Does a notary officer who changes to practice as a bailiff need to attend bailiff training in Vietnam?

Does a notary officer who changes to practice as a bailiff need to attend bailiff training in Vietnam?

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

1. A person satisfying conditions under Clauses 1 and 2 Article 6 hereof are allowed to participate in bailiff training courses at Judicial Academy affiliated to the Ministry of Justice. Application for participation in bailiff training course consists of: Written registration for participation in bailiff training course regulated by the Minister of Justice; certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees in law.

He/she shall obtain certificate of bailiff training course completion upon completing the training course.

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.

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.

4. Documents under Clauses 1 and 3 of this Article shall be submitted in person or via post service to the Judicial Academy. The Judicial Academy shall receive the applications and publicize lists of applicants eligible for training course and refresher training course at least 30 days before opening day of the course; provide written response and state reason in case of refusal.

5. Bailiff training shall last 6 months; refresher bailiff training shall last 3 months.

6. Persons who require recognition of equivalent bailiff training in foreign countries shall apply in person or via post service to Ministry of Justice. Application consists of: Request for recognition of equivalent bailiff training using form regulated by the Ministry of Justice; notarized or certified true copies of bailiff training degrees issued by foreign training facilities.

Within 30 days from the date on which adequate applications have been received, Ministry of Justice shall issue decision recognizing equivalency for persons receiving bailiff training in foreign countries; provide written response and state reason in case of refusal.

7. Minister of Justice shall elaborate contents, training program, refresher training program, and recognition of equivalent bailiff training in foreign countries.

According to the above regulations in Vietnam and with the information you provide, when you have been practicing as a notary officer for 5 years or more, you will be exempted from bailiff training when you switch to work in this field.

What are cases of suspension of bailiff in Vietnam?

Pursuant to Article 12 of Decree 08/2020/ND-CP stipulating suspension of bailiff, as follows:

1. Department of Justice where a bailiff is operating shall issue decision on suspension of the bailiff when:

a) The bailiff is under criminal prosecution; or

b) The bailiff is under administrative penalties.

2. Suspension shall last no longer than 12 months.

3. The Department of Justice shall issue decision on premature cancellation of decision on bailiff suspension when:

a) A decision on suspension of investigation, a decision dropping the lawsuit, or an effective judgment of the court ruling the bailiff not guilty is issued; or

b) The bailiff is no longer under administrative penalties.

4. Decision on suspension and decision on cancellation of decision on suspension of bailiff shall be sent to the bailiff, bailiff office where the bailiff is working at, People’s Court of province or city (hereinafter referred to as “provincial People’s Court”), People’s Procuracy of province or city (hereinafter referred to as “provincial People’s Procuracy”), Department of Civil Judgment Enforcement, and Sub-department of Civil judgment Enforcement where the bailiff is based at and Ministry of Justice.

Thus, when individuals practicing bailiffs fall into one of the above cases in Vietnam, the Department of Justice where the bailiffs practice shall issue a decision to temporarily suspend of bailiffs.

Best Regards!