What is a bailiff’s report in Vietnam? Where shall a bailiff’s report be established in Vietnam? What are main contents of a bailiff’s report in Vietnam?
What is a bailiff’s report in Vietnam?
Based on Clause 3, Article 2 of Decree 08/2020/ND-CP, the concept of bailiff’s report as follows:
Explanation of Terms
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- Bailiff’s report is a document that records real events or actions directly witnessed by a bailiff, made at the request of individuals, agencies, or organizations as prescribed in this Decree.
Simultaneously, the legal value of bailiff’s report is stipulated in Article 36 of Decree 08/2020/ND-CP. To be specific:
- Bailiff’s report does not substitute for notarized documents, authenticated documents, or other administrative documents.
- Bailiff’s report serves as evidence for the Court to consider when resolving civil and administrative cases according to the law; and as a basis for transactions between agencies, organizations, and individuals according to the law.
Thus, creating bailiff’s report is understood as the act of recording real events or behaviors at the request of individuals, agencies, or organizations. This is directly witnessed by a bailiff agency and recorded in writing. bailiff’s report does not replace notarized documents.
What is a bailiff’s report in Vietnam? Where shall a bailiff’s report be established in Vietnam? What are main contents of a bailiff’s report in Vietnam? (Image from the Internet)
Where shall a bailiff’s report be established in Vietnam?
According to the provisions of Article 3 of Decree 08/2020/ND-CP on permissible tasks of bailiffs:
Permissible tasks of bailiffs
- Serve documents, files, and materials according to the provisions of this Decree and the relevant law.
2. Create bailiff’s report at the request of individuals, agencies, or organizations in accordance with this Decree.
Verify conditions for judgment enforcement at the request of litigants and persons with related rights and obligations in accordance with this Decree and the relevant law.
Organize the enforcement of judgments and decisions of the Court at the request of litigants in accordance with this Decree and the relevant law.
According to the provisions, creating bailiff’s report is the work of the bailiff.
Bailiffs create bailiff’s report at the request of individuals, agencies, or organizations according to the provisions and perform other tasks as stipulated.
Therefore, bailiff’s report shall be created at a bailiff office licensed to operate under the law.
What are main contents of a bailiff’s report in Vietnam?
According to the provisions of Article 40 of Decree 08/2020/ND-CP, the form and main contents of bailiff’s report are as follows:
Form and Main Contents of bailiff’s report
- bailiff’s report is made in Vietnamese with the following main contents:
a) Name and address of the Bailiff Office; full name of the bailiff creating the bailiff’s report;
b) Location and time of creating the bailiff’s report;
c) Full name and address of the person requesting the bailiff’s report;
d) Full names of other participants (if any);
dd) The content requested in the bailiff’s report; details of the recorded event or action;
e) The bailiff's commitment to truthfulness and objectivity in creating the bailiff’s report;
g) The bailiff's signature, the bailiff office's seal, the signature or fingerprint of the requester, other participants (if any), and the person whose action is recorded in the bailiff’s report (if requested).
bailiff’s report with more than 02 pages must have each page numbered; bailiff’s report with more than 02 sheets must have contiguous seals between sheets; the number of original copies of each bailiff’s report is agreed upon by the parties.
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Thus, bailiff’s report is made in Vietnamese with the following main contents:
- Name and address of the Bailiff Office; full name of the bailiff creating the bailiff’s report;
- Location and time of creating the bailiff’s report;
- Full name and address of the person requesting the bailiff’s report;
- Full names of other participants (if any);
- The content requested in the bailiff’s report; details of the recorded event or action;
- The bailiff's commitment to truthfulness and objectivity in creating the bailiff’s report;
- The bailiff's signature, the bailiff office's seal, the signature or fingerprint of the requester, other participants (if any), and the person whose action is recorded in the bailiff’s report (if requested).
Note:
Bailiff’s report with more than 02 pages must have each page numbered;
Bailiff’s report with more than 02 sheets must have contiguous seals between sheets;
The number of original copies of each bailiff’s report is agreed upon by the parties.
What are cases in which a bailiff is not allowed to establish a bailiff’s report in Vietnam?
According to Article 37 of Decree 08/2020/ND-CP, a bailiff is not allowed to create a bailiff’s report in the following cases:
- Cases prescribed in Clause 4, Article 4 of Decree 08/2020/ND-CP: During the performance of duties, a bailiff cannot undertake matters related to their own rights and interests or those of their relatives, including:
+ Spouse, biological children, adopted children.
+ Biological parents, adoptive parents, paternal grandparents, maternal grandparents, uncles, aunts, and siblings of the bailiff or their spouse.
+ Nieces/nephews of whom the bailiff is the paternal or maternal grandfather/grandmother, uncle, or aunt.
- Violating regulations on ensuring security and defense including: Violating security and defense targets; disclosing state secrets, spreading information, documents, or items classified as state secrets; violating regulations on entry and movement in restricted areas, safety zones of security, defense, and military works; violating regulations on protecting secrets, protecting security, defense, and military works.
- Violating private life, personal secrets, family secrets according to Article 38 of the Civil Code 2015; contrary to social ethics.
- Confirming the content, signing in contracts, transactions that the law stipulates belong to the scope of notarization, authentication; confirming the accuracy, legality, not contrary to social ethics of translating documents from Vietnamese to foreign languages or vice versa; confirming signatures, true copies to the originals.
- Recording events or actions to transfer the use rights, ownership rights of land, property without proof of ownership, use rights according to the law.
- Recording events or actions to perform illegal transactions at the request of the bailiff’s report requester.
- Recording events or actions of officials and public employees, officers, professional soldiers, public defense workers in agencies, units under the People’s Army, officers, non-commissioned officers, soldiers in agencies, units under the People’s Public Security while on duty.
- Recording events or actions not directly witnessed by the bailiff.
- Other cases as prescribed by the law.
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