Can a Bailiff Enforce a Judgment Involving Relatives?
May a Commissioner for Oaths Enforce a Judgment Involving Their Relatives?
Pursuant to Article 4 of Decree 08/2020/ND-CP, the following rules stipulate actions that a Commissioner for Oaths is prohibited from undertaking:
Disclosing information related to their duties, except as otherwise provided by law; using such information to infringe upon the lawful rights and interests of individuals, agencies, or organizations.
Demanding any additional material benefits outside the costs documented in the contract.
Concurrently practicing as a notary, lawyer, appraiser, asset auctioneer, or asset manager and liquidator.
While performing their duties, a Commissioner for Oaths may not undertake matters related to their own rights and interests or those of their relatives, including: spouse, biological children, adopted children, biological parents, adoptive parents, paternal grandparents, maternal grandparents, uncles, aunts, and siblings of the Commissioner for Oaths, or of their spouse; or nieces and nephews of whom the Commissioner for Oaths is the uncle or aunt.
Other prohibited activities as prescribed by law.
Thus, according to the above regulations, you are not allowed to undertake matters related to your own rights and interests or those of your relatives, specifically your uncle. Therefore, you may not participate in the enforcement of this judgment.
Penalties for a Commissioner for Oaths Enforcing a Judgment Involving Relatives
According to Clause 4, Article 65 of Decree 82/2020/ND-CP, a fine ranging from VND 10,000,000 to VND 15,000,000 is imposed for the following actions:
- A fine ranging from VND 10,000,000 to VND 15,000,000 for engaging in any of the following:
a) Disbursing enforcement money in the incorrect order, or distributing money improperly;
b) Making cash payments improperly when the judgment creditor is an enterprise, agency, organization, or individual with a bank account;
c) Collecting enforcement money but improperly depositing it into a fund;
d) Disbursing enforcement money to improper subjects or failing to comply with the statutory deadlines;
e) Verifying enforcement conditions or organizing enforcement actions that pertain to the rights and interests of the Commissioner for Oaths themselves or their relatives, including: spouse, biological children, adopted children, biological parents, adoptive parents, paternal grandparents, maternal grandparents, uncles, aunts, and siblings of the Commissioner for Oaths, or of their spouse; or nieces and nephews of whom the Commissioner for Oaths is the uncle or aunt.
If you participate in enforcing a judgment in which your relative has an interest, you may face a fine ranging from VND 10,000,000 to VND 15,000,000. Additionally, you may be stripped of your Commissioner for Oaths card for 6 to 9 months.
Sincerely,
