03 important contents about bailiff records according to Circular 05 in Vietnam

03 important contents about bailiff records according to Circular 05 in Vietnam​ (Illustrative image)

According to Circular 05/2020/TT-BTP stipulating the bailiff records as follows:

1. Registration of the bailiff records in Vietnam

- The Bailiff's Office shall directly or via post send 01 set of the bailiff records, supporting documents (if any) to the Department of Justice where the Office is headquartered or update the bailiff records, supporting documents (if any) into the bailiff records database. Within 02 working days from the date of receipt of the bailiff records or from the date the Bailiff's Office updates the bailiff records into the database, the Department of Justice shall record into the bailiff records register or approve the updated content in the bailiff records database as stipulated in Clause 4, Article 39 of Decree No. 08/2020/ND-CP to monitor and manage the making of the bailiff records.

In cases where the bailiff records, supporting documents violate the provisions of Decree No. 08/2020/ND-CP, the Department of Justice has the authority to inspect, audit, and handle administrative violations as per the law. The bailiff and the Bailiff's Office are responsible to the requesting party, and to the law for the content and form of the bailiff records made.

- The Department of Justice may establish an electronic bailiff records register. At the end of the year, the Department of Justice shall print, compile into a book, close the book, and provide statistics on the total number of certificates of facts recorded in the register for that year.

2. Database of the bailiff records in Vietnam

- The database of the bailiff records must contain the following main information:

• Name of the Bailiff's Office; full name of the bailiff making the bailiff records;
• Full name, address of the requesting party; full name of other participants (if any);
• Location, time of making the bailiff records; main content of the events, acts recorded;
• Time of updating, approving the updated content of the bailiff records, supporting documents (if any) into the database;
• Electronic copy of the bailiff records, supporting documents (if any);
• Information on the bailiff records, supporting documents violating Decree No. 08/2020/ND-CP and measures for handling, remedying (if any).

- The Department of Justice shall establish the database on the bailiff records and promulgate regulations on managing and using the database at the local level.

The database of the bailiff records must ensure safety, confidentiality, convenience in management, use, and connectivity with Bailiff's Offices at the local level.

The regulations on managing and using the database of the bailiff records must clearly define the responsibilities of related agencies, organizations, and individuals in the management, use, and costs of management, operation, and use (if any).

3. Providing information about the bailiff records in Vietnam

In cases where a Bailiff's Office terminates its operation or has its Establishment Decision revoked, the Department of Justice where the bailiff records is stored shall provide the bailiff records dossier as requested by competent authorities to serve the supervision, inspection, audit, investigation, prosecution, trial, and execution related to the bailiff records already made; provide information about the bailiff records at the request of the requesting party, individuals with related rights and obligations to the made bailiff records.

More details can be found in Circular 05/2020/TT-BTP, effective from October 12, 2020.

Thuy Tram

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