Can persons who previously worked as lawyers for 2 years be exempted from bailiff training in Vietnam?

Can persons who previously worked as lawyers for 2 years be exempted from bailiff training in Vietnam?

In Clause 2, Article 7 of Decree 08/2020/ND-CP stipulating bailiff training, refresher training, and equivalent recognition of bailiff training in foreign countries as follows:

2. A person who previously worked as a judge, a procurator, an enforcement officer, an investigator for at least 5; a lawyer, a notary officer for at least 5 years; a professor, an associate professor in law; a primary assessor, a professional assessor in court, a primary examiner or a professional examiner in procuracy; a professional inspector, a professional expert, a professional researcher, or a professional lecturer in law; a primary assessor or professional assessor in civil judgment enforcement shall be exempt from bailiff training.

Thus, according to the above provisions in Vietnam, a lawyer who has practiced for at least 5 years may be exempted from bailiff training. Your intention is to practice law for 2 years and then to practice as a bailiff, you are not exempt from training but you still have to attend a training course like others.

What is duration of bailiff apprenticeship for persons exempt from bailiff training course in Vietnam?

Pursuant to Clause 3, Article 7 of Decree 08/2020/ND-CP stipulating bailiff training, refresher training, and equivalent recognition of bailiff training in foreign countries as follows:

3. Persons exempt from bailiff training course under Clause 2 of this Article must participate in bailiff refresher training course at the Judicial Academy. Application for participation in bailiff refresher training course consists of: Written registration for participation in bailiff refresher training course using form regulated by Ministry of Justice; certified true copies or copies accompanied by original copies of documents proving eligibility for exemption from bailiff training course.

A person completing the refresher training course shall obtain the certificate of refresher bailiff training course.

According to Clause 5, Article 8 of Decree 08/2020/ND-CP stipulating the bailiff apprenticeship as follows:

5. Apprenticeship shall last 6 months for persons receiving bailiff training and 3 months for persons receiving refresher bailiff training from the date on which Departments of Justice issue notice on apprenticeship registration.

Therefore, those who are exempted from the bailiff training will have to attend the bailiff refresher training course at the Judicial Academy. According to this Article, a persons receiving refresher bailiff training who is also considered a persons exempt from bailiff training course will have 3 months to practice in Vietnam. 

In your case, you are not eligible for a training exemption, so you must study a bailiff refresher training course. Therefore, your apprenticeship period is 6 months.

In which cases are ineligible for bailiff assignment in Vietnam?

Article 11 of Decree 08/2020/ND-CP stipulates persons ineligible for bailiff assignment as follows:

1. Persons with limited legal capacity or incapacitated; having difficult in cognition and/or behavior control as per the Civil Code.

2. Persons who are working as notary officials, holding license to practice law, conducting auction, official receiver, or valuation official.

3. Persons who are working as officials, public officials, public employees, commissioned officers, non-commissioned officers, workers, public employees in national defense sector in entities affiliated to People’s Army, commissioned officers, non-commissioned officers, officers in entities affiliated to the People’s Public Security.

4. Persons under criminal prosecution; persons convicted for intentional offense or less serious intentional offense without receiving expungement; persons convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, including cases where offenders have their previous convictions expunged.

5. Persons under Clause 3 of this Article who are removed or met with disciplinary actions in form of removal from office, mandated resignation, stripping of title or removal from sector.

6. Persons facing disciplinary actions in form of removal from lawyer list of the Bar Associations due to violations of the law or violation of Code of Professional Ethics of the lawyers; persons who face administrative penalties in form of suspension of license to practice law and have not spent 3 years from the date on which they fulfill decisions imposing such administrative penalties.

7. Persons who face administrative penalties in form of suspension of notary official cards, valuation official cards, auction license, asset management license and have not spent 3 years from the date on which they fulfill the decisions imposing such administrative penalties.

8. Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.

The above are cases in which a bailiff is not appointed as prescribed by law in Vietnam.

Best Regards!