Notable changes in Decree No. 109/2026/ND-CP on administrative penalties in the judicial sector
1. Penalties for adultery increased to 10 million VND effective May 18, 2026
According to Article 62 of Decree 109/2026/NĐ-CP, violations related to marriage, divorce, and the monogamous marriage system are subject to penalties under two main categories:
- A fine of between 5 million and 10 million VND shall be imposed for acts such as: marrying or cohabiting as husband and wife with another person while already having a spouse; cohabiting with a person known to be married; marrying or cohabiting outside of a legitimate family relationship; obstructing marriage or divorce; or demanding property in connection with marriage.
- A fine of 10 million to 20 million Vietnamese dong shall be imposed for more serious offenses such as: marrying or cohabiting with a close blood relative; coercing or deceiving someone into marriage or divorce; and for acts of exploiting marital relationships for personal gain, specifically including: Exploiting marriage to exit, enter, reside in, or obtain citizenship in a country, or to benefit from state policies, without the intention of establishing a family; Exploiting divorce to evade financial obligations, violate population policies, or for other purposes not intended to terminate the marriage.
- Regarding remedial measures: in addition to fines, the return of illicit gains is required for acts of exploiting marriage or divorce for personal gain pursuant to points d and e of Clause 2, Article 62 of Decree 109/2026/NĐ-CP .
The increase in penalties for adultery and related violations is expected to help raise public awareness of legal compliance, thereby protecting family moral values and ensuring social order and safety.
2. Expanding the Authority of Commune People’s Committee Chairpersons in Handling Violations of the Legal Practice
Effective May 18, 2026, pursuant to Article 84 of Decree 109/2026/NĐ-CP, the Chairperson of the Commune People’s Committee has the authority to revoke a lawyer’s practice license for certain violations, including:
- Providing legal services to agencies, organizations, or individuals outside the scope of the agency or organization with which they have an employment contract, except in cases at the request of a state agency, participating in criminal proceedings at the request of the prosecuting authority, or providing legal aid as assigned by the Bar Association;
- Establishing or simultaneously participating in the establishment of two or more law firms;
- Working under an employment contract with another agency or organization in the capacity of a practicing lawyer as an individual outside the law firm that one has established, participated in establishing, or with which one has signed a contract;
- Practicing in a manner not in accordance with legal regulations;
- Practicing as an individual without purchasing professional liability insurance as agreed in the employment contract;
- Entering into a legal services contract directly with a client without going through a law firm or without a valid power of attorney;
- Engaging in activities beyond the scope of practice permitted for foreign lawyers in Vietnam.
3. Tightening penalties for violations in notary activities, with fines up to 50 million VND
In the field of notary services, Article 17 of Decree 109/2026/NĐ-CP provides detailed regulations regarding various violations.
Specifically, for procedural and administrative violations such as failure to post information, failure to comply with reporting requirements, improper record-keeping, or improper document storage, fines range from 3 million to 7 million VND.
For more serious violations during operations, fines ranging from 7 million VND to 10 million VND are imposed, notably including acts such as: charging fees or setting service prices in violation of regulations; failing to share notarization data; and, in particular, failing to photograph the person requesting notarization when signing or affixing a fingerprint to the document.
Fines ranging from 10 million VND to 20 million VND apply to violations that undermine the legitimacy of the organization, such as altering documents, failing to purchase professional liability insurance, or violating regulations regarding the organization and operations of the Notary Office.
For serious violations of operational conditions, such as failing to register operations, failing to store or losing notarial records, advertising in violation of regulations, or paying commissions, fines may range from 20 million VND to 30 million VND.
Notably, violations related to unauthorized organization and operations—such as opening branches outside the main office or operating before completing legal procedures—may be subject to fines ranging from 30 million VND to 40 million VND.
For particularly serious violations, such as failing to register with the notary public registry, allowing individuals who do not meet the qualifications to practice as notaries, or engaging in unauthorized capital contribution or investment activities, the maximum fine ranges from 40 million VND to 50 million VND.
Additionally, the violating entity may be subject to supplementary penalties such as suspension of operations for 1 to 6 months, as well as being required to return illicit profits, reimburse contributed capital, or restore the original status.
The new regulations are considered to have established a comprehensive penalty framework, contributing to enhanced discipline, transparency, and legal certainty in notary activities.
Thus, effective May 18, 2026, not only will violations of marriage regulations be subject to stricter penalties, but acts of exploiting marriage or divorce for personal gain will also be required to return all illicit benefits; simultaneously, notary activities will be subject to stricter oversight. Furthermore, the new regulations have expanded the authority of commune-level People’s Committees to oversee the activities of lawyers within their jurisdictions.
