Can a bailiff practice at more than one bailiff office in Vietnam?

Can a bailiff practice at more than one bailiff office in Vietnam?

Pursuant to Article 16 of Decree 08/2020/ND-CP stipulating rights and obligations of bailiffs, specifically as follows:

1. Stay honest and objective while performing duty.

2. Strictly comply with the law and code of professional ethics of bailiff.

3. Be responsible to the solicitors and the law for the performance of bailiff’s duty.

4. Do not work at 2 or more bailiff offices simultaneously.

5. Participate in annual bailiff refresher training according to regulations of Minister of Justice.

6. Don bailiff uniform regulated by Minister of Justice and carry bailiff card when performing duty.

7. Participate in social - professional organizations of bailiff (if any); stay under management of competent authorities, superior bailiff offices, and social - professional organizations of bailiffs.

8. Execute other rights and obligations as per this Decree and relevant law provisions.

According to this Article, a bailiff will not be able to practice at many bailiff offices at the same time even in different provinces. Therefore, it is illegal for your friend to practice at many bailiff offices and will be administratively sanctioned in Vietnam.

What is level of sanction for a bailiff who concurrently practices at multiple bailiff offices in Vietnam?

According to Clause 3, Clause 8, Article 32 of Decree 82/2020/ND-CP stipulating the sanctioning of violations against regulations on bailiff practice, specifically as follows:

3. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Failing to fulfill the obligation to participate in annual bailiff professional training without a plausible reason;

b) Practicing in a bailiff office other than the bailiff office where he/she has registered to practice;

c) Practicing as a bailiff while concurrently practicing notarial practice, lawyer, valuation, asset auction, and asset management and liquidation;

d) Disclose information about their job performance, unless otherwise provided for by law;

dd) Claim any money or material benefits other than the cost agreed in the service contract;

e) Serving papers, dossiers and documents at the request of courts, procuracies or civil judgment enforcement agencies in contravention of regulations;

g) Serving papers, dossiers and documents related to mutual legal assistance in civil domains by foreign competent agencies in contravention of regulations;

h) Complying with the wrong content and form as prescribed;

i) Failing to sign each page of vi as prescribed.

8. Additional sanction:

a) Deprive the right to use the bailiff card from 01 to 03 months, for the violations specified at Point dd, Clause 3 of this Article;

b) Deprive the right to use the bailiff card from 06 months to 09 months, for violations specified at Point b, Clause 3, Clause 4 and Point b, Clause 5 of this Article;

c) Deprive the right to use the bailiff card for between 09 and 12 months, for the violations specified at Point c, Clause 3 of this Article;

d) Confiscate material evidences being bail cards which have been erased or modified to falsify contents, for violations specified at Point a, Clause 2 of this Article.

In Clause 4, Clause 5, Article 4 of Decree 82/2020/ND-CP, the fine levels are as follows:

4. The fine levels specified in Chapters II, III, IV, V, VI and VII of this Decree shall be applied to administrative violations committed by individuals, except for the articles specified in Clause 5 of this Article. In case the organization commits administrative violations like that of an individual, the fine level is equal to 2 times the fine level imposed on an individual.

5. The fine level specified in Articles 7, 8, 9, 16, 17, 24, 26, 29, 33, 39, 50, 53, 63, 71, 72, 73, 74 and 80 of this Decree is the level fines for administrative violations of the organization.

Thus, a bailiff practicing at many bailiff offices will be fined from VND 7,000,000 to VND 10,000,000. At the same time, this person is subject to the additional sanction of deprivation of the right to use the redundancy card from 6 to 9 months in Vietnam.

What are penalties for bailiff who makes dishonest statements in the practice registration dossier in Vietnam?

In Clause 2, Clause 5, Article 31 of Decree No. 82/2020/ND-CP stipulating acts of violation on dossiers of request for appointment, re-appointment, dismissal, registration of bailiff practice; application file for establishment, transformation, consolidation, merger, transfer, operation registration, change of contents of registration of operation of bailiff office are as follows:

2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Untruthful declaration, concealment of information of individuals or organizations in the application file for appointment, re-appointment, dismissal, registration of bailiff practice, application for establishment, transformation or consolidation , merger, transfer, operation registration, change of registration contents for operation of the bailiff's office;

b) Using the written certification against the contents specified in Clause 3 of this Article.

5. Remedial measures:

a) Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clauses 1 and 2 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;

b) Forcible return of illegal profits obtained from committing violations specified in Clauses 1, 2 and 3 of this Article.

In Clause 4, Clause 5, Article 4 of Decree 82/2020/ND-CP, the fine levels are as follows:

4. The fine levels specified in Chapters II, III, IV, V, VI and VII of this Decree shall be applied to administrative violations committed by individuals, except for the articles specified in Clause 5 of this Article. In case the organization commits administrative violations like that of an individual, the fine level is equal to 2 times the fine level imposed on an individual.

5. The fine level specified in Articles 7, 8, 9, 16, 17, 24, 26, 29, 33, 39, 50, 53, 63, 71, 72, 73, 74 and 80 of this Decree is the level fines for administrative violations of the organization.

A bailiff who makes untruthful declarations in the practice registration dossier The bailiff will be fined from VND 7,000,000 to VND 10,000,000. At the same time, he/she is recommended to a competent agency, organization or person to consider and handle the issued papers and documents due to violations, forcibly return the illegal profits obtained from the implementation of the law in Vietnam. 

Best Regards!