Approval of the project to develop the Bailiff's Office in Ho Chi Minh City in Vietnam

Approval of the project to develop the Bailiff's Office in Ho Chi Minh City in Vietnam (Internet image) 

Approval of the project to develop the Bailiff's Office in Ho Chi Minh City in Vietnam

Ho Chi Minh City has approved the project to develop the Bailiff's Office in the area with Decision 3618/QD-UBND in 2022.

The objectives of this Project are as follows:

- The development of Bailiff's Offices according to a network linked to residential areas throughout the city in order to promptly meet needs and create favorable conditions for people to access legal services provided by Bailiffs, while at the same time contributing to reducing the workload of agencies such as Courts and Civil Judgment Enforcement agencies.

- Ensuring the implementation of the Bailiffs regime is synchronous, focused, and focused; Developing Bailiff's Offices must go towards enhancing the effectiveness and efficiency of state management.

Criteria and methods for evaluating dossiers requesting the establishment of a Bailiff's Office in Vietnam

According to Decision 3618/QD-UBND, the criteria and score of the criteria to establish the Bailiff's Office are as follows:

(1) Expected location of office headquarters

The maximum score is 10 (Ten) points, of which:

- The expected location of the Bailiff Office's headquarters is the shortest distance by road from established bailiff-practicing organizations or bailiff-practicing organizations expected to be established at the same time:

+ Under 1 (One) km: 0 (Zero) points.

+ From 1 (One) to 3 (Three) km: maximum 2 (Two) points.

+ Over 3 (Three) kilometers: maximum 5 (Five) points.

- Convenient location for people's contact; does not cause traffic congestion: maximum 5 (Five) points.

(2) About the headquarters of the Bailiff's Office

The maximum score is 14 (Fourteen) points, of which:

- Legality and stability of the proposed headquarters:

+ In case the headquarters is owned by a partnership Bailiff or has a legal lease or loan contract with a term of 5 (Five) years or more: 2 (Two) points.

+ In case a valid lease or loan contract has a term of from 1 (One) year to less than 5 (Five) years: 1 (One) point.

+ There is a commitment to ensure the headquarters location for at least 1 year: maximum 1 (One) point.

- Total area of the Bailiff's Office headquarters (excluding parking area):

+ Under 100 (One hundred) m2: 0 (Zero) points.

+ From 100 (One hundred) m2 to under 150 (One hundred fifty) m2: maximum 2 (Two) points.

+ From 150 (One hundred and fifty) m2 to under 200 (Two hundred) m2: maximum 3 (Three) points.

+ From 200 (Two hundred) m2 or more: maximum 4 (Four) points.

- Organize the layout of the Bailiff's Office headquarters:

+ Ensure a workplace for bailiffs and employees with an area according to the provisions of law on standards and norms for using workplaces at public service units,
Ensure a place to receive the requester and a place to store records: maximum 2 (Two) points.

+ For storage areas (rooms) that meet storage standards according to regulations, including:

Area under 30 (Thirty) m2: maximum 1 (One) point.

Area over 30 (Thirty) m2: maximum 2 (Two) points.

- Organize and arrange parking locations:

+ Parking area under 50 (Fifty) m2: maximum 1 (One) point.

+ Parking area of 50 (Fifty) m2 or more: maximum 2 (Two) spots.

+ In case the Bailiff Office headquarters does not have an area for parking but parking is arranged (renting, borrowing a parking space, using a public parking lot) within a distance of 100 (One hundred) m from the headquarters, 50% (Fifty percent) of the maximum score of the corresponding area will be counted.

+ Parking locations are only scored when ensuring convenience, security, order, and traffic safety.

- The Bailiff's Office headquarters has fire prevention and fighting facilities (fire extinguisher, fire alarm system,...): maximum 1 (One) point.

(3) Form of Bailiff's Office

The maximum score is 4 (Four) points, of which:

- Bailiff's Office established by a Bailiff (organized and operating as a private enterprise): 2 (two) points.

- The Bailiff's Office is established by two or more Bailiffs (organized and operating in the form of a Partnership): 4 (Four) points.

(4) Bailiff

The maximum score is 36 (Thirty-six) points, of which:

- Each bailiff who is Head of Office, partner: 2 (Two) points.

- Experience of bailiffs: the score calculated for each bailiff who is the Head of the Office and the members in attendance are:

+ Has time for legal work, specifically:

From 10 (Ten) years to 15 (Fifteen) years: maximum 1 (One) point.

Over 15 (Fifteen) years: maximum 2 (Two) points.

+ Having a working period related to the bailiff profession at state management agencies on bailiffs for 3 (Three) years or more: maximum 0.5 (Zero point five) points.

+ Having spent time working as a bailiff at organizations practicing bailiffs and executing judgments at civil judgment enforcement agencies before being appointed as a bailiff:

From 1 (One) year to less than 2 (Two) years: maximum 0.5 (Zero point five) points.

From 2 (Two) years to 3 (Three) years: maximum 1 (One) point.

Over 3 (Three) years: maximum 1.5 (One point five) points.

+ A bailiff who has ever practiced as a bailiff or bailiff:

From 1 (One) year to less than 3 (Three) years: maximum 1 (One) point.

From 3 (Three) years to less than 5 (Five) years: maximum 2 (Two) points.

From 5 (Five) years to 10 (Ten) years: maximum 3 (Three) points.

Over 10 (Ten) years: maximum 4 (Four) points.

+ Already a member of the Bailiff's social and professional organization in Ho Chi Minh City or commit to participating in the Bailiff's social and professional organization in Ho Chi Minh City when the Bailiff's Office is allowed to be established: maximum 01 point.

- The score of each Bailiff working under the contract regime is calculated as 25% (Twenty-five percent) of the score of the Office Head and Partnership Bailiff specified in Clauses 1 and 2 of this Article.

- Each dossier requesting the establishment of a Bailiff's Office is given a maximum score of 4 (Four) Bailiffs. In case the Bailiff's total score is over 36 (Thirty-six) points, the maximum score is 36 (Thirty-six) points.

(5) Bailiff professional secretary

The maximum score is 14 (Fourteen) points, