13:23, 10/07/2024
Decree 82/2020/ND-CP stipulating sanctions for administrative violations in the fields of judicial support; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives takes effect from September 1, 2020 in Vietnam.
Article table of contents
Effective from September 1, 2020 (the effective date of Decree 82/2020/ND-CP), penalties for violations in civil status, nationality, and judicial record activities in vietnam are specifically stipulated as follows:
| Violating Acts | Penalty (VND) | Supplementary Sanctions | Remedial Measures |
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify birth registration documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the issued birth certificate due to the violation |
| Falsely declaring or witnessing the birth | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the issued birth certificate due to the violation |
| Providing false information or documents about birth details | |||
| Using other people's documents for birth registration procedures | |||
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify marriage registration documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the issued marriage certificate due to the violation |
| Allowing others to use your documents for marriage registration or using others' documents for marriage registration | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the issued marriage certificate due to the violation |
| Providing false information, documents, or false declarations about marital status to register for marriage | |||
| Failing to notify the competent state authority of changes in name, headquarters, or head of the organization | 1,000,000 – 3,000,000 | None | |
| Erasing or altering the content of documents issued by authorized agencies or individuals in activity registration or change of activity registration files | 3,000,000 – 5,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the issued documents |
| Erasing or altering activity registration documents | Recommend the competent authorities to review and handle the falsified documents | ||
| Failing to report, failing to set up, manage, or incorrectly using records and forms | None | None | |
| Failing to provide advice or support to those requesting advice or support on foreign marriage and family matters | |||
| Failing to issue confirmation papers as required by those receiving advice or support | |||
| Failing to publicly announce the remuneration as required | |||
| Falsely declaring information in the activity registration declaration | 5,000,000 – 7,000,000 | Suspension of activities from 1 to 3 months | |
| Providing false documentary proof of the headquarters | |||
| Changing name, headquarters, head of the organization, or content of activity registration without confirmation from competent authorities | |||
| Operating in cases of not meeting the operational conditions | 7,000,000 – 10,000,000 | Compulsory repayment of illegal gains obtained from the violation | |
| Operating beyond the scope or content recorded in the activity registration certificate | |||
| Demanding money or other benefits beyond the stipulated remuneration when advising or supporting on foreign marriage and family matters | |||
| Failing to keep confidential information, materials about private life, personal secrets, and family secrets as required by law | None | ||
| Conducting advisory or support activities on foreign marriage and family matters without an activity registration certificate | 10,000,000 – 15,000,000 | None | Compulsory repayment of illegal gains obtained from the violation |
| Exploiting advisory or support activities on foreign marriage and family matters for human trafficking, labor exploitation, sexual exploitation, or other profiteering purposes | Suspension of activities from 6 to 9 months | ||
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify marital status certification procedures | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the issued marital status certificate |
| Using other people's documents to obtain a marital status certificate | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the issued marital status certificate |
| Falsely declaring marital status to obtain a marital status certificate | |||
| Providing false information or documents to obtain a marital status certificate | |||
| Using the marital status certificate for purposes not stated in the certificate | None | ||
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify death registration documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Falsely declaring for another person's death registration | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the falsified documents |
| Providing false information or documents for death registration | |||
| Registering the death of someone who is still alive | 10,000,000 – 20,000,000 | Recommend the competent authorities to review and handle the falsified documents | |
| Failing to register the death of a deceased person to gain benefits | Compulsory repayment of illegal gains obtained from the violation | ||
| Providing false information or documents for death registration to gain benefits | Recommend the competent authorities to review and handle the falsified documents Compulsory repayment of illegal gains obtained from the violation |
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| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify guardianship registration documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Using other people's documents for guardianship registration procedures | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the falsified documents |
| Providing false information or documents about guardianship registration details | |||
| Using fake personal documents for guardianship registration procedures | 5,000,000 – 7,000,000 | None | |
