This is one of the notable contents of Decree No. 110/2013/NĐ-CP of Vietnam’s Government stipulating the sanction of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcements, enterprise and cooperative bankruptcy.
Article table of contents
According to Decree No. 110/2013/NĐ-CP of Vietnam’s Government, the act of falsifying a law practice license will be fined from VND 20,000,000 to VND 30,000,000. Specifically, according to Clause 5 Article 6 of Decree No. 110/2013/NĐ-CP of Vietnam’s Government, fines for acts of violation of regulation on lawyer practicing operation are as follows:
Article 6. Acts of violation of regulation on lawyer practicing operation
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5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Forging lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam, certificate of participation in proceedings and counsel certificate.
b) Impersonating lawyer to practice law in any form;
c) Deliberately delaying and extending time or causing difficult, hinder the operation of state agencies;
d) Harassing or deceiving customers, receiving, requiring any other amount or material benefits in addition to remuneration and costs agreed in the legal service contract;
dd) Performing lawyer practice without lawyer practicing certificate or joining bar association;
e) Foreign lawyer practicing in Vietnam in the absence of practicing conditions.
Thus, according to the above regulation, acts of forging lawyer practicing certificate, registration certificate for lawyer practice, lawyer practicing permit in Vietnam, certificate of participation in proceedings and counsel certificate or impersonating lawyer to practice law in any form shall be fined up to VND 30,000,000.
Moreover, Decree No. 110/2013/NĐ-CP also stipulates depriving the right to use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam from 06 to 12 months for one of the following acts:
- Performing legal service without a written contract signing or with contract signing but lack of one of the content specified in Clause 2, Article 26 of the Law on Lawyers of Vietnam;
- Providing legal services for clients with conflicting interests in the same case.
- Intentionally providing false documents and exhibits;
- Inciting customers to making false declarations or inciting customers to make complaints and denunciations in contradiction with the law;
- Disclosing information about cases or clients known while practicing, unless otherwise agreed by clients in writing or prescribed by law;
- Establishing illegal contacts and relations with the procedure conducting person, person involved in procedures, cadres and other public servants to contravene regulations of law.
View other contents at Decree No. 110/2013/NĐ-CP of Vietnam’s Government, effective from November 11, 2013.
Nguyen Trinh
- Key word:
- Decree No. 110/2013/NĐ-CP
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