Who are ineligible for bailiff assignment in Vietnam? When shall a bailiff, who has not been practicing bailiff for at least 2 consecutive years, be reassigned in Vietnam?

Who are ineligible for bailiff assignment in Vietnam?

Pursuant to Article 11 of the Decree 08/2020/ND-CP stipulating persons ineligible for bailiff assignment:

- Persons with limited legal capacity or incapacitated; having difficult in cognition and/or behavior control as per the Civil Code.

- Persons who are working as notary officials, holding license to practice law, conducting auction, official receiver, or valuation official.

- Persons who are working as officials, public officials, public employees, commissioned officers, non-commissioned officers, workers, public employees in national defense sector in entities affiliated to People’s Army, commissioned officers, non-commissioned officers, officers in entities affiliated to the People’s Public Security.

- Persons under criminal prosecution; persons convicted for intentional offense or less serious intentional offense without receiving expungement; persons convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, including cases where offenders have their previous convictions expunged.

- Person who are removed or met with disciplinary actions in form of removal from office, mandated resignation, stripping of title or removal from sector.

- Persons facing disciplinary actions in form of removal from lawyer list of the Bar Associations due to violations of the law or violation of Code of Professional Ethics of the lawyers; persons who face administrative penalties in form of suspension of license to practice law and have not spent 3 years from the date on which they fulfill decisions imposing such administrative penalties.

- Persons who face administrative penalties in form of suspension of notary official cards, valuation official cards, auction license, asset management license and have not spent 3 years from the date on which they fulfill the decisions imposing such administrative penalties.

- Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.

Who are ineligible for bailiff assignment in Vietnam? When shall a bailiff, who has not been practicing bailiff for at least 2 consecutive years, be reassigned in Vietnam? - image from internet

When shall a bailiff, who has not been practicing bailiff for at least 2 consecutive years, be reassigned in Vietnam?

Pursuant to Article 14 of the Decree 08/2020/ND-CP stipulating reassignment of bailiff:

Reassignment of bailiff

1. A person removed from bailiff position according to Clause 1 Article 13 hereof shall be considered for reassignment as a bailiff if he/she requests so.

2. A person removed from bailiff position according to Clause 2 Article 13 hereof shall only be considered for reassignment when he/she is eligible according to Article 6 hereof and the cause for removal ceases to remain, except for cases under Clause 3 of this Article.

A person removed from bailiff position according to Point c and d Clause 2 Article 13 hereof shall only be considered for reassignment after 1 year from the date on which decision on removal of bailiff enters into force.

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Pursuant to Clause 2.d Article 13 of the Decree 08/2020/ND-CP, a bailiff, who has not been practicing bailiff for at least 2 consecutive years, shall be reassigned in following cases:

- He/she meets the criteria for reappointment as the Successor

- He/she is reappointed as a bailiff after a period of 1 year from the effective date of the decision to dismiss the bailiff.

What are prohibited tasks of bailiffs in Vietnam?

Pursuant to Article 4 of the Decree 08/2020/ND-CP stipulating prohibited tasks of bailiffs in Vietnam:

- Disclosing information on their work, unless otherwise regulated by the laws; using information on operation of bailiffs in order to infringe legal rights and benefits of individuals, agencies, and organizations.

- Demanding tangible benefits other than fees recorded in contracts.

- Conducting notary, lawyer, valuation, property auction, property management and liquidation work on a part-time basis.

- Accepting tasks relating to their rights and benefits or their relatives’ rights and benefits, including:

+ Spouses, biological children, adopted children;

+ Biological parents, biological siblings, grandparents, aunts, or uncles of bailiffs or bailiff’s spouses;

+ Biological nieces or nephews of bailiffs.

- Other prohibited tasks as per the law.

Best regards!