Establishing a Bailiff Office in the Form of a Joint Stock Company - Is it Permissible? Can Public Officials be Appointed as Bailiffs?

Can a Bailiff Office be Established as a Joint Stock Company?

May I ask, under the current regulations, can a Bailiff Office be established as a joint stock company?

Response:

Based on Clause 1, Article 17 of Decree 08/2020/ND-CP which regulates the Bailiff Office as follows:

1. The Bailiff Office is a professional organization of the bailiffs to perform the assigned tasks according to the provisions of this Decree and relevant laws.

A Bailiff Office established by one bailiff is organized in the form of a private enterprise. A Bailiff Office established by two or more bailiffs is organized as a partnership.

Thus, the above regulation clearly states that a Bailiff Office can be established in two forms: a private enterprise or a partnership, depending on the number of bailiffs establishing it. Therefore, there is no regulation allowing it to be established as a joint stock company.

Can Public Employees be Appointed as Bailiffs?

According to the legal regulations on the activities of bailiffs, may I ask: Can someone who is currently a public employee be appointed as a bailiff?

Response:

Based on Clause 3, Article 11 of Decree 08/2020/ND-CP which regulates the cases in which individuals cannot be appointed as bailiffs:

- Persons who have lost or have restricted civil act capacity; have difficulty in perception or control of behavior as prescribed by the Civil Code.

- Persons who have been appointed as notaries, granted practice certificates as lawyers, auctioneers, trustees, granted price appraisal cards but have not yet been dismissed as notaries, revoked practice certificates as lawyers, auctioneers, trustees, price appraisal cards.

- Persons who are officials and public employees, officers, professional soldiers, workers, public employees in defense agencies and units under the Vietnam People's Army, officers, non-commissioned officers, soldiers in agencies and units under the Vietnam People’s Public Security.

- ...

Thus, according to the above regulation, individuals who are currently public employees will not be appointed as bailiffs.

Which Authority has the Power to Temporarily Suspend the Practice of Bailiffs?

Under the current legal regulations, which authority has the power to temporarily suspend the practice of bailiffs?

Response:

Based on Clause 1, Article 12 of Decree 08/2020/ND-CP which regulates the temporary suspension of bailiff practice as follows:

1. The Department of Justice where the bailiff practices shall issue a decision to temporarily suspend the practice of the bailiff in the following cases:

a) The bailiff is being prosecuted for criminal liability;

b) The bailiff is being subject to administrative sanctions or administrative handling measures.

Thus, the authority with the power to issue a decision to temporarily suspend the practice of a bailiff is the Department of Justice where the bailiff practices.

Sincerely!