Can Auctioneers Serve as Bailiffs?
Can an Auctioneer also act as a Judicial Officer? How many years of service are required to qualify for appointment as a Judicial Officer?
Currently, my younger brother is studying to become an auctioneer to practice asset auctioning. Knowing that he also has an interest in becoming a Judicial Officer, and having an acquaintance who works as a Judicial Officer, I am considering introducing my brother to work as a Judicial Officer on a case-by-case basis while simultaneously practicing asset auctioning. Could you please advise whether my brother can work as both an auctioneer and a Judicial Officer? Thank you!Can Auctioneers Become Bailiffs?
Based on Article 4 of Decree 08/2020/ND-CP, which stipulates the tasks that Bailiffs are prohibited from performing, as follows:
Disclosing information about the execution of their work, except where otherwise prescribed by law; using information about the activities of Bailiffs to infringe upon the legal rights and interests of individuals, agencies, or organizations.
Demanding additional material benefits beyond the costs recorded in the contract.
3. Concurrently pursuing careers as a notary, lawyer, appraiser, auctioneer, assets manager, or assets liquidator.
While performing their duties, Bailiffs are prohibited from handling matters related to their own rights, interests, and those of their relatives, including: spouse, biological children, adopted children; biological parents, adoptive parents, paternal grandparents, maternal grandparents, uncles, aunts, nephews, and nieces, and siblings of the Bailiff or their spouse.
Other prohibited acts as prescribed by law.
Therefore, if your friend is an auctioneer engaged in asset auctioning, they will not be qualified to be a Bailiff. Thus, your friend cannot simultaneously work as an auctioneer and perform Bailiff duties on a case-by-case basis.
How Many Years of Work are Required to be Appointed as a Bailiff?
According to Article 6 of Decree 08/2020/ND-CP, which outlines the standards for the appointment of Bailiffs:
Must be a Vietnamese citizen, not older than 65 years old, reside permanently in Vietnam, comply with the Constitution and the law, and possess good moral character.
Must have a university or postgraduate degree in law.
3. Must have at least 03 years of legal work experience at agencies or organizations after obtaining a university or postgraduate degree in law.
Must have graduated from a training course, been recognized as having equivalent training, or completed a professional training course for Bailiffs as stipulated in Article 7 of this Decree.
Must meet the requirements of the probationary results for practicing Bailiff.
Thus, it requires at least 03 years of legal work experience at agencies or organizations after obtaining a university or postgraduate degree in law and meeting the above conditions to be eligible to become a Bailiff.
Respectfully!
