Vietnam: Can a certificate made by the bailiff be used in a notarized document, an attestation document?
- Can a certificate made by the bailiff be used in place of a notarized document, an attestation document in Vietnam?
- How is the content of the agreement regulated in Vietnam?
- What cases are not documented in Vietnam?
- Where there are multiple pages, does the bailiff have to sign all the pages in Vietnam?
Can a certificate made by the bailiff be used in place of a notarized document, an attestation document in Vietnam?
Pursuant to Article 36 of Decree 08/2020/ND-CP stipulating as follows:
Article 36. 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.
According to the above provisions, evidence is a source of evidence for the Court to consider when settling civil and administrative cases, and is the basis for conducting transactions between agencies, organizations and individuals.
The bailiff is used as a substitute for notarized documents, attestation documents.
Vietnam: Can a certificate made by the bailiff be used in a notarized document, an attestation document?
How is the content of the agreement regulated in Vietnam?
Pursuant to Article 38 of Decree 08/2020/ND-CP stipulating as follows:
Article 38. Agreement on production of bailiff’s report
1. An individual requesting a bailiff's report to be produced must enter into a written agreement with the director of bailiff office which covers:
a) Details of bailiff’s report;
b) Location and time of producing bailiff’s report;
c) Cost for producing bailiff’s report;
d) Other agreements (if any).
2. The agreement on producing bailiff’s report must be made into 2 copies each of which will be held by a party.
Accordingly, the person requesting the establishment of the license shall agree with the head of the bailiff's office the following contents when making the license:
- Micro-content needs to be created;
- Location and time of establishment;
- Cost of programming;
- Other agreements (if any).
What cases are not documented in Vietnam?
Pursuant to Article 37 of Decree 08/2020/ND-CP stipulating cases that are not established as follows:
- Cases mentioned under Clause 4 Article 4 hereof.
- Violation of regulations on national security and defense, including: Violating national security and defense targets; disclosing classified information, spreading news, materials, items considered classified items; violating regulations on entering, exiting, or moving in restricted areas, protected areas, safety perimeters of national defense and security structures, and military zones; violating regulations on protecting classified information, national defense and security structures and military zones.
- Violation of private lives, personal secrets, family secrets according to Article 38 of the Civil Code; contradiction to social morals.
- Verification of details, signing in contracts or transactions which belong to notary or certification field as regulated by the law; verification of adequacy, legitimacy, adherence to social morals of documents translated from Vietnamese to foreign languages and vice versa; verification of signatures, certification of copies from original copies.
- Acknowledgement of events, affairs in order to transfer use right, ownership of land and/or assets that lack certificate of use right, ownership as per the law.
- Acknowledgement of events, affairs in order to conduct illegal transactions of solicitors.
- Acknowledgement of events, affairs of officials, public officials, commissioned officers, non-commissioned officers, employees, public employees in agencies, entities affiliated to the People’s Army, commissioned officers, non-commissioned officers in agencies, entities affiliated to the People’s Public Security in the performance of their duty.
- Acknowledgement of events, affairs without witnessing said events, affairs personally.
- Other cases according to regulations and law.
Where there are multiple pages, does the bailiff have to sign all the pages in Vietnam?
Pursuant to Article 39 of Decree 08/2020/ND-CP stipulating as follows:
Article 39. 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.
Thus, for micro-licenses with many pages, the bailiff is required to sign each page and stamp the bailiff's office, and then record it in the bailiff a book made.
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