Regulations on the Bailiff office in Vietnam
There are new regulations on the activities of Bailiffs. What are regulations on the Bailiff office in Vietnam? Thank you!
Regulations on the Bailiff office in Vietnam (Image from the Internet)
Pursuant to Article 17 of Decree 08/2020/ND-CP (Effective February 24, 2020) stipulating the Bailiff office:
- Bailiff offices are practicing organizations of bailiffs in which bailiffs conduct assigned tasks as per this Decree and relevant law provisions.
A bailiff office established by a bailiff shall be organized as a sole proprietorship. A bailiff office established by at least 2 bailiffs shall be organized as a partnership company.
- Name of bailiff offices must include the phrase “Văn phòng Thừa phát lại” (Bailiff office) followed by a formal name. Selection of formal name and installation of signboards must conform to regulations and law without sharing or mixing up with other bailiff office in Vietnam and without violating history, culture, ethics, and traditions.
- legal representatives of bailiff offices are directors of bailiff offices. Directors of bailiff offices must also be bailiff offices.
Bailiff offices may include partner bailiffs, bailiffs under employment contracts, and professional secretaries.
Professional secretaries shall assist bailiffs in legal affairs. Professional secretaries must satisfy eligibility under Clause 1 Article 6 hereof, have intermediate law degree or higher, and not fall under any of the cases under Article 11 hereof.
- Bailiff offices shall have their own head offices, seals, and accounts and operate on a financial autonomy basis.
Seals of bailiff offices must not bear the national emblem. Bailiff offices can forge and use seals after obtaining license to operate. Application for seal registration, management, and use of bailiff offices shall conform to regulations and law on seals.
Finance of bailiff offices shall conform to financial regulations applicable to respective form of enterprises as per the law.
- Bailiff offices are not allowed to open branches, representatives, facilities, trade locations outside their head offices; conduct manufacturing, trading, service activities beyond the scope of bailiffs as per this Decree.
Above is the consulting content.
Best regards!
