What criteria must be met in order to be appointed as a bailiff? What is the application for participation in bailiff refresher training course in Vietnam?
What criteria must be met in order to be appointed as a bailiff?
According to Article 6 of Decree No. 08/2020/ND-CP, a person shall be assigned as a bailiff when he/she:
- Is a Vietnamese national, not older than 65 years old, residing in Vietnam, properly adhering to the Constitutions and the laws, and possessing good moral virtues.
- Has undergraduate or post-graduate degrees in law.
- Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.
- Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 hereof.
- Qualifies in bailiff apprenticeship exam.
What criteria must be met in order to be appointed as a bailiff? What is the application for participation in bailiff refresher training course in Vietnam? (Image from the Internet)
What is the application for participation in bailiff refresher training course in Vietnam?
According to Article 7 of Decree No. 08/2020/ND-CP stipulating bailiff training, refresher training, and equivalent recognition of bailiff training in foreign countries as follows:
Bailiff training, refresher training, and equivalent recognition of bailiff training in foreign countries
1. A person satisfying conditions under Clauses 1 and 2 Article 6 hereof are allowed to participate in bailiff training courses at Judicial Academy affiliated to the Ministry of Justice. Application for participation in bailiff training course consists of: Written registration for participation in bailiff training course regulated by the Minister of Justice; certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees in law.
He/she shall obtain certificate of bailiff training course completion upon completing the training course.
2. A person who previously worked as a judge, a procurator, an enforcement officer, an investigator for at least 5; a lawyer, a notary officer for at least 5 years; a professor, an associate professor in law; a primary assessor, a professional assessor in court, a primary examiner or a professional examiner in procuracy; a professional inspector, a professional expert, a professional researcher, or a professional lecturer in law; a primary assessor or professional assessor in civil judgment enforcement shall be exempt from bailiff training.
3. Persons exempt from bailiff training course under Clause 2 of this Article must participate in bailiff refresher training course at the Judicial Academy. Application for participation in bailiff refresher training course consists of: Written registration for participation in bailiff refresher training course using form regulated by Ministry of Justice; certified true copies or copies accompanied by original copies of documents proving eligibility for exemption from bailiff training course.
A person completing the refresher training course shall obtain the certificate of refresher bailiff training course.
4. Documents under Clauses 1 and 3 of this Article shall be submitted in person or via post service to the Judicial Academy. The Judicial Academy shall receive the applications and publicize lists of applicants eligible for training course and refresher training course at least 30 days before opening day of the course; provide written response and state reason in case of refusal.
5. Bailiff training shall last 6 months; refresher bailiff training shall last 3 months.
6. Persons who require recognition of equivalent bailiff training in foreign countries shall apply in person or via post service to Ministry of Justice. Application consists of: Request for recognition of equivalent bailiff training using form regulated by the Ministry of Justice; notarized or certified true copies of bailiff training degrees issued by foreign training facilities.
Within 30 days from the date on which adequate applications have been received, Ministry of Justice shall issue decision recognizing equivalency for persons receiving bailiff training in foreign countries; provide written response and state reason in case of refusal.
7. Minister of Justice shall elaborate contents, training program, refresher training program, and recognition of equivalent bailiff training in foreign countries.
Thus, a person who fully meets the criteria specified in Clauses 1 and 2, Article 6 of this Decree must participate in bailiff refresher training course at the Judicial Academy under the Ministry of Justice. Application for participation in bailiff refresher training course consists of:
- Written registration for participation in bailiff refresher training course using form regulated by Ministry of Justice;
- Certified true copies or copies accompanied by original copies of documents proving eligibility for exemption from bailiff training course.
How long is the bailiff apprenticeship in Vietnam?
According to the provisions of Clause 5, Article 8 of Decree No. 08/2020/ND-CP stipulating as follows:
Bailiff apprenticeship in Vietnam
…
5. Apprenticeship shall last 6 months for persons receiving bailiff training and 3 months for persons receiving refresher bailiff training from the date on which Departments of Justice issue notice on apprenticeship registration.
Thus, according to regulations, the apprenticeship shall last 6 months for persons receiving bailiff training.
LawNet
