This is a notable new content stipulated in Decree 82/2020/ND-CP regulating administrative penalties in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; and bankruptcy of enterprises and cooperatives.
Article table of contents
NEW: Fine of 10 million VND for practicing law without the proper form of practice (Illustrative image)
From September 1, 2020, the effective date of Decree 82/2020/ND-CP, fines ranging from 7,000,000 VND to 10,000,000 VND will be imposed for the following violations:
- Providing legal services to agencies, organizations, or individuals other than the agency or organization with which the lawyer has signed a labor contract, except in cases where required by the state agency or involved in criminal proceedings as requested by the procedural agency, or providing legal aid as assigned by the Bar Association in which the lawyer is a member; (According to Decree 110/2013/ND-CP, this act was fined from 3,000,000 VND to 7,000,000 VND).
- Establishing or participating in the establishment of more than two legal practice organizations; (According to Decree 110/2013/ND-CP, this act was fined from 3,000,000 VND to 7,000,000 VND).
- Working under a labor contract for another agency or organization while practicing law individually, separate from the legal practice organization the lawyer has established, participated in establishing, or signed a labor contract with; (According to Decree 110/2013/ND-CP, this was not subject to penalties).
- Practicing law without adhering to the designated form of practice; (According to Decree 110/2013/ND-CP, this was not subject to penalties).
- Practicing law individually without professional liability insurance when required by the labor contract; (According to Decree 110/2013/ND-CP, this was not subject to penalties).
- Not informing clients about their rights, obligations, and professional responsibilities when providing legal services; (According to Decree 110/2013/ND-CP, this act was fined from 1,000,000 VND to 3,000,000 VND).
- Signing legal service contracts with clients without passing through the legal practice organization or without a written authorization from the legal practice organization; (According to Decree 110/2013/ND-CP, this was not subject to penalties).
- Practicing law without a valid individual practice license or continuing to practice after having the practicing license revoked. (According to Decree 110/2013/ND-CP, lawyers practicing without a valid license were fined from 10,000,000 VND to 20,000,000 VND).
Notably, Clause 13, Article 1 of Amended Law on Lawyers 2012 specifies the forms of legal practice including:
- Practicing within a legal practice organization by establishing or participating in the establishment of a legal practice organization; working under a labor contract for a legal practice organization;
- Practicing individually.
Thus, if a lawyer registers to practice within a legal practice organization but actually practices individually, or vice versa, they will be fined from 7 million VND to 10 million VND and must return any illicit gains from such acts.
Additionally, Decree 82/2020/ND-CP imposes fines from 1,000,000 VND to 3,000,000 VND for lawyers who do not participate or who fail to fully participate in mandatory professional training, which was not previously regulated by Decree 110/2013/ND-CP.
For more details on other penalties, refer to Decree 82/2020/ND-CP, effective from September 1, 2020, which replaces Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.
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