Is it mandatory to have a Bachelor's degree in law to become an Enforcer? Will an Enforcer with HIV be dismissed?
Questions
1. Is it required to have a bachelor's degree in law to become an enforcement officer?
2. Will an enforcement officer who is HIV-positive be dismissed?
3. Can an enforcement officer use a rubber baton while performing official duties?
Do you need to have a law degree to become an executor?
Regarding the field of civil judgment enforcement, is it mandatory to have a law degree to become an executor?
Answer:
Based on Clause 1, Article 18 of the Law on Civil Judgment Enforcement 2008 stipulates the standards for appointing executors as follows:
Vietnamese citizens loyal to the Fatherland, honest, with good ethical qualities, holding a bachelor's degree in law or higher, and having the health to fulfill the assigned duties, may be appointed as executors.
Thus, according to the above regulation, one of the crucial standards for appointing an executor is to have at least a bachelor's degree in law.
Can an executor with HIV be dismissed?
Can you tell me if an executor who has HIV would be dismissed?
Answer:
Clause 2, Article 19 of the Law on Civil Judgment Enforcement 2008 stipulates:
The Minister of Justice shall consider and decide the dismissal of an executor in the following cases:
+ Due to family circumstances or health reasons, it is deemed impossible to ensure the fulfillment of the executor's duties;
+ Professional competence and skills do not ensure the performance of the executor's duties, or for other reasons, do not meet the standards to be an executor.
...
Thus, if it is deemed that the health of the executor cannot ensure the fulfillment of duties, the Minister of Justice shall consider and decide on dismissal. Here, whether an executor with HIV would be dismissed depends on their health condition and their ability to continue carrying out their duties. However, the final decision rests with the Minister of Justice.
Are executors allowed to use rubber batons while on duty?
Can executors use rubber batons while on duty? Please advise.
Answer:
Based on Clause 9, Article 20 of the Law on Civil Judgment Enforcement 2008, one of the rights of executors is stipulated as follows:
To be allowed to use support tools while performing official duties according to the regulations of the Government of Vietnam.
And according to Point d, Clause 11 Article 3 of the Law on Management and Use of Weapons, Explosive Materials, and Support Tools 2017, rubber batons are listed as one of the support tools.
Thus, executors are permitted to use rubber batons while performing official duties according to the regulations of the Government of Vietnam.
Respectfully!
