Will a lawyer be stripped of his right to use his law practice certificate if he discloses client information?
Administrative penalties for lawyers disclosing client information are specified in Point c, Clause 7, Point b, Clause 8, Article 6.Decree 82/2020/ND-CP as follows:
Violations of regulations on law practice activities
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7. Fine from 30,000,000 VND to 40,000,000 VND for one of the following acts:
a) Providing or instructing customers to provide fake or untrue documents and evidence;
b) Inciting customers to give false statements or inciting customers to make illegal complaints or denunciations;
c) Disclosing information about cases, matters, and clients that one knows while practicing, unless otherwise agreed in writing by the client or otherwise prescribed by law;
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8. Additional penalties:
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b) Suspension of the right to use a law practice certificate or license to practice law in Vietnam for 6 to 9 months for violations specified in Point b Clause 5, Points c, d and e Clause 6, Clause 7 of this Article;
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According to the provisions of Clause 4 and Clause 5, Article 4 Decree 82/2020/ND-CP as follows:
Regulations on fine levels and authority to impose fines on individuals and organizations
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4. The fines specified in Chapters II, III, IV, V, VI and VII of this Decree are applied to administrative violations by individuals, except those specified in Clause 5 of this Article. In case an organization commits an administrative violation like an individual, the fine is 2 times the fine for an individual.
5. The fine levels specified in Articles 7, 8, 9, 16, 17, 24, 26, 29, 33, 39, 50, 53, 63, 71, 72, 73, 74 and 80 of this Decree are Fines for administrative violations by organizations.
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According to the above regulations, a lawyer who discloses client information that he or she knows while practicing (unless the client consents in writing or is otherwise provided by law) may be subject to administrative sanctions. with a fine from 30,000,000 VND to 40,000,000 VND.
At the same time, this person will also be deprived of the right to use a law practice certificate or law practice license in Vietnam for 6 to 9 months.