What criteria must be met to establish a bailiff office? What is included in the application for registration of operation of bailiff office in Vietnam?
What criteria must be met to establish a bailiff office in Vietnam?
According to Article 21 of Decree No. 08/2020/ND-CP stipulating the establishment of bailiff office in Vietnam as follows:
Establishment of bailiff office in Vietnam
1. The establishment of a bailiff office must rely on the following criteria:
a) Socio-economic conditions of the district where the bailiff office is expected to be established;
b) Number of cases accepted by court or civil enforcement authority of the district where the bailiff office is expected to be established;
c) Population density and demands of inhabitants of the district where the bailiff office is expected to be established;
d) No more than 2 bailiff offices in a district-level administrative division; no more than 1 bailiff office in a district.
2. Based on the criteria under Clause 1 of this Article, Departments of Justice shall cooperate with departments, local authorities in submitting Scheme for local bailiff office development to provincial People’s Committees for approval.
3. Based on the approved Scheme for bailiff office development, provincial People’s Committees shall issue notice of establishment of bailiff offices. Based on the aforementioned notice of provincial People’s Committees, bailiffs who wish to establish bailiff offices shall submit application for establishment of bailiff offices to local Departments of Justice in writing or via post service. Application consists of:
a) Application for establishment of bailiff office using form regulated by Minister of Justice;
b) Presentation regarding organization, name, personnel, head office location, facility conditions, and plans for implementation;
c) Certified true copies or copies accompanied by original copies of decision on assignment or reassignment of bailiff;
4. Within 20 days from the date on which adequate applications are received, Departments of Justice shall request provincial People’s Committees to consider and issue decision permitting the establishment of bailiff offices; provide written response and state reason in case of refusal.
Within 20 days from the date on which request of Departments of Justice is received, provincial People’s Committees shall consider and issue decision permitting the establishment of bailiff offices; provide written response and state reason in case of refusal.
5. Applicants for establishment of bailiff offices shall submit fees for appraising conditions for establishment and operation of bailiff offices in accordance with regulations and law on fees and charges.
Thus, according to regulations, the establishment of a bailiff office must rely on the following criteria:
- Socio-economic conditions of the district where the bailiff office is expected to be established;
- Number of cases accepted by court or civil enforcement authority of the district where the bailiff office is expected to be established;
- Population density and demands of inhabitants of the district where the bailiff office is expected to be established;
- No more than 2 bailiff offices in a district-level administrative division; no more than 1 bailiff office in a district.
What criteria must be met to establish a bailiff office? What is included in the application for registration of operation of bailiff office in Vietnam? (Image from the Internet)
What is included in the application for registration of operation of bailiff office in Vietnam?
According to Article 22 of Decree No. 08/2020/ND-CP on registration of operation of bailiff office as follows:
Registration of operation of bailiff office
1. Within 30 days from the date on which decisions permitting bailiff office establishment are received, bailiff offices must register for operation at Departments of Justice which grant permission for establishment.
Details of registration includes: Name and address of bailiff head office; full name of directors of bailiff offices; list of partnership bailiffs and list of bailiffs under employment contracts (if any) of bailiff offices.
2. Bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of: Application using form regulated by Minister of Justice; certified true copies or copies accompanied by original copies of decisions permitting establishment of bailiff office; documents proving fulfillment of eligibility under Clauses 3 and 4 Article 17 hereof and application for operation of bailiffs in accordance with Clause 1 Article 15 hereof.
3. Within 10 days from the date on which adequate registration is received, Departments of Justice shall issue license to operate to bailiff offices; provide written response and state reason in case of refusal.
4. Bailiff offices can operate with the date on which Departments of Justice issues license to operate.
Thus, bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of:
- Application using form regulated by Minister of Justice;
- Certified true copies or copies accompanied by original copies of decisions permitting establishment of bailiff office;
- Documents proving fulfillment of eligibility under Clauses 3 and 4 Article 17 hereof and application for operation of bailiffs in accordance with Clause 1 Article 15 hereof.
What is the time limit for notice of bailiff office registration?
According to Article 23 of Decree No. 08/2020/ND-CP on notice of bailiff office registration as follows:
Notice of bailiff office registration
Within 7 working days from the date on which license to operate is issued to bailiff office, Department of Justice must inform Department of Civil judgment Enforcement, provincial People’s Court, provincial People’s Procuracy, tax authority, statistical data authority, police authority, Sub-department of Civil judgment Enforcement, People’s Court, People’s Procuracy, People’s Committee of district, People’s Committee of commune where bailiff office is located, and Ministry of Justice in writing and upload on website of Department of Justice.
Thus, the time limit for notice of bailiff office registration is 07 working days from the date on which license to operate is issued to bailiff office.
LawNet
