Vietnam: Can an individual set up a bailiff's office? What rights and obligations does the bailiff's office have?
Can an individual set up a bailiff's office in Vietnam?
Pursuant to Article 17 of Decree 08/2020/ND-CP stipulating as follows:
Article 17. Bailiff office
1. Bailiff offices are practicing organizations of bailiffs in which bailiffs conduct assigned tasks as per this Decree and relevant law provisions.
A bailiff office established by a bailiff shall be organized as a sole proprietorship. A bailiff office established by at least 2 bailiffs shall be organized as a partnership company.
2. Name of bailiff offices must include the phrase “Văn phòng Thừa phát lại” (Bailiff office) followed by a formal name. Selection of formal name and installation of signboards must conform to regulations and law without sharing or mixing up with other bailiff office in Vietnam and without violating history, culture, ethics, and traditions.
3. legal representatives of bailiff offices are directors of bailiff offices. Directors of bailiff offices must also be bailiff offices.
Bailiff offices may include partner bailiffs, bailiffs under employment contracts, and professional secretaries.
Professional secretaries shall assist bailiffs in legal affairs. Professional secretaries must satisfy eligibility under Clause 1 Article 6 hereof, have intermediate law degree or higher, and not fall under any of the cases under Article 11 hereof.
4. Bailiff offices shall have their own head offices, seals, and accounts and operate on a financial autonomy basis.
Seals of bailiff offices must not bear the national emblem. Bailiff offices can forge and use seals after obtaining license to operate. Application for seal registration, management, and use of bailiff offices shall conform to regulations and law on seals.
Finance of bailiff offices shall conform to financial regulations applicable to respective form of enterprises as per the law.
5. Bailiff offices are not allowed to open branches, representatives, facilities, trade locations outside their head offices; conduct manufacturing, trading, service activities beyond the scope of bailiffs as per this Decree.
According to the above provisions, the bailiff's office is organized under 02 types as follows:
- Private enterprise in case only 01 bailiff registers to establish a bailiff's office
- A partnership in case there are 02 or more bailiffs registered to establish a bailiff's office.
Accordingly, an individual can still apply for the establishment of a bailiff's office.
What rights and obligations does the bailiff's office have in Vietnam?
Pursuant to Article 18 of Decree 08/2020/ND-CP stipulating the rights and obligations of the bailiff's office as follows:
- Bailiff offices have the rights to:
+ Enter into contracts with bailiffs and professional secretaries working for the offices;
+ Collect, manage, and use expenses for conducting bailiff tasks as per the law;
+ Enter into contracts, agreements with solicitors as per this Decree;
+ Exercise other rights as per this Decree and relevant law provisions.
- Bailiff offices have the obligations to:
+ Manage bailiffs and professional secretaries in terms of compliance with the law and code of professional ethics of bailiffs;
+ Adhere to regulations and law on employment, tax, finance, report, and statistical data;
+ Publicize working hours, procedures, expenditure on bailiff work, and rules of reception at bailiff office;
+ Collect fees agreed upon with solicitors;
+ Purchase professional liability insurance for affiliated bailiffs; pay damages (if any) as per the law;
+ Admit, facilitate, and manage apprentices during apprenticeship period;
+ Enable affiliated bailiffs to participate in training and refresher training;
+ Comply with request of competent authorities regarding report, inspection, examination, and provision of information on service contracts and professional dossiers of bailiffs;
+ Produce, manage, use, and store documents, professional dossiers as per the law;
+ Provide uniform regulated by Ministry of Justice to affiliated bailiffs;
+ Carry out other obligations according to this Decree and relevant law provisions.
Vietnam: Can an individual set up a bailiff's office? What rights and obligations does the bailiff's office have?
Does the bailiff's office have to report its operations to a state agency in Vietnam?
Pursuant to Article 20 of Decree 08/2020/ND-CP stipulating as follows:
Article 20. Communication and report
1. Bailiff offices are responsible for submitting 6-monthly and annual reports on their organization and operation to Departments of Justice where the bailiff offices are based.
On an annual basis, Departments of Justice are responsible for submitting reports on bailiff organization and operation in their provinces and cities to People’s Committees of provinces and cities (hereinafter referred to as “provincial People’s Committees”).
Bailiff offices shall produce irregular reports at request of Departments of Justice and Ministry of Justice; Departments of Justice shall produce irregular reports at request of provincial People’s Committees and Ministry of Justice.
2. Bailiff offices shall produce reports in order to serve inspection, examination, and supervision regarding operation, financial management, and tax as per the law.
3. Minister of Justice shall elaborate documents, forms, and report regulations regarding organization and operation of bailiff.
Thus, the bailiff's office must report every 6 months and 01 time and report annually to the Department of Justice on the operation of the office.
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