What is the purpose for drawing up a bailiff’s report in Vietnam? What are judgments related to drawing up a bailiff’s report in Vietnam?

1. What is the purpose for drawing up a bailiff’s report in Vietnam?

According to Clause 2, Article 3 of Decree 08/2020/ND-CP of the Government of Vietnam explaining the term "bailiff’s report" as follows:

"Bailiff’s report is a document recording real events or acts directly witnessed by a bailiff established upon the request of individuals, agencies, or organizations in accordance with Decree 08/2020/ND-CP."

Additionally, Article 36 of Decree 08/2020/ND-CP stipulates the authority, scope of creating bailiff’s report, and the legal value of bailiff’s report:

- The bailiff is authorized to create bailiff’s report documenting real events or actions upon the request of agencies, organizations, and individuals nationwide, except for cases specified in Article 37 of Decree 08/2020/ND-CP.

- Bailiff’s report does not replace notarized documents, certified documents, or other administrative documents.

- Bailiff’s report serves as evidence for the Court to consider when resolving civil and administrative cases according to the law; it is the basis for transactions between agencies, organizations, and individuals under the law.

- In the process of evaluating the evidentiary value of bailiff’s report, if deemed necessary, the People's Court or the People's Procuracy can summon the bailiff, agencies, organizations, or individuals to clarify the authenticity of the bailiff’s report. The bailiffs, agencies, organizations, and individuals must be present when summoned by the Court or the Procuracy.

Thus, from the above regulations, the main purpose of creating bailiff’s report is to record real events or actions upon the request of agencies, organizations, and individuals nationwide (except for other cases as prescribed by law); to create a source of evidence for the Court to consider in civil and administrative cases, and also to serve as a basis for transactions between parties...

2. What are judgments related to drawing up a bailiff’s report in Vietnam?

Below are some court rulings related to the creation of bailiff’s report resolved by Courts in Vietnam:

Court Ruling 67/2018/DS-PT dated April 13, 2018 regarding the request to cancel the bailiff’s report of the bailiff Office

- Adjudicating Body: People's Court of Dong Nai Province.

- Excerpted Content: “It is found that bailiff’s report No. 719/VB-TPLBH created on November 30, 2015 is not truthful. Moreover, the bailiff’s report recorded that the couple and Mr. T pooled money to jointly purchase parcel 84, map sheet No. 5 of Ward Q, City B, which is incorrect because Mr. Hong Q is the owner of parcel 84, map sheet No. 5, not the couple. Therefore, the couple requests the Court to cancel bailiff’s report No. 719/VB-TPLBH created on November 30, 2015, at the bailiff Office B.”

Court Ruling 1071/2018/DS-PT dated November 20, 2018 regarding the dispute over a house purchase contract

- Adjudicating Body: People's Court of Ho Chi Minh City.

- Excerpted Content: “Based on the content of the bailiff’s report created on October 2, 2013, it shows that the bailiff’s report only confirms the fact that Mr. N and Mrs. P signed a deposit contract on August 25, 2013, and Mr. N received VND 2,300,000,000 (two billion three hundred million) from Mrs. P. At the appellate hearing, both Mr. N and Mrs. P confirmed that the bailiff’s report is not a house purchase contract but merely confirms the event that the parties signed the contract on August 25, 2013, and the monetary transaction. Therefore, the bailiff’s report is evidence proving that there was a house transaction on August 25, 2013, and the amount exchanged, not a house purchase contract. Therefore, the original judgment on canceling the bailiff’s report needs to be amended.”

Court Ruling 234/2018/DS-PT dated August 24, 2018 regarding the dispute over reclaiming property (house)

- Adjudicating Body: High People's Court in Ho Chi Minh City.

- Excerpted Content: “Ms. L filed a lawsuit requesting Ms. C to return to her 02 houses at 93A and 93B Street S, Ward B2, District 1, Ho Chi Minh City, and requested the cancellation of the bailiff’s report created by the bailiff Office of District 8 on September 27, 2010. Ms. L did not agree to give Ms. C the house at 93B Street S, Ward B2, District 1, Ho Chi Minh City because Ms. C did not fulfill her commitment to return the house at 93A Street S, Ward B2, District 1, Ho Chi Minh City to Ms. L as agreed in the bailiff’s report. On June 09, 2016, Ms. L made a statement declaring the cancellation of her opinions in the bailiff’s report created on September 27, 2010.”

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