Vietnam: What regulations should the Bailiff adhere to in relation to colleagues, the Bailiff's Office, the socio-professional organization of the Bailiff?
- What regulations should the Bailiff adhere to in relation to colleagues, the Bailiff's Office, the socio-professional organization of the Bailiff in Vietnam?
- What things will the Bailiff not do in relation to colleagues, the Bailiff's Office in Vietnam?
- How are the rules of the bailiff's relationship with agencies and organizations implemented under current Vietnamese regulations?
What regulations should the Bailiff adhere to in relation to colleagues, the Bailiff's Office, the socio-professional organization of the Bailiff in Vietnam?
Pursuant to Article 10 of the Rules promulgated together with Circular 08/2022/TT-BTP stipulating relations with colleagues, bailiffs offices, socio-professional organizations of bailiffs as follows:
- Respect and protect the honor and prestige of colleagues; preserving and promoting the spirit of solidarity, friendliness, cooperation, helping each other to complete tasks; have the responsibility to supervise each other, resolutely fight to eliminate misconduct in practice. When it is found that a colleague has made a mistake, the Bailiff is obliged to give frank comments; report to competent agencies, organizations and persons if it is a violation of the law or harms professional reputation.
- To abide by the rules and regulations of the Bailiff Office, the charter of the social-professional organization of the Bailiff of which he/she is a member; pay membership fees for social-professional organizations of which they are members.
- Guide and help new colleagues; enhance professional exchange, help each other progress.
- Participation in the socio-professional organization of the Bailiff (if any); be under the management of competent state agencies, the Office of the Bailiff where he is practicing and the socio-professional organization of the Bailiff of which he is a member.
- Participate in professional and other social activities organized or launched by the State, socio-professional organizations of the Bailiff, the Bailiff Office in order to contribute to the overall development of the Bailiff profession.
Vietnam: What regulations should the Bailiff adhere to in relation to colleagues, the Bailiff's Office, the socio-professional organization of the Bailiff?
What things will the Bailiff not do in relation to colleagues, the Bailiff's Office in Vietnam?
Pursuant to Article 11 of the Rules promulgated together with Circular 08/2022/TT-BTP stipulating that bailiffs are not allowed to do in relation to colleagues, the Bailiff Offices includes:
- Pressuring, threatening or committing acts that violate the law or social immorality to gain an advantage for themselves or their Office in practice before the Bailiff or other Bailiff Offices.
- Conducting acts of advertising themselves and their Offices in contravention of the provisions of law in order to compete unfairly with the Bailiff or other Bailiff Office.
- Brokering, receiving or demanding commissions when referring colleagues to requests that they do not undertake.
- Open branches, representative offices, establishments and transaction locations other than the office of the Bailiff.
- Other acts that are contrary to social morality or violate the law.
How are the rules of the bailiff's relationship with agencies and organizations implemented under current Vietnamese regulations?
(1) The bailiff's relationship with the civil enforcement agency
Article 13 of the Rules issued together with Circular 08/2022/TT-BTP stipulates the rules in the relationship of bailiffs with civil enforcement agencies as follows:
- Ready to cooperate and support in work towards the highest work efficiency; for the purpose of career development.
- There must be no violations that adversely affect the image and reputation of civil enforcement agencies.
- Actively exchange and learn knowledge, experience and skills to solve jobs with civil enforcement agencies.
- When detecting that a person of a civil enforcement agency has committed misconduct in the performance of public duties, it must be responsible for reporting to responsible individuals and agencies for timely prevention and handling.
(2) The bailiff's relationship with the People's Procuracy of Vietnam and the People's Court
Pursuant to Article 14 of the Rules promulgated together with Circular 08/2022/TT-BTP stipulating the rules in the relationship of bailiffs with the People's Procuracy and the People's Court as follows:
- Strictly comply with the procuracy of the People's Procuracy in its professional activities in accordance with the provisions of law; fulfill the obligation to report and provide dossiers and documents serving the procuracy activities of the People's Procuracy as prescribed.
- Be responsible together with the People's Court to organize the execution of court judgments and decisions at the request of litigants in accordance with the provisions of law.
- Closely coordinate with the People's Court and the People's Procuracy in reviewing and evaluating the authenticity of the evidence; strictly comply with the agreement signed between the parties.
(3) Bailiff's relationship with the media
Pursuant to Article 15 of the Rules promulgated together with Circular 08/2022/TT-BTP stipulating rules in the relationship of bailiffs with the media as follows:
- Bailiffs must be honest, accurate and objective when providing information to the press, mass media, and using social networks. It is strictly forbidden to use the press, mass media, social networks to falsely report for personal purposes, improper motives or to create public opinion in order to protect the illegal rights of the requester or make statements affecting security, national interest and public interest.
- Bailiffs may not write articles, speak in newspapers, mass media, in public places, use social networks to fabricate falsehoods, attack, antisemitism or cause division, internal disunity in the socio-professional organization of the Bailiff, The Office of the Bailiff, affecting the honor and prestige of the Bailiff, the profession of Bailiff.
(4) The bailiff's relationship with other agencies, organizations and individuals
Article 16 of the Rules promulgated together with Circular 08/2022/TT-BTP stipulating the rules in the relationship of bailiffs with other agencies, organizations and individuals as follows:
- Bailiffs must comply with the provisions of law, have a polite and respectful attitude towards agencies, organizations and individuals in the process of performing their duties and working contacts.
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