Intensive training on new regulations in administrative sanctions

Ms. Ta Thi Tai - Deputy Chief Inspector of the Ministry of Justice disseminated the training contents. Attending were representatives of leaders and civil servants working in legal affairs at provincial departments, branches and sectors; provincial legal reporters. At the district level, there were leaders and civil servants of the Justice Department, the Inspection Department, and the Civil Judgment Enforcement Office.

Difficulties and obstacles of the old decree

The difficulties and shortcomings of the old decree in practice are the basis for amendment and supplementation by the new decree. Specifically, regarding the provisions on violations, Decree No. 110/2013/ND-CP still has some contents with inconsistent understanding and application, or lack of consensus, causing difficulties in handling administrative violations.

Legal regulations in some areas such as judicial assistance, judicial administration, marriage and family are unclear, some regulations are no longer suitable to reality. Many violations of the law in inspected areas such as lawyers, notaries, property auctions, and civil judgment enforcement have no sanctions.

Regarding the regulations on fines in various fields, the fines for some violations in Decree No. 110/2013/NDCP and Decree No. 67/2015/ND-CP are not commensurate with the nature and level of the violation, are not suitable for the socio-economic situation and are not sufficiently deterrent to violations. This has led to a situation where, although not common, some individuals and organizations have the mentality of accepting to pay administrative fines for violations that is still more beneficial than having to comply with the provisions of the law in that field.

Or there are some violations of similar nature and level, but the fines are different, which is not appropriate. Therefore, it is necessary to amend in the direction of increasing the fines for individuals and organizations that violate in areas such as lawyers, legal consultants, notaries, authentication, civil status, nationality, and civil enforcement.

Regarding additional penalties, according to reports from localities, the most frequently applied penalties are warnings and fines, of which fines are applied more often. However, because the fine level is still low, fines are not yet highly deterrent.

Ms. Ta Thi Tai - Deputy Chief Inspector of the Ministry of Justice disseminated the training content. Photo: HT

Another shortcoming is that the application of remedial measures in practice in the past has not been applied much, mainly applying the remedial measure of canceling fake documents for administrative violations in the field of civil status. The reason is that the detected violations rarely violate the regulations on applying remedial measures. On the other hand, the regulations on the authority to apply remedial measures are still inadequate, leading to difficulties in implementation.

Basic new points

Decree 82/2020/ND-CP dated July 15, 2020 consists of 9 Chapters and 91 Articles, with basic new points that delegates attending the training conference need to understand clearly in order to apply them to practical work. Specifically: Regarding the scope of regulation, the Decree has new regulations on administrative sanctions for violations in commercial mediation and bailiff activities; and state compensation.

Although Article 1 of the Decree still stipulates administrative sanctions in 05 areas, including administrative violations in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement and bankruptcy of enterprises and cooperatives, however, in each specific field, the Decree has added a number of activities compared to the old decrees. Specifically, in the field of judicial assistance, commercial mediation and bailiff activities are added, and in the field of judicial administration, state compensation activities are added.

New points on administrative sanctions for violations in commercial mediation activities (Section 7, Chapter II, from Article 28 to Article 30) stipulate violations of regulations on establishment and registration of commercial mediation centers, branches of commercial mediation centers, and foreign commercial mediation organizations in Vietnam.

Delegates attending the training. Photo: HT

In addition, Decree 82 also has new points in the regulations on the subjects of sanctions; forms of administrative sanctions and additional sanctions; remedial measures; authority to draw up records; authority to impose sanctions...

Terms of enforcement

The implementing provisions are set out in Chapter 9 of the Decree, including transitional and entry into force provisions.

Specifically, regarding the transitional provisions, Decree 82 stipulates that for administrative violations in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, and enterprise and cooperative bankruptcy that occurred before the effective date of this Decree and were discovered or are under consideration and settlement, the Government's Decree on administrative sanctions in effect at the time of the violation shall apply. In cases where this Decree does not prescribe legal liability or prescribes a lighter legal liability for the violation that has occurred, the provisions of this Decree shall apply.

For decisions on administrative sanctions that have been issued or have been fully enforced before the effective date of this Decree, but individuals and organizations subject to administrative sanctions still file complaints, the provisions of the Law on Handling of Administrative Violations, Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government on sanctions for administrative violations in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives and Decree No. 67/2015/ND-CP dated May 14, 2015 of the Government amending and supplementing a number of articles of Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government shall apply.