Legal Consulting Office of Lao Dong Newspaper answers:
Clause 5, Article 8 of Decree 109/2026/ND-CP Regulating penalties for administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; recovery, bankruptcy of enterprises, cooperatives (effective from May 18, 2026), stipulates as follows:
A fine of between 15 million VND and 20 million VND shall be imposed for one of the following acts:
a) Operating outside the scope of practice of foreign lawyers in Vietnam;
b) To allow others to use a lawyer practice certificate, a lawyer practice registration certificate or a lawyer practice license in Vietnam to practice law;
c) Using a lawyer's practice certificate, a lawyer's practice registration certificate as an individual or using a lawyer's practice license in Vietnam from another person to practice law.
Point b, Clause 9, Article 8 of Decree 109/2026/ND-CP stipulates additional penalties as follows: Revocation of the right to use a practicing lawyer certificate or a practicing lawyer license in Vietnam for 06 months to 09 months for violations specified in points b, clause 5, clause 6, points c, d and e, clause 7, clause 8 of this Article;
Point b, Clause 10, Article 8 of Decree 109/2026/ND-CP stipulates remedial measures as follows: Forcing the return of illegal profits obtained from committing violations specified in points a, b, c, d and h clause 3, points b and c clause 4, clause 5, points a, b, d and đ clause 7, points d and e clause 8 of this Article;
Thus, from May 18, 2026, lawyers who lease their lawyer practice certificates to others for practice will be fined up to 20 million VND and will be subject to additional penalties and remedial measures as above.
Legal advice
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