Fines for Violations in the Activities of Bailiffs from September 01, 2020 in Vietnam

13:06, 10/07/2024

Recently, the Government of Vietnam issued Decree 82/2020/ND-CP regulating the penalties for administrative violations in several fields, which includes detailed provisions on the fines for violations in bailiff activities.

The monetary penalties for violations in the activities of bailiffs from September 1, 2020 in Vietnam (the effective date of Decree 82/2020/ND-CP) are regulated as follows:

No.	Violations	Penalties
1	The Bailiff's Office erases or alters documents, making false the contents of papers, documents issued by competent authorities in the dossier requesting appointment, re-appointment, dismissal, registration of bailiff practice	Fine from 3,000,000 VND to 7,000,000 VND.
2	The Bailiff's Office erases or alters documents, making false the content of papers, documents issued by competent authorities in the dossier requesting the establishment, conversion, merger, acquisition, registration of operation, change of operation content of the bailiff office	Fine from 3,000,000 VND to 7,000,000 VND.
3	The Bailiff's Office provides false information or conceals information about individuals or organizations in the dossier requesting appointment, re-appointment, dismissal, registration of bailiff practice, establishment, conversion, merger, acquisition, operation registration, operation content change of the bailiff office	Fine from 7,000,000 VND to 10,000,000 VND
4	The Bailiff's Office uses false content confirmation documents under Clause 3 Article 31 of Decree 82/2020/ND-CP	Fine from 7,000,000 VND to 10,000,000 VND
5	The Bailiff's Office inaccurately confirms the period of legal work to request the appointment of a bailiff	Fine from 15,000,000 VND to 25,000,000 VND.
6	The Bailiff's Office inaccurately confirms the apprenticeship or result of the bailiff practice internship to request participation in the bailiff practice internship assessment, bailiff appointment	Fine from 15,000,000 VND to 25,000,000 VND.
7	The practicing Bailiff does not fully perform the obligation to participate in annual professional training without a legitimate reason	Fine from 1,000,000 VND to 3,000,000 VND
8	The practicing Bailiff does not wear the bailiff uniform or does not carry the bailiff card as prescribed	Fine from 1,000,000 VND to 3,000,000 VND
9	The practicing Bailiff erases or alters the content of the bailiff card	Fine from 3,000,000 VND to 7,000,000 VND.
10	The practicing Bailiff fails to correct technical errors in the minutes non-compliant
11	The practicing Bailiff guides the bailiff practice intern without meeting the internship guidance conditions as prescribed
12	The practicing Bailiff refuses to guide the bailiff practice intern non-compliant
13	The practicing Bailiff does not perform the obligation to participate in annual professional training without a legitimate reason	Fine from 7,000,000 VND to 10,000,000 VND
14	The practicing Bailiff practices at another bailiff office instead of the one where they registered to practice
15	Practicing bailiff concurrently practicing notarial services, lawyer services, valuation, asset auction, and management, liquidation of assets
16	The practicing Bailiff discloses information about their work except as otherwise required by law
17	The practicing Bailiff demands any payment or material benefits other than the agreed service contract fee
18	The practicing Bailiff serves papers, dossiers, documents according to the request of the Court, Procuracy, Civil Judgment Execution Agency non-compliant
19	The practicing Bailiff serves papers, dossiers, documents related to judicial assistance in civil matters for foreign competent authorities non-compliant
20	The practicing Bailiff establishes records not in accordance with the contents and forms prescribed
21	The practicing Bailiff does not sign each page of the record as prescribed
22	The practicing Bailiff uses information about bailiff activities to infringe upon the legal rights and interests of individuals, agencies, and organizations	Fine from 10,000,000 VND to 15,000,000 VND.
23	The practicing Bailiff establishes a record related to the rights and interests of themselves and their relatives, including: Spouse, biological children, adopted children, biological parents, adoptive parents, grandparents, aunts, uncles, siblings of the bailiff, or their spouse; grandchildren where the bailiff is the grandparent, aunt, uncle
24	The practicing Bailiff establishes a record violating regulations on ensuring security and national defense, including: Infringing on security, national defense targets; leaking state secrets, disseminating news, documents, objects belonging to state secrets; violating regulations on entry, movement in prohibited areas, protected areas, security and defense works, and military areas; violating rules about protecting secrets, protecting security and defense works, and military areas
25	The practicing Bailiff establishes a record violating private life, personal secrets, family secrets as stipulated by the Civil Code; against social ethics
26	The practicing Bailiff establishes a record confirming content, signing contracts, transactions within the scope of notary services; confirms the accuracy, legality, and non-violation of social ethics of document translations from Vietnamese to foreign languages or vice versa; certifies signatures, copies conforming to the original documents
27	The practicing Bailiff establishes a record documenting the event, action to transfer land use rights, asset ownership without proof of use, ownership rights as stipulated by law
28	The practicing Bailiff establishes a record documenting events, actions to carry out unlawful transactions at the request of the petitioner
29	The practicing Bailiff establishes a record documenting events, actions of officials and public employees, officers, professional soldiers, workers, and defense public employees in the People's Army, officers, non-commissioned officers, soldiers in the People's Public Security forces while on duty
30	The practicing Bailiff violates the code of professional ethics for bailiffs as prescribed by law
31	The practicing Bailiff attaches documents to the record not fitting with the authority and scope of record establishment
32	The practicing Bailiff allows others to use the appointment or re-appointment decision to practice as a bailiff
33	The practicing Bailiff allows others to use their bailiff card to practice as a bailiff
34	The practicing Bailiff uses the appointment or re-appointment decision or bailiff card of another person to practice as a bailiff
35	Practicing bailiff without the required conditions for practice as prescribed	Fine from 20,000,000 VND to 30,000,000 VND
36	The practicing Bailiff establishes a record documenting events, actions that they do not personally witness	Suspension of the bailiff card for 09 to 12 months.
37	The practicing Bailiff colludes with the requester or related parties to falsify the contents of the record, work dossier	Suspension of the bailiff card for 09 to 12 months.
38	The Bailiff's Office does not post the working schedule or reception rules at the office	Fine from 1,000,000 VND to 3,000,000 VND
39	The Bailiff's Office does not post procedures or service costs at the office
40	The Bailiff's Office maintains, manages, and uses books and forms non-compliant
41	The Bailiff's Office does not fully implement information, reporting policies as prescribed; does not fully comply with requests from competent authorities for inspection, examination, supervision
42	The Bailiff's Office uses signs not in compliance with the prescribed template
43	The Bailiff's Office does not ensure uniforms for bailiffs as prescribed
44	The Bailiff's Office maintains non-compliant work dossiers
45	The Bailiff's Office does not facilitate bailiffs to participate in professional training	Fine from 3,000,000 VND to 7,000,000 VND
46	The Bailiff's Office serves papers, dossiers, documents beyond the scope or outside their jurisdiction
47	The Bailiff's Office conducts bailiff internship when the office does not meet the conditions for internship guidance as prescribed
48	The Bailiff's Office establishes a record without a service contract or the service contract has non-compliant content
49	The Bailiff's Office sends records, proving documents to the Department of Justice for registration not within the regulated time
50	The Bailiff's Office does not have a signboard as prescribed	Fine from 7,000,000 VND to 10,000,000 VND
51	The Bailiff's Office does not establish, manage, use books, forms as prescribed
52	The Bailiff's Office does not implement information, reporting policies as prescribed; does not comply with the requests from competent authorities for inspection, examination, supervision
53	The Bailiff's Office does not send records, proving documents to the Department of Justice for registration as prescribed
54	The Bailiff's Office collects undue or higher than agreed service fees
55	The Bailiff's Office operates not at the registered office address
56	The Bailiff's Office does not purchase, or does not continuously purchase, professional liability insurance for bailiffs
57	The Bailiff's Office erases, alters the content of the establishment permit decision, the operating registration certificate of the bailiff's office	Fine from 10,000,000 VND to 15,000,000 VND.
58	The Bailiff's Office operates without timely registration as stipulated
59	The Bailiff's Office engages in production, business, services outside bailiff activities
60	The Bailiff's Office does not purchase professional liability insurance for their bailiffs
61	The Bailiff's Office does not notify the Department of Justice for de-registration of bailiffs no longer working at the office
62	The Bailiff's Office opens branches, representative offices, facilities, transaction locations outside the registered office	Fine from 15,000,000 VND to 20,000,000 VND.
63	The Bailiff's Office does not register the practice for their bailiffs as prescribed
64	The Bailiff's Office does not register changes in office name, address, head officer's name, list of bailiff partners, list of contracted bailiffs as required
65	The Bailiff's Office allows non-office bailiffs to practice bailiff activities under the office’s name
66	The Bailiff's Office allows others to use the establishment permit decision, operating registration certificate of the bailiff's office to engage in bailiff activities
67	Engaging in bailiff activities without the required conditions	Fine from 40,000,000 VND to 50,000,000 VND.

For more details, please refer to: Decree 82/2020/ND-CP effective from September 1, 2020.

Thanh Thao

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- The legal regulations in this article are according to Vietnamese Law;
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