09/11/2022 08:23

10 Prohibited acts of the bailiff with the solicitors in Vietnam

10 Prohibited acts of the bailiff with the solicitors in Vietnam

I know that the Ministry of Justice has just issued a Circular stipulating the prohibited acts of the bailiff with the solicitors in Vietnam. Thus, what are the details regarding this matter? “An Nhien-Binh Dinh”

Hello, Lawnet would like to answer your questions as follows:

On November 1, 2022, the Ministry of Justice of Vietnam issued Circular 08/2022/TT-BTP promulgating the Code of Conduct for bailiffs.

According to the Circular stipulates the things that bailiffs in Vietnam cannot do in relation to the solicitors in Vietnam as follows:

- Harassing, causing difficulties and troubles for requesters

Receiving or demanding any additional money or benefits from the requester in addition to the costs already recognized in the contract

Receiving money or any other benefit from a third person to fulfill or not fulfill a request

- Accepting the request in case the purpose and content of the request violate the law, are contrary to social ethics, and are not in accordance with the duties and powers of the bailiff.

- Preparing legal documents, verifying conditions for civil judgment enforcement, and organizing the enforcement of court judgments and decisions related to their own rights and interests with the petitioner and his/her relatives, including:

Wife, husband, biological children, adopted children; natural father, biological mother, adoptive father, adoptive mother, grandfather, grandmother, maternal grandfather, grandmother, uncle, uncle, aunt, uncle, and brother, sister and brother of a husband or wife of the bailiff; the grandchild that they are a grandfather, grandmother, uncle, uncle, aunt, uncle, aunt.

- Consulting, instigating, colluding, and creating conditions for the requestor to perform illegal acts, infringing upon the legitimate rights and interests of other organizations and individuals.

- Pressuring, coercing, deceiving, threatening, discounting, or making promises to entice the requester to use the service

- Colluding with the requester or related people to falsify the contents of the diploma, the work record performed, or other fraudulent acts.

- Intentionally executing against the contents of the judgment or decision; delaying or extending the time for settlement of the assigned judgment enforcement has no legal basis.

- Other prohibited acts as prescribed by law

The law provides for cases in which a bailiff may not act against the petitioner. These actions not only affect the petitioner but also the reputation and profession of the bailiff. Therefore, violators will be strictly handled according to the provisions of the law.

In addition, the Circular clearly states that a bailiff who is exemplary in implementing the Code of Professional Ethics will be recognized and honored by the state and society.

On the contrary, the bailiff does not follow the rules of professional ethics. Depending on the nature and severity of the violation, they will be reminded, criticized, reprimanded, and disciplined according to the rules and regulations of the bailiff's office, the charter of the bailiff's socio-professional organization (if any), and be administratively sanctioned. In the case of serious violations, they shall be dismissed or examined for penal liability in accordance with law.

Circular 08/2022/TT-BTP takes effect on December 22, 2022.

Best regards!


Nhu Y

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