What are the penalties for violating court rules in Vietnam?

What are the penalties for violating court rules in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

The level of administrative penalties for violations of the rules of court sessions, meetings, and obstruction of court proceedings is based on the provisions of Article 23 of Ordinance 02/2022/UBTVQH15, whereby:

1. A warning or a fine of between VND 100,000 and 500,000

A warning or a fine of between VND 100,000 and 500,000 shall be imposed for one of the following acts:

- Using the phone, creating noises, or performing other acts that cause disorder at the court hearing;

- Leaving the electronic device in the state of turning off the camera or the microphone sound despite being reminded by the presiding judge;

- Failing to get up when the trial panel enters the courtroom or when the trial panel pronounces a sentence without the permission of the presiding judge;

- The defendant does not stand up when the procurator announces the indictment or decides to prosecute without the permission of the presiding judge;

- Smoking, eating in the courtroom;

- Wearing informal clothes, hats, hats, or colored glasses in the courtroom without a legitimate reason and without the consent of the presiding judge;

- The defendant in temporary detention contacts other people who are not his defense counsel without the permission of the presiding judge;

- Persons between full 14 years old and under 16 years old have been reminded but still enter the courtroom, unless summoned by the court to participate in the court hearing.

2. A fine of 500,000 VND to 1,000,000 VND

A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:

- Failure to comply with the security check of the force responsible for protecting the court hearing;

- Asking and presenting opinions without the consent of the presiding judge of the court session;

- Causing trouble in the courtroom;

- Failure to comply with the instructions of the presiding judge despite being reminded;

- Having a disrespectful attitude to the Trial Panel;

- Participants in court hearings at the request of the Court do not present summons, invitations and other relevant papers despite being reminded;

- The person participating in the court hearing at the request of the Court does not sit in the correct position in the courtroom according to the instructions of the court clerk;

- A person participating in a court session at the request of the Court to leave the courtroom while the trial is taking place without a plausible reason and without the consent of the presiding judge;

- The journalist fails to comply with the court's request to present the journalist's card when attending the court hearing for journalistic professional activities.

3. A fine of 1,000,000 VND to 7,000,000 VND

A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

- Dragging, instigating, or inciting others to cause disorder in the courtroom;

- Bringing banned items, leaflets, slogans, or other documents and objects into the courtroom, affecting the sanctity of the court hearing except for exhibits of the case in service of the trial or weapons and supporting tools carried by competent persons to protect the court hearings;

Deliberately interrupting the lighting, sound, audio, and video recording systems, affecting the court hearing.

4. A fine of 7,000,000 VND to 15,000,000 VND

A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed for one of the following acts:

- Dumping or throwing waste, dirt, chemicals, bricks, soil, stones, sand, or other objects into the courtroom;

- Bringing weapons, weapons, explosives, inflammables, or toxic substances into the court room, except for exhibits of the case for trial work or weapons and combat gears carried by competent persons to protect the court;

- Recording speech, recording images of the trial panel without the consent of the presiding judge, or recording speech or images of procedure participants without their consent in the trial of civil and administrative cases; failing to comply with the direction of the presiding judge of the trial in terms of speech and image recording activities during the trial of a criminal case.

5. Administrative sanctions for other acts obstructing procedural activities in Vietnam

Article 24 of Ordinance 02/2022/UBTVQH15 stipulates the level of sanction for administrative violations and other acts obstructing procedural activities as follows:

- A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

+ Distributing documents or spreading account information to log in to the online adjudication system;

+ Destruction of transmission lines and network equipment, sound systems (speakers, microphones, amplifiers, audio mixers), image display equipment at central bridge points and bridge points of components of court sessions, online sessions, television signal decoding equipment, online television software, camera equipment to record the progress of court sessions, sessions, data storage devices, object projectors used to present documents and evidences at court sessions or sessions.

- Additional sanctions:

Confiscating exhibits and means of administrative violations for the acts specified above.

Nhu Mai

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