Fines double in case of an organization
00:15 11/04/2013
Draft Decree on Handling of Administrative Violations in the judicial field replacing Decree No. 60/2009/ND-CP, Decree No. 10/2009/ND-CP and Decree No. 87/2001/NĐ-CP aims to ensure the appropriateness of the Constitution, related Laws and meet the requirements of state management in the judicial field in the new situation.
Fulfilling the legal gaps
According to the compilation board, the draft Decree would “fulfill the legal gaps” on a number issues arising from existing and shortcomings in the content of the current decrees such as lack of behaviors needed to be fined in practice, the rate of fines is low and dispersed in many documents, which is difficult in application and management.
The Decree covers a wide range of stipulation relating to violations on judicial assistance, judicial administration, marriage and family, enforcement of civil judgments, the process of the bankruptcy for enterprises, cooperation commune, and for the organizations such as lawyer office, law firm; legal consultancy center; notary office; asset auction center, asset auction enterprises; marriage and family with foreign elements consultancy and support center; foreign child adoption office; bailiff office.
The draft Decree also specified that the fine to organizations will be double to individuals, except some provisions of Decree only apply to organizations.
"All administrative violations are handled"
This is one of the reasons that Ministry of Justice regulates bailiff activities in this draft Decree. In fact, there are two opposite ideas about this when making the draft. Some experts say that it should wait until the bailiff pilot finishes, there will be more specific about which provisions should be added and made in the Decree. However, according to many experts, basing on Clause 1 Article 14 Decree No. 61/2009/ND-CP, regulations on bailiff violations may be given in the Decree.