What is service regarding operation of bailiff in Vietnam? What documents are served by the bailiffs in Vietnam?

What is service regarding operation of bailiff in Vietnam?

Pursuant to Article 2 of the Decree 08/2020/ND-CP:

Definition

In this Decree, terms below are construed as follows:

1. “bailiff” refers to a qualified individual assigned by the Government to serve, produce bailiff’s reports, verify conditions for enforcement of civil judgments, organize enforcement of civil judgments in accordance with this Decree and relevant law provisions;

2. “service” refers to a bailiff’s act of notifying, delivering, and receiving documents in accordance with this Decree and relevant law provisions;

3. “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of this Decree.

As regulated above, service refers to a bailiff’s act of notifying, delivering, and receiving documents in accordance with this Decree and relevant law provisions.

What is service regarding operation of bailiff in Vietnam? What documents are served by the bailiffs in Vietnam? - image from internet

What documents are served by the bailiffs in Vietnam?

Pursuant to Article 32 of the Decree 08/2020/ND-CP stipulating entitlement and scope of serving of bailiff:

Entitlement and scope of serving of bailiff

1. Bailiffs shall serve the following documents:

a) Documents of the court, People’s Procuracies, and civil judgment enforcement authorities;

b) Documents relating to judicial assistance in civil matters of foreign competent authorities.

2. Directors of bailiff offices may assign professional secretaries to serve, unless otherwise agreed that the serving must be done by the bailiffs.

3. Bailiff offices are responsible to solicitors for inadequate and untimely serving and must pay damages as per the law.

As regulated above, bailiffs shall serve the following documents:

[1] Documents of the court, People’s Procuracies, and civil judgment enforcement authorities:

Bailiffs shall serve documents of the courts, People’s Procuracies for civil cases and matters, administrative cases, civil matters in criminal cases and accusations, complaints; serve documents of provincial civil judgment enforcement where bailiff offices are located as per service of process agreements signed by bailiff offices and the courts, People’s Procuracies, and civil judgment enforcement authorities.

If bailiffs serve beyond the province or in islands, archipelagoes outside of districts where bailiff offices are located, bailiffs may reach an agreement with the courts, People’s Procuracies, and civil judgment enforcement authorities via case-by-case contracts.

[2] Documents relating to judicial assistance in civil matters of foreign competent authorities:

Ministry of Justice shall choose one or many bailiff offices to serve documents relating to judicial assistance in civil matters of foreign competent authorities.

Bailiff offices shall serve documents relating to judicial assistance in civil matters of competent authorities on a nationwide scale.

Do bailiffs in Vietnam have to notify the service results?

Pursuant to Article 35 of the Decree 08/2020/ND-CP stipulating return of service:

Return of service

1. A service of documents is considered complete when the bailiff responsible has fulfilled all procedures as per the law.

2. The bailiff must notify the service results or present proof of service to the court, People’s Procuracy, civil judgment enforcement authority, and other solicitors in 2 working days from the date on which the service is affected unless otherwise agreed upon by the parties.

Service results must be recorded in service logbook produced using form regulated by the Minister of Justice.

As regulated above, the bailiff must notify the service results or present proof of service to the court, People’s Procuracy, civil judgment enforcement authority, and other solicitors in 2 working days from the date on which the service is affected unless otherwise agreed upon by the parties.