Decree No. 110/2013/ND-CP dated of September 24th, 2013 of the Government on regulating sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy

 THE GOVERNMENT

Decree No. 110/2013/ND-CP dated of September 24^th, 2013 of the Government on regulating sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy

Pursuant to the Law on organization of the Government dated December 25, 2001;

Pursuant to the Law on handling of administrative violations dated June 20, 2012;

Pursuant to Civil Code dated June 14, 2005;

Pursuant to the Law on Marriage and Family dated June 9, 2000;

Pursuant to Bankruptcy Law dated June 15, 2004;

Pursuant to the Law on Legal Aid dated June 29, 2006;

Pursuant to the Law on notarization dated November 29, 2006;

Pursuant to the Law on Vietnamese nationality dated November 13, 2008;

Pursuant to the Law on civil judgment enforcements dated November 14, 2008;

Pursuant to the Law on judicial record dated June 17, 2009;

Pursuant to the Law on Adoption dated June 17, 2010;

Pursuant to the Law on Commercial Arbitration dated June 17, 2010;

Pursuant to the Law on Judicial Expertise dated June 20, 2012;

Pursuant to the Law on legal dissemination and education dated June 20, 2012;

Pursuant to the Law on Lawyers dated June 29, 2006 and the Law amending and supplementing a number of articles of the Law on Lawyers dated November 20, 2012;

Pursuant to Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on the registration and management of civil status; Decree No. 06/2012/ND-CP dated February 02, 2012 of the Government amending and supplementing a number of articles of the Decrees on civil status, marriage and family and certification;

Pursuant to Decree No. 77/2008/ND-CP dated July 16, 2008 of the Government on legal consultation; Decree No. 05/2012/ND-CP dated February 02, 2012 of the Government amending and supplementing a number of articles of the Decree on registration of secured transactions, legal aid, lawyers and legal consultation;

Pursuant to Decree No. 78/2008/ND-CP dated July 17, 2008 of the Government on management of cooperation with foreign countries on law;

Pursuant to Decree No. 17/2010/ND-CP dated March 4, 2010 of the Government on property auction;

Pursuant to Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government detailing the implementation of a number of articles of the Law on Marriage and Family involving marriage and family relation with foreign elements;

At the proposal of Minister of Justice;

The Government issues Decree stipulating the sanction of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcements, Enterprise and cooperative bankruptcy,

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment

1. This Decree stipulates the acts of administrative violations; forms, level of sanction, remedial measures for each act of administrative violation; authority to make violation record, sanctioning authority, specific fine level for each title for acts of administrative violation in the following areas:

a) Judicial assistance, including: Lawyer, legal consultation, notarization, judicial expertise, property auction and commercial arbitration;

b) Judicial administration, including: Certification, civil status, nationality; judicial record, legal dissemination and education; international cooperation, registration of secured transactions;

c) Marriage and family;

d) Civil judgment enforcement;

dd) Enterprise and cooperative bankruptcy.

2. Acts of administrative violation in other state management fields relating to the fields specified at Points a, b, c, Article and dd, Clause 1 of this Article not prescribed in this Decree shall apply the provisions in the Decrees stipulating the sanction of administrative violation in those fields for sanction.

Article 2. Subjects sanctioned

1. Individuals and organizations committing administrative violation in the field specified in Clause 1, Article 1 of this Decree.

2. Organizations are subjects which have been sanctioned under the provisions of this Decree including:

a) Notarization organization; lawyer’s occupational – social organization; lawyer practicing organization; foreign lawyer practicing organization in Vietnam; legal consultation center; judicial expertise office; professional auction organization; arbitration center; foreign arbitration organization in Vietnam;

b) Center of marriage and family consultation and assistance involving foreign elements; foreign adoption office; legal aid organization;

c) Enterprises and cooperatives conducting bankruptcy procedures;

d) Central agencies of social organization, occupational – social organization and attached units of these organizations performing international cooperation on law with governmental agencies, inter-governmental international organization and foreign non-governmental organizations;

dd) State agencies having acts of violation which are not under the state management duties assigned.

e) Other organizations which are not state agencies have committed administrative violation in the fields specified in Clause 1, Article 1 of this Decree.

Article 3. Remedial measures

1. In addition to the remedial measures specified in Article 28 of the Law on handling of administrative violation, this Decree also specifies other additional remedial measures for acts of violation prescribed in Chapter II, III, IV, V and VI of this Decree, including:

a) Invalidating result of property auction;

b) Destroying false papers;

c) Coercively revoking the improper payments or offsets inconsistently with law;

d) Coercively revoking property scattered and hidden and transferred inconsistently with law.

2. For remedial measures  specified at Point a and b, Clause 1 of this Article but the person having authority to sanction does not have authority to cancel, then the person or agency with authority to cancel shall be proposed.

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