[LEGAL UDATE DECEMBER 2024] DECREE NO. 117/2024/ND-CP 

On September 18, 2024, the Government issued Decree No. 117/2024/ND-CP, amending and supplementing several provisions of Decree No. 82/2020/ND-CP on administrative sanctions in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, and bankruptcy of enterprises and cooperatives. The decree takes effect on November 15, 2024, with the following key highlights: 

1. Expanded Scope of Sanctions and Applicable Subjects 

Decree 117/2024 expands and clarifies violations related to: 

• Forgery, erasure, or alteration of permits, making their content misleading. 

• Violations in the practice of legal professions, notarial services, judicial expertise, property auctions, and commercial mediation. 

Organizations such as law firms, mediation centers, and branches of foreign organizations operating in Vietnam are explicitly identified as subjects subject to sanctions. 

2. Provisions on Remedies 

The decree supplements detail guidelines on implementing remedies involving the submission of tampered, altered, or forged permits, practice certificates, or operation registration certificates, including: 

• If documents are temporarily seized: Within two working days from the issuance of the sanctioning decision, the competent authority must send a written request accompanied by the sanctioning decision and relevant documents to the authority that issued the documents for further processing. 

• If documents are not seized: Violating individuals or organizations must submit the documents within the deadline specified in the sanctioning decision and bear all costs associated with the remedial actions. 

For electronically issued and stored documents: Supplemental penalties, such as confiscation of materials, do not apply. In such cases, the issuing authority must be notified in writing for appropriate action. 

3. Additional Fines for Insults in Judicial Proceedings 

The decree introduces fines ranging from VND 15 million to 30 million for acts that insult the honor, dignity, or reputation of individuals with judicial authority. 

Supplemental penalties may include the suspension of law practice certificates or operating licenses for 6 to 9 months. These provisions also cover violations such as: 

• Allowing others to use law practice certificates or permits. 

• Using language or behavior to insult individuals, agencies, or organizations involved in proceedings. 

• Harassing clients or demanding benefits beyond agreed remuneration. 

• Deceiving clients without reaching the threshold for criminal prosecution. 

4. New Violations in Judicial Assistance 

The decree introduces sanctions for lawyers, notaries, and organizations practicing law or notarization who violate regulations on: 

• Anti-money laundering. 

• Terrorist financing. 

• Financing the proliferation of weapons of mass destruction in judicial assistance activities. 

Such violations will be handled under detailed provisions in government decrees on administrative sanctions in monetary and banking fields. 

5. Supplementary Regulations on Property Auctions and Arbitration 

The decree amends and supplements sanctions for violations in property auctions. Key points include: 

• Failing to suspend auctions upon reasonable requests by asset owners when collusion, price suppression, or obstruction occurs. 

• Failing to publicly post service fees or improperly maintaining posted fee records. 

Sanctions include confiscation of licenses, mandatory submission of altered or tampered documents, and recovery of unlawfully obtained benefits. 

Decree No. 117/2024/ND-CP emphasizes transparency and accountability in handling administrative violations while enhancing the effectiveness of governance in judicial assistance, judicial administration, marriage and family, and civil judgment enforcement.