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify paternity, maternity, or offspring recognition registration documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Using other people's documents for paternity, maternity, or offspring recognition registration procedures | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the falsified documents |
| Providing false information, documents, or false declarations about paternity, maternity, or offspring recognition registration procedures | |||
| Threatening, coercing, or hindering paternity, maternity, or offspring recognition | None | ||
| Erasing or altering the content of documents issued by authorized agencies or individuals to falsify civil status modification, correction, or addition procedures, or ethnic group identification | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Falsely declaring information about civil status modification, correction, or addition, or ethnic group identification | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the falsified documents |
| Providing false information or documents for civil status modification, correction, or addition procedures, or ethnic group identification | |||
| Using other people's documents for civil status modification, correction, or addition procedures, or ethnic group identification | |||
| Providing false information or documents for civil status modification, correction, or addition procedures, or ethnic group identification to gain benefits or preferential policies | 10,000,000 – 20,000,000 | Recommend the competent authorities to review and handle the falsified documents Compulsory repayment of illegal gains obtained from the violation |
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| Erasing or altering the content of civil status documents | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Erasing or altering information in civil status register books | 3,000,000 – 5,000,000 | None | None |
| Altering information in the electronic civil status database or spreading harmful software affecting the computer network or electronic devices of the civil status database | Confiscation of the violating tools | Compulsory responsibility for all costs to restore the original state due to the violation | |
| Providing false information or documents to register other civil status matters | None | None | |
| Threatening, coercing, or hindering the exercise of civil status registration rights and obligations | 5,000,000 – 7,000,000 | ||
| Bribing to obtain civil status registration without reaching criminal prosecution level | |||
| Corrupting and offering material or spiritual benefits to obtain civil status registration | |||
| Allowing others to use your civil status documents to commit legal violations | |||
| Destroying civil status documents or registers | 10,000,000 – 20,000,000 | Confiscation of the violating tools | Recommend the competent authorities to review and handle the falsified documents |
| Unauthorized access, theft, or destruction of information in the electronic civil status database | Confiscation of the violating tools | Compulsory responsibility for all costs to restore the original state due to the violation | |
| Unauthorized access, theft, or destruction of information in the electronic civil status database | None | Compulsory repayment of illegal gains obtained from the violation | |
| Erasing or altering the content of documents issued by authorized agencies or individuals in the dossiers to apply for Vietnamese nationality, return to Vietnamese nationality, renounce Vietnamese nationality, register to be recognized as having Vietnamese nationality, apply for confirmation of Vietnamese nationality, or confirmation of being a person of Vietnamese origin | 1,000,000 – 3,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Declaring false information in the dossiers to apply for Vietnamese nationality, return to Vietnamese nationality, renounce Vietnamese nationality, register to be recognized as having Vietnamese nationality, apply for confirmation of Vietnamese nationality, or confirmation of being a person of Vietnamese origin | 3,000,000 – 5,000,000 | None | Recommend the competent authorities to review and handle the falsified documents |
| Erasing or altering the content of documents related to nationality | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents | |
| Using expired documents to prove Vietnamese nationality to claim Vietnamese nationality | Confiscation of the expired documents proving Vietnamese nationality | Recommend the competent authorities to review and handle the falsified documents | |
| Destroying nationality documents | 10,000,000 – 20,000,000 | None | None |
| Deception in filing for a judicial record certificate | 3,000,000 – 5,000,000 | Recommend the competent authorities to review and handle the falsified documents | |
| Erasing or altering the content of judicial record certificates | 5,000,000 – 7,000,000 | Confiscation of the altered or falsified documents | Recommend the competent authorities to review and handle the falsified documents |
| Using another person's judicial record certificate illegally, infringing on personal privacy | 7,000,000 – 10,000,000 | None | None |
| Using other people's documents to request a judicial record certificate illegally | Recommend the competent authorities to review and handle the falsified documents | ||
| Illegally exploiting, using, altering, or destroying paper-based judicial record files | Compulsory responsibility for all costs to restore the original state due to the violation | ||
| Unauthorized access, theft, or destruction of electronic judicial record data | Confiscation of the violating tools | ||
| Spreading harmful software affecting computer networks, electronic information systems of judicial record data |
Le Vy
- Key word:
- civil status
- judicial record
- Vietnam
