What are the tasks of bailiffs in Vietnam? What is the eligibility of bailiffs in Vietnam?
What is bailiff in Vietnam?
According to the provisions of Clause 1, Article 2 of Decree No. 08/2020/ND-CP, “bailiff” refers to a qualified individual assigned by the Government to serve, produce bailiff’s reports, verify conditions for enforcement of civil judgments, organize enforcement of civil judgments in accordance with this Decree and relevant law provisions;
The bailiff will perform the tasks specified in Article 3 of Decree No. 08/2020/ND-CP:
- Serving documents in accordance with this Decree and relevant law provisions.
- Producing bailiff’s reports at request of individuals, agencies, and organizations in accordance with this Decree.
- Verifying conditions for judgment enforcement at request of litigants and persons with relevant benefits, obligations in accordance with this Decree and relevant law provisions.
- Organizing implementation of judgments, decisions of the court at request of litigants in accordance with this Decree and relevant law provisions.
What are the tasks of bailiffs in Vietnam? What is the eligibility of bailiffs in Vietnam?
What is the eligibility of bailiffs in Vietnam?
According to the provisions of Article 6 of Decree No. 08/2020/ND-CP on the eligibility of bailiffs in Vietnam as follows:
Eligibility of bailiff
A person shall be assigned as a bailiff when he/she:
1. Is a Vietnamese national, not older than 65 years old, residing in Vietnam, properly adhering to the Constitutions and the laws, and possessing good moral virtues.
2. Has undergraduate or post-graduate degrees in law.
3. Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.
4. Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 hereof.
5. Qualifies in bailiff apprenticeship exam.
Thus, the bailiff must be a Vietnamese national, not older than 65 years old, residing in Vietnam and meet the conditions as prescribed above.
What code of ethics must a bailiff comply with?
According to the provisions of Circular No. 08/2022/TT-BTP, bailiffs must comply with 05 general code of ethics as follows:
Pursuant to Article 1 of the Code promulgated together with Circular No. 08/2022/TT-BTP stipulating the code for protecting the interests of the State, the legitimate rights and interests of individuals and organizations in the society of bailiffs as follows:
- The bailiff has the obligation to be loyal, to serve the Fatherland and the people; by their professional activities, contribute to ensuring the strictness and fairness of the law; protect the interests of the State, the lawful rights and interests of organizations and individuals.
Pursuant to Article 2 of the Code promulgated together with Circular No. 08/2022/TT-BTP stipulating the Code for ensuring the rule of law, independence, objectivity and respect for the truth of bailiffs as follows:
- The bailiff must respect the Constitution and the law and voluntarily comply with the provisions of this Code in his practice.
- The bailiff must perform the assigned work accurately, fully, responsibly and with an independent, objective, honest and respectful attitude.
Pursuant to Article 3 of the Code promulgated together with Circular No. 08/2022/TT-BTP stipulating the Code of respecting and protecting the reputation and professional reputation of bailiffs as follows:
The bailiff has the responsibility to respect and preserve the professional reputation.
- The bailiff must behave civilly and politely in practice; healthy lifestyle to earn the respect, trust and honor of colleagues, claimants and society about himself and his profession.
- A bailiff must wear the prescribed dress and wear a bailiff card when practicing.
Pursuant to Article 4 of the Code promulgated together with Circular No. 08/2022/TT-BTP stipulating the Code of personal training and cultivation of bailiffs are as follows:
- The bailiff must constantly practice and cultivate morality, actively participate in training and retraining classes; actively learn to hone professional qualifications, skills, and practice skills, contributing to improving work quality and serving requesters.
- The bailiff must be dedicated to his work; ready to receive and promptly and fully settle legal requests of individuals and organizations, ensuring compliance with law and social ethics.
Pursuant to Article 5 of the Code promulgated together with Circular No. 08/2022/TT-BTP stipulating the Code of information security and preservation of the bailiff's work records as follows:
- The bailiff is responsible for keeping the secret, instructing the professional secretary and staff of his office to keep confidential the information in the work file and all known information about the content of the job during and after processing the request. In case of providing information about job performance to another person, the written consent of the requester must be obtained, unless otherwise provided for by law.
- The bailiff is responsible for carefully preserving work records during the processing of requests, handing over all work records for archiving in accordance with the law.
LawNet
