Can bailiff’s reports be considered as evidence to settle civil cases in Vietnam? What are the procedures for producing bailiff’s report in Vietnam?
What are the procedures for producing bailiff’s report in Vietnam?
Pursuant to Article 39 of Decree No. 08/2020/ND-CP stipulating as follows:
Procedures for producing bailiff’s report
1. A bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful. If necessary, a bailiff has the right to invite a witness to attest to the production of bailiff’s report.
The solicitor must adequately provide information and documents relating to the production of bailiff’s report (if any) and be responsible for accuracy and legitimacy of provided information and documents.
When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff’s report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.
2. Bailiff’s report must be signed by the bailiff separately in each page, bear bailiff office’s seal, and recorded in bailiff’s report log produced using form regulated by Minister of Justice.
3. Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents.
4. Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.
Departments of Justice shall develop database on bailiff’s report; register and manage database on bailiff’s report according to guidance of Ministry of Justice.
According to the above regulations, a bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful.
When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff’s report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.
Bailiff’s report must be sent to solicitor and stored at bailiff office.
Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.
Can bailiff’s reports be considered as evidence to settle civil cases in Vietnam? What are the procedures for producing bailiff’s report in Vietnam?
What are the details of bailiff’s report in Vietnam?
Pursuant to Article 40 of Decree No. 08/2020/ND-CP stipulating as follows:
Format and basic details of bailiff’s report
1. Bailiff’s report shall be made in Vietnamese language and contain the following basic details:
a) Name and address of bailiff office; full name of bailiff who produces bailiff’s report;
b) Location and time of producing bailiff’s report;
c) Full name and address of individual soliciting bailiff’s report;
d) Full name of other participants (if any);
dd) Details of bailiff’s report solicitation; details of recorded events, affairs;
e) Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;
g) Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).
Bailiff’s reports that have 2 or more pages must be numbered individually and bear adjoining seals; number of original copies of each bailiff’s report shall be agreed upon by the parties.
2. Bailiff’s reports can be accompanied by documentary evidence; documentary evidence produced by bailiffs must conform to entitlement and scope mentioned under Clause 1 Article 36 hereof.
3. Minister of Justice shall elaborate bailiff’s report form.
Thus, bailiff’s report shall contain the following basic details:
- Name and address of bailiff office; full name of bailiff who produces bailiff’s report;
- Location and time of producing bailiff’s report;
- Full name and address of individual soliciting bailiff’s report;
- Full name of other participants (if any);
- Details of bailiff’s report solicitation; details of recorded events, affairs;
- Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;
- Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).
Note: the language used on bailiff’s report must be Vietnamese.
Can bailiff’s reports be considered as evidence to settle civil cases in Vietnam?
Pursuant to Article 36 of Decree No. 08/2020/ND-CP stipulating the entitlement to produce bailiff’s report, scope and legitimacy of bailiff’s report as follows:
Entitlement to produce bailiff’s report, scope and legitimacy of bailiff’s report
1. Bailiffs shall produce report to record actual state of affairs at request of agencies, organizations, and individuals in Vietnam, except for cases under Article 37 hereof.
2. Bailiff’s reports do not replace other notary documents, certifying documents, or other administrative documents.
3. Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law.
4. If evidential value of bailiff’s reports are reviewed and deemed necessary during assessment, People’s Court and/or People’s Procuracy can summon bailiffs, other agencies, organizations, and individuals to verify the bailiff’s reports. Summoned bailiffs, other agencies, organizations, and individuals must present at the summoning courts, People’s Procuracies.
At the same time, in Article 94 of the 2015 Civil Procedure Code of Vietnam stipulating sources of evidence as follows:
Sources of evidence
Evidences are gathered from the following sources:
1. Readable, audible or visible materials, electronic data;
2. Exhibits;
3. Involved parties’ testimonies;
4. Witnesses’ testimonies;
5. Expertising conclusions;
6. On-site appraisal minutes;
7. Property evaluation and price appraisal results;
8. Written records of legal facts or acts that are formulated by functional persons;
9. Notarized/authenticated documents;
10. Other sources prescribed by law.
Thus, the bailiff’s report is one of the sources of evidence for the Court to consider when settling civil cases and administrative cases as prescribed by law.
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