13:26, 10/07/2024
Below is a notable provision stipulated in Decree 82/2020/ND-CP on penalties for administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; and bankruptcy of enterprises and cooperatives in Vietnam.
Article table of contents
From September 1, 2020, the effective date of Decree 82/2020/ND-CP, new penalties will be applied to violations within the activities of law practice organizations in Vietnam. Details are stipulated in the below table:
| Violation | Monetary Penalty (VND) | Additional Penalty |
| Registering operation or changing operational registration contents not within the specified time with the competent authority | 7,000,000 - 10,000,000 | NONE |
| Failing to notify the competent authorities or organizations within the specified time about the establishment or cessation of overseas law practice facilities | ||
| Failing to notify or report to the competent authorities or organizations within the specified time about operational registration, changes in registration contents, suspension, continuation, voluntary termination, merger, consolidation, or organizational transformation of law practice organizations | ||
| Failing to notify or report to competent authorities within the specified time about the establishment, suspension, continuation, or voluntary termination of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | ||
| Failing to notify competent authorities within the specified time about hiring foreign lawyers | ||
| Reporting incompletely, inaccurately, or late to competent authorities about the organization and operation status | ||
| Failing to publish operational registration contents or changes thereto as per regulations | ||
| Not publishing within the specified time or number of times about the establishment of foreign law practice organizations in Vietnam | ||
| Not fully purchasing professional liability insurance for lawyers in the organization | ||
| Failing to set up, manage, or use books and forms as per regulations | ||
| Failing to notify in writing to competent authorities or organizations about the establishment or cessation of overseas law practice facilities | 10,000,000 - 15,000,000 | NONE |
| Failing to notify or report in writing to competent authorities or organizations about operational registration, changes in registration contents, or temporary suspension, voluntary termination, merger, consolidation, or organizational transformation of law practice organizations | ||
| Failing to notify or report in writing to competent authorities about the suspension, continuation, or voluntary termination of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | ||
| Failing to notify in writing to competent authorities about hiring foreign lawyers | ||
| Failing to report organization and operation status to competent authorities | ||
| Failing to publish operational registration contents or changes thereto | ||
| Failing to register changes in operational registration contents | ||
| Failing to publish or notify about the establishment of foreign law practice organizations in Vietnam | ||
| Assigning one lawyer to instruct more than three law practice interns at the same time | ||
| No signboard or using a signboard not consistent with the operational registration | ||
| Accepting interns who do not meet the legal requirements into internship, or refusing to accept assigned interns from the Bar Association without a legitimate reason | ||
| Failing to purchase professional liability insurance for lawyers in the organization | ||
| Assigning the wrong personnel, not providing or providing incomplete, inaccurate, or delayed information, documents, or materials upon request from competent authorities | ||
| Editing or altering the contents of the establishment license of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | 15,000,000 - 20,000,000 | Confiscation of the altered, edited license, or operational registration documents |
| Editing or altering the contents of operational registration of law practice organizations, branches of law practice organizations, branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | ||
| Allowing non-lawyers of the organization to practice law under the organization’s name | Activity suspension from 03 to 06 months | |
| Operating in a field not specified in the registration or not at the registered office of law practice organizations, the establishment license, or the operational registration of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | ||
| Failing to assign lawyers of the organization to participate in proceedings as assigned by the Bar Association | NONE | |
| Operating when foreign law practice organizations in Vietnam do not ensure the presence and practice of two or more foreign lawyers in Vietnam for 183 days or more within 12 continuous months, including branch leaders and directors of foreign law firms | ||
| Allowing other organizations to use their operational registration, establishment license to practice law | Activity suspension from 03 to 06 months | |
| Written legal service contracts lacking prescribed contents | NONE | |
| Receiving or demanding any amount of money or benefits other than the agreed-upon remuneration and expenses in the legal service contract | 20,000,000 - 30,000,000 | NONE |
| Using the operational registration of another law practice organization or the establishment license, operational registration of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam to practice law | ||
| Providing legal services through the transaction office of the law practice organization | ||
| Changing the operation content of the law practice organization without obtaining a new operational registration; changing the establishment license, operational registration of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam without obtaining written approval from competent authorities | ||
| Operating beyond the scope of practice of branches of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam | Activity suspension from 03 to 06 months | |
| Providing legal services without signing a written legal service contract | 30,000,000 - 40,000,000 | Activity suspension from 03 to 06 months |
| Providing legal services to clients with opposing interests in the same case or matter | ||
| Operating without being granted an operational registration | NONE | |
| Failing to register the operation of the law practice organization, branch of the law practice organization, branch of foreign law practice organizations, foreign law firms, or branches of foreign law firms in Vietnam with competent authorities | 40,000,000 - 50,000,000 | NONE |
| Operating under the name of a law practice organization or hanging the signboard of a law practice organization while not being a law practice organization |
For details, see Decree 82/2020/ND-CP, effective from September 1, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.
Le Hai
- Key word:
- penalties
- Law Practice Organization
- Vietnam
