Is a bailiff temporarily suspended from practice when being under administrative penalties in Vietnam?
Is a bailiff temporarily suspended from practice when being under administrative penalties in Vietnam?
The cases of temporary suspension of Bailiff practice are stipulated in Clause 1, Article 12 of Decree 08/2020/ND-CP as follows:
Temporary suspension of Bailiff practice
1. The Department of Justice where the Bailiff practices shall issue a decision to temporarily suspend the Bailiff's practice in the following cases:
a) The Bailiff is being prosecuted for criminal liability;
b) The Bailiff is under administrative penalties, administrative handling.
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According to the above regulation, a Bailiff who is under administrative penalties will be temporarily suspended from Bailiff practice.
Is a Bailiff temporarily suspended from practice when being under administrative penalties in Vietnam? (Image from the Internet)
According to the latest regulations, will a bailiff apprentice be terminated if under administrative penalties?
Based on Article 12 of Circular 05/2020/TT-BTP regulating cases where a bailiff apprentice is terminated as follows:
Temporary suspension and termination of bailiff apprenticeship
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2. A trainee shall be terminated in the following cases:
a) Voluntary termination of the apprenticeship;
b) Being recruited as an official, public employee, officer, professional soldier, worker, or defense public employee in an agency or unit belonging to the People's Army; officer, professional technical non-commissioned officer in an agency or unit belonging to the People's Police;
c) No longer residing in Vietnam;
d) Having lost or having restricted civil act capacity; having difficulties in awareness, controlling behaviors as prescribed by the Civil Code;
dd) Being prosecuted for criminal liability;
e) Convicted and the sentence has taken legal effect;
g) Being under administrative penalties in a compulsory detoxification center, or a compulsory education institution in accordance with the law on handling administrative violations;
h) Temporary suspension of apprenticeship exceeds the prescribed number of times or the time limit for temporary suspension of apprenticeship as stipulated in Clause 1 of this Article expires without resuming the apprenticeship;
i) Termination of apprenticeship as prescribed in Clause 1, Article 16 of this Circular;
k) Falling under cases not allowed to register for bailiff apprenticeship as stipulated in Clause 6, Article 8 of Decree 08/2020/ND-CP but still being in apprenticeship.
The apprenticeship period before the termination shall not be counted in the total apprenticeship period.
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The bailiff apprentice under administrative penalties may be terminated depending on different cases. Specifically:
In the case of being under administrative penalties in a compulsory detoxification center or compulsory education institution in accordance with the law on handling administrative violations.
When is a person not appointed as a bailiff in Vietnam?
According to Article 11 of Decree 08/2020/ND-CP, the cases where a person is not appointed as a Bailiff include:
- Persons who have lost or have restricted civil act capacity; have difficulties in awareness, controlling behaviors as prescribed by Civil Code 2015.
- Persons who have been appointed as notaries, granted lawyer practice certificates, auctioneer, asset manager certificates, and valuator cards but have not yet been dismissed as notaries, revoked lawyer practice certificates, auctioneer, asset manager certificates, valuator cards.
- Persons who are officials and public employees; officers, professional soldiers, workers, or defense public employees in an agency or unit belonging to the People's Army; officers, non-commissioned officers, soldiers in an agency or unit belonging to the People's Police.
- Persons who are being prosecuted for criminal liability; persons who have been convicted of an unintentional crime, a less serious intentional crime but have not yet had their criminal records expunged; persons who have been convicted of crimes related to property appropriation, profiteering, fraud, deception, national security, serious crimes, very serious crimes, extremely serious crimes with intent, even if the conviction has been expunged.
- Persons stipulated in Clause 3, Article 11 of Decree 08/2020/ND-CP who have been dismissed, disciplined by dismissal, forced dismissal, stripped of titles or expelled from the sector.
- Persons disciplined by erasure from the lawyers' list of the Bar Association due to legal violations or breaches of lawyer's professional ethics; persons subjected to administrative penalties by revocation of the lawyer practice certificate within 03 years from the date of completion of the administrative penalty decision.
- Persons subjected to administrative penalties by revocation of the notary card, valuator card, auctioneer practice certificate, asset manager practice certificate, within 03 years from the date of completion of the administrative penalty decision.
- Persons who are being under administrative penalties in a compulsory detoxification center or compulsory education institution.
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