Penalties for Violations in the Field of Legal Assistance from September 1, 2020 in Vietnam

13:23, 10/07/2024

Legal aid is the provision of free legal services to beneficiaries to help them protect their rights and legitimate interests. However, there are also many individuals who take advantage of this to intentionally violate legal regulations for personal gain. What are penalties for these violations in Vietnam?

Below is a summary table of penalties for violations in the field of legal aid according to Decree 82/2020/ND-CP (replacing Decree 110/2013/ND-CP) on administrative penalties in the field of judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises, cooperatives and effective from September 1, 2020 in Vietnam.

No.	Violating Acts	Penalty	Additional Penalty	Remedial Measures
1	The aided person intentionally provides false information and documents about the legal aid case	Warning or fine from 300,000 VND to 500,000 VND	Confiscation of materials containing false information	No
2	The aided person erases or alters documents issued by authorities to be eligible for legal aid	Fine from 500,000 VND to 1,000,000 VND	Confiscation of falsified documents	No
3	The aided person threatens, obstructs, or illegally intervenes in legal aid activities; disrupts order at the legal aid facility	Fine from 2,000,000 VND to 3,000,000 VND	No	No
4	The aided person infringes on the health, honor, and dignity of the legal aid provider and the reputation of legal aid organizations without criminal liability level	Fine from 2,000,000 VND to 3,000,000 VND	No	No
5	Legal aid provider allows another person to use their legal aid collaborator card	Warning or fine from 300,000 VND to 500,000 VND	Revocation of the legal aid collaborator card from 01 to 03 months	No
6	Legal aid provider uses the legal aid collaborator card of another person		No	No
7	Legal aid provider does not return the legal aid collaborator card in case of revocation		No	No
8	Legal aid provider continues to provide or does not refuse legal aid when obligated by regulations		No	No
9	Legal aid provider fails to create or hand over legal aid case files as required		No	No
10	Erasing or altering documents issued by authorities to be eligible to provide legal aid		No	Request authorities to review and handle issued and altered documents
11	Legal aid provider uses another person’s legal aid collaborator card for profit	Fine from 1,000,000 VND to 2,000,000 VND	N	Forced to return illegal profits earned
12	Legal aid provider allows another person to use their legal aid collaborator card for profit		Revocation of the legal aid collaborator card from 01 to 03 months
13	Misusing the legal aid status to gain profit, cause disorder, or negatively impact social morality without criminal liability level		No
14	Demanding, receiving any money, property, or benefits from the aided person; harassing the aided person		No
15	Refusing or not continuing to provide legal aid to the aided person without valid reasons		No	No
16	Legal aid provider falsifies documents in the legal aid case files		No	Required to cancel falsified documents in the case files
17	Disclosing information about the legal aid case or the aided person, unless consented in writing or legally required otherwise	Fine from 2,000,000 VND to 3,000,000 VND	Revocation of the legal aid collaborator card from 01 to 03 months	No
18	Inciting or instigating the aided person to provide false information, make illegal complaints, denunciations, or lawsuits			No
19	Violating the legal rights and interests of the aided person; discrimination against the aided person			No
20	Providing legal aid without sufficient eligibility		No	Forced to return illegal profits earned
21	Legal aid participating organization fails to conduct statistical policies, report, create, or store legal aid case files as required	Warning or fine from 1,000,000 VND to 3,000,000 VND	No	No
22	Legal aid participating organization fails to transfer incomplete legal aid files to designated legal aid organizations or notify cessation of legal aid as required	Warning or fine from 1,000,000 VND to 3,000,000 VND	No	No
23	Legal aid participating organization erases or alters the content of legal aid registration	Fine from 3,000,000 VND to 5,000,000 VND	Confiscation of altered registration documents	Request authorities to review and handle altered documents
24	Legal aid participating organization refuses or does not continue to provide legal aid without conformity		No	No
25	Legal aid participating organization provides legal aid inconsistent with their registration		Revocation of legal aid registration from 03 to 06 months	No
26	Legal aid participating organization provides legal aid without sufficient eligibility		No	No
27	Legal aid participating organization discloses information about the legal aid case or the aided person, unless consented in writing or legally required otherwise		Revocation of legal aid registration from 03 to 06 months	No
28	Legal aid participating organization provides legal aid when required to cease		No	No
29	Misuse or exploit legal aid activities for profit; causing disorder, impacting social security, negatively affecting social morality without criminal liability level		No	Forced to return illegal profits earned
30	Legal aid participating organization establishes a legal aid organization nonconformably	Fine from 5,000,000 VND to 7,000,000 VND	No	No

Thanh Thao

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- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
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