This is a notable content stipulated in Decree 82/2020/ND-CP on sanctioning administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives.
Article table of contents
Summary of penalties for violations by professional legal organizations from September 1 (Illustration)
In Article 8 of Decree 82/2020/ND-CP regulating penalties for violations by professional legal organizations. Specifically:
- Fine from 1,000,000 VND to 3,000,000 VND: For acts of reporting inaccurately, incompletely, or not on time to competent authorities regarding the organization and activities of the professional legal organization.
- Fine from 3,000,000 VND to 7,000,000 VND: For one of the following acts:
- Failing to report to competent authorities regarding the plan for organizing a congress or the results of the congress;- Failing to report to competent authorities regarding the organization and activities of the professional legal organization;- Organizing training courses on legal skills and expertise incompletely; failing to report to the competent authorities about the training for legal skills and expertise; failing to submit for publishing or failing to publish the annual training plan and training program;- Failing to assign legal practice organizations to accept apprentice lawyers according to the law.
- Fine from 7,000,000 VND to 10,000,000 VND: For one of the following acts:
- Failing to assign legal practice organizations to appoint lawyers or not directly appointing lawyers to participate in proceedings as required by judicial bodies;- Registering lawyer apprenticeship or joining the Bar Association in violation of the law and the charter of the professional legal organization;- Failing to propose the revocation of lawyer practice certificates or proposing the revocation of lawyer practice certificates not in conformity with the law;- Failing to receive dossiers requesting the issuance or re-issuance of lawyer practice certificates or requesting the issuance or re-issuance of lawyer practice certificates not on time for eligible cases according to the law;- Allowing unqualified individuals to participate in exams certifying results of lawyer apprenticeship; issuing certificates of exam results for lawyer apprenticeship to unqualified individuals;- Deceitful in certifying or issuing mandatory training certificates for legal skills and expertise;- Exempting mandatory training for legal skills and expertise for individuals who are not eligible.
Note: For violations by professional legal organizations of lawyers, only cash fines are imposed, and no additional penalties apply.
Moreover, according to Decree 110/2013/ND-CP, the following acts incur increased fines. Excluding these acts, all other violations stipulated in Article 8 of Decree 82/2020/ND-CP are new regulations, specifically:
- Failing to report to competent authorities regarding the plan for organizing a congress or congress results of the Bar Association; (Increased fine from 1,000,000 - 3,000,000 VND to 3,000,000 - 7,000,000 VND).- Failing to report or reporting inaccurately to competent state authorities regarding the organization and activities of the professional legal organization; (Increased fine from 1,000,000 - 3,000,000 VND to 3,000,000 - 7,000,000 VND).- Failing to assign legal practice organizations to appoint lawyers and not directly appointing lawyers to participate in proceedings as required by judicial bodies. (Increased fine from 3,000,000 - 7,000,000 VND to 7,000,000 - 10,000,000 VND).
Details can be found in Decree 82/2020/ND-CP, effective from September 1, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.
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