Vietnam: What is the administrative penalty imposed upon the bailiff for demanding tangible benefits other than fees recorded in contracts?
Can the bailiff demand tangible benefits other than fees recorded in contracts?
According to Article 4 of Decree No. 08/2020/ND-CP stipulating the prohibited tasks of bailiffs:
Prohibited tasks of bailiffs
1. Disclosing information on their work, unless otherwise regulated by the laws; using information on operation of bailiffs in order to infringe legal rights and benefits of individuals, agencies, and organizations.
2. Demanding tangible benefits other than fees recorded in contracts.
3. Conducting notary, lawyer, valuation, property auction, property management and liquidation work on a part-time basis.
4. Accepting tasks relating to their rights and benefits or their relatives’ rights and benefits, including: Spouses, biological children, adopted children; biological parents, biological siblings, grandparents, aunts, or uncles of bailiffs or bailiff’s spouses; biological nieces or nephews of bailiffs.
5. Other prohibited tasks as per the law.
Thus, according to the regulations, the bailiff is prohibited from demanding tangible benefits other than fees recorded in contracts.
Vietnam: What is the administrative penalty imposed upon the bailiff for demanding tangible benefits other than fees recorded in contracts? (Image from the Internet)
How much is the administrative penalty imposed upon the bailiff for demanding tangible benefits other than fees recorded in contracts?
According to the provisions of Article 32 of Decree No. 82/2020/ND-CP on violations against regulations on practicing bailiff:
Violations against regulations on practicing bailiffs
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3. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Failing to fulfill the obligation to participate in annual bailiff professional training without a plausible reason;
b) Practicing in a bailiff's office other than the bailiff's office where he/she has registered to practice;
c) Practicing as a bailiff while concurrently practicing notarial practice, lawyer, valuation, asset auction, and asset management and liquidation;
d) Disclosing information about their job performance, unless otherwise provided for by law;
dd) Demanding any amounts of money or tangible benefits other than fees recorded in contracts;
e) Serving papers, dossiers and documents at the request of courts, procuracies or civil judgment enforcement agencies in contravention of regulations;
g) Serving papers, dossiers and documents related to mutual legal assistance in civil domains by foreign competent agencies in contravention of regulations;
h) Complying with the wrong content and form as prescribed;
i) Failing to sign each page of bailiff’s report as prescribed.
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8. Additional penalties:
a) Deprive the right to use the bailiff's card from 01 to 03 months, for the violations specified at Point dd, Clause 3 of this Article;
b) Deprive the right to use the bailiff’s card from 06 months to 09 months, for violations specified at Point b, Clause 3, Clause 4 and Point b, Clause 5 of this Article;
c) Deprive the right to use the bailiff’s card from 09 months to 12 months, for violations specified at Point c, Clause 3 of this Article;
d) Confiscate material evidences being bailiff’s cards which have been erased or modified to falsify contents, for violations specified at Point a, Clause 2 of this Article.
9. Remedial measures:
a) Proposing competent agencies, organizations and persons to consider and handle the bailiff cards which have been erased or corrected to falsify the contents specified at Point a, Clause 2 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified at Point dd Clause 3, Points b, c, d, dd, e, g, h and i Clause 4, Clause 5 , 6 and 7 of this Article;
c) Notify on the portal of the Service of Justice where the bailiff has registered to practice about the micro-licenses made as prescribed in Clause 7 of this Article.
Thus, a bailiff who acts to demand any money or material benefits other than the cost agreed in the service contract may be administratively sanctioned up to VND 10,000,000. In addition, the violator will also be deprived of the right to use the bailiff’s card from 01 to 03 months and forced to pay back the illegal profits obtained from committing the violation.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
What are the rights and obligations of bailiffs in Vietnam?
Pursuant to Article 16 of Decree No. 08/2020/ND-CP, the rights and obligations of bailiffs in Vietnam include:
- Stay honest and objective while performing duty.
- Strictly comply with the law and code of professional ethics of bailiff.
- Be responsible to the solicitors and the law for the performance of bailiff’s duty.
- Do not work at 2 or more bailiff offices simultaneously.
- Participate in annual bailiff refresher training according to regulations of Minister of Justice.
- Don bailiff uniform regulated by Minister of Justice and carry bailiff card when performing duty.
- Participate in social - professional organizations of bailiff (if any); stay under management of competent authorities, superior bailiff offices, and social - professional organizations of bailiffs.
- Execute other rights and obligations as per this Decree and relevant law provisions.
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