upon request;- Failing to notify timely the competent authority when terminating the operation of the legal consultation center; establishing or terminating the operation of the branches of the legal consultation center.
- Fine ranging from 3,000,000 VND to 7,000,000 VND for one of the following acts:
- Failing to list legal consultation fees at the office;- Failing to report to the competent authority on organization and activities annually or upon request; failing to establish, manage, and use books and forms as prescribed;- Failing to notify in writing the competent authority when changing registration content or terminating the operation of the legal consultation center; changing the director of the center, head of branch, legal consultant, lawyer; establishing or terminating the operation of the branches of the legal consultation center;- Lacking signage or using signage that does not match the registered content;- Allowing non-legal advisors, non-legal consultation collaborators of the legal consultation center, individual practicing lawyers working under labor contracts for the center to provide legal consultation under the name of the legal consultation center;- Assigning non-individual practicing lawyers working under labor contracts for the legal consultation center to participate in proceedings for defense, representation, protecting the legitimate rights, and interests of agencies, organizations, and individuals requesting legal consultation;- Erasing or amending to falsify the content of the registration certificate of the legal consultation center;- Conducting legal consultation without being granted an operation registration certificate.
- Fine ranging from 7,000,000 VND to 10,000,000 VND for one of the following acts:
- Operating beyond the scope prescribed by law, beyond the fields recorded in the registration certificate;- Not registering the operation of the legal consultation center, branches of the legal consultation center with the competent authority.
- Fine ranging from 30,000,000 VND to 40,000,000 VND for an act of the organization without authorization.
In addition to the above-mentioned fines, the following acts will also be subject to additional penalties, specifically:
Suspension of operation from 01 to 03 months for the act of:
- Assigning non-individual practicing lawyers working under labor contracts for the legal consultation center to participate in proceedings for defense, representation, protecting the legitimate rights, and interests of agencies, organizations, and individuals requesting legal consultation;- Operating beyond the scope prescribed by law, beyond the fields recorded in the registration certificate.
Confiscation of materials related to registration certificates that have been erased or amended to falsify the content for the act of: Erasing or amending to falsify the content of the registration certificate of the legal consultation center.
Details can be found at Decree 82/2020/ND-CP, effective from September 1, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.
Le Hai
