What are cases in which a bailiff office in Vietnam shall be suspended? What is the suspension period of a bailiff office in Vietnam?
What are cases in which a bailiff office in Vietnam shall be suspended? What is the suspension period of a bailiff office in Vietnam? What are cases of termination of bailiff office in Vietnam?
What are cases in which a bailiff office in Vietnam shall be suspended?
Pursuant to Article 29 of the Decree 08/2020/ND-CP stipulating suspension of bailiff office:
Suspension of bailiff office
1. A bailiff office shall be suspended when:
a) Director of the bailiff office which is established by a bailiff or all general partner bailiffs of the bailiff office are suspended from working as bailiffs; or
b) The bailiff office fails to fulfill other eligibility as per this Decree and relevant laws.
2. Departments of Justice where bailiff offices are located shall issue decisions on suspension of bailiff office in cases under Clause 1 of this Article.
3. Suspension period shall not last longer than 12 months. During suspension period, the suspended bailiff office must pay unpaid tax, settle other debts, and fulfill obligations under contracts signed with employees; regarding signed service agreements that have not been adequately implemented, the bailiff office must terminate the agreements, unless otherwise agreed upon.
Documents shall remain in storage at suspended the bailiff office.
As regulated above, a bailiff office shall be suspended when:
- Director of the bailiff office which is established by a bailiff or all general partner bailiffs of the bailiff office are suspended from working as bailiffs; or
- The bailiff office fails to fulfill other eligibility as per this Decree and relevant laws.
What are cases in which a bailiff office in Vietnam shall be suspended? What is the suspension period of a bailiff office in Vietnam? - image from internet
What is the suspension period of a bailiff office in Vietnam?
Pursuant to Clause 3 Article 29 of the Decree 08/2020/ND-CP stipulating suspension of bailiff office:
Suspension of bailiff office
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3. Suspension period shall not last longer than 12 months. During suspension period, the suspended bailiff office must pay unpaid tax, settle other debts, and fulfill obligations under contracts signed with employees; regarding signed service agreements that have not been adequately implemented, the bailiff office must terminate the agreements, unless otherwise agreed upon.
Documents shall remain in storage at suspended the bailiff office.
As regulated above, suspension period shall not last longer than 12 months.
During suspension period, the suspended bailiff office must pay unpaid tax, settle other debts, and fulfill obligations under contracts signed with employees; regarding signed service agreements that have not been adequately implemented, the bailiff office must terminate the agreements, unless otherwise agreed upon.
What are cases of termination of bailiff office in Vietnam?
Pursuant to Article 30 of the Decree 08/2020/ND-CP stipulating termination of bailiff office:
Termination of bailiff office
1. A bailiff office shall be terminated when:
a) The bailiff office terminates voluntarily; or
b) Decision permitting establishment of the bailiff office is revoked according to Article 31 hereof; or
c) The bailiff office is merged or acquired.
2. In case of termination according to Point a Clause 1 of this Article, at least 30 days prior to the expected date of termination, the bailiff office must produce reports to Department of Justice where the bailiff office registers for operation. Prior to the date of termination, the bailiff office is responsible for paying unpaid tax, settling other debts, fulfilling procedures for terminating contracts signed with employees, and completing signed service agreements; if signed service agreements cannot be cannot be completed, the bailiff office must discuss the implementation of said contracts with the solicitors.
Department of Justice where the bailiff office is located is responsible for suspending license to operate of the bailiff office, requesting the provincial People’s Committee to issue decision suspending decision permitting establishment, uploading information on termination of bailiff office on website of the Department of Justice, and notifying authorities under Article 23 hereof in writing.
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As regulated above, a bailiff office shall be terminated when:
- The bailiff office terminates voluntarily; or
- Decision permitting establishment of the bailiff office is revoked; or
- The bailiff office is merged or acquired.
