Can a person who is removed from bailiff position be reassigned? What documents are included in the application for reassignment of bailiff in Vietnam?
What are the cases of removal of bailiff in Vietnam?
Pursuant to the provisions of Article 13 of Decree 08/2020/ND-CP stipulating cases of dismissal of bailiffs include:
- A bailiff shall be removed on his/her own volition.
- A bailiff shall be removed in the following cases:
+ He/she is no longer eligible according to Article 6 hereof save for age conditions; or
+ He/she falls under any of the cases specified in Clause 1 and Clause 8 Article 11 of Decree 08/2020/ND-CP; or
+ He/she does not register and practice bailiff for 1 year from the date of assignment; or
+ He/she has not been practicing bailiff for at least 2 consecutive years; or
+ The reason for suspension remains past the maximum time limit mentioned under Clause 2 Article 2 of Decree 08/2020/ND-CP; or
+ He/she seriously violates code of professional ethics of bailiff; commits administrative violations after being met with administrative penalties for the second time in bailiff profession; or
+ He/she works as a notary official, lawyer, valuation official, asset auction official, asset management and liquidation official while holding bailiff position; or
+ He/she is sentenced by a legally effective judgment issued by the court.
Can a person who is removed from bailiff position be reassigned? What documents are included in the application for reassignment of bailiff in Vietnam?
Can a person who is removed from bailiff position be reassigned?
Pursuant to Clause 1 Article 14 Decree 08/2020/ND-CP, Clause 2 Article 14 Decree 08/2020/ND-CP and Clause 3 Article 14 Decree 08/2020/ND-CP stipulating as follows:
Reassignment of bailiff
1. A person removed from bailiff position according to Clause 1 Article 13 hereof shall be considered for reassignment as a bailiff if he/she requests so.
2. A person removed from bailiff position according to Clause 2 Article 13 hereof shall only be considered for reassignment when he/she is eligible according to Article 6 hereof and the cause for removal ceases to remain, except for cases under Clause 3 of this Article.
A person removed from bailiff position according to Point c and d Clause 2 Article 13 hereof shall only be considered for reassignment after 1 year from the date on which decision on removal of bailiff enters into force.
3. A person removed from bailiff position due to being convicted for intentional offense or less serious intentional offense without receiving expungement; convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, even after receiving expungement, shall not be eligible for reassignment as bailiff.
Thus, cases of reassignment include:
- A person removed from bailiff position on his/her volition shall be considered for reassignment as a bailiff if he/she requests so.
- The following cases removed from bailiff position shall only be considered for reassignment when he/she is eligible and the cause for removal ceases to remain:
+ He/she is no longer eligible according to Article 6 hereof save for age conditions; or
+ He/she falls under any of the cases specified in Clause 1 and Clause 8 Article 11 of Decree 08/2020/ND-CP; or
+ He/she does not register and practice bailiff for 1 year from the date of assignment; or
+ He/she has not been practicing bailiff for at least 2 consecutive years; or
+ The reason for suspension remains past the maximum time limit mentioned under Clause 2 Article 2 of Decree 08/2020/ND-CP; or
+ He/she seriously violates code of professional ethics of bailiff; commits administrative violations after being met with administrative penalties for the second time in bailiff profession; or
+ He/she works as a notary official, lawyer, valuation official, asset auction official, asset management and liquidation official while holding bailiff position
Note: The following cases:
+ He/she does not register and practice bailiff for 1 year from the date of assignment; or
+ He/she has not been practicing bailiff for at least 2 consecutive years;
They shall only be considered for reassignment after 1 year from the date on which decision on removal of bailiff enters into force.
In addition, a person removed from bailiff position due to being convicted for intentional offense or less serious intentional offense without receiving expungement; convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, even after receiving expungement, shall not be eligible for reassignment as bailiff.
What documents are included in the application for reassignment of bailiff in Vietnam?
Pursuant to the provisions of Clause 4, Article 14 of Decree 08/2020/ND-CP, the application for reassignment of the bailiff includes:
- Application form regulated by Minister of Justice;
- Judicial records issued within 6 months prior to the date of application;
- Certified true copies or copies accompanied by original copies of Decision on removal of bailiff;
- Certified true copies or copies accompanied by original copies of documents proving insufficient grounds for removal, except for cases under Clause 1 Article 14 of Decree 08/2020/ND-CP.
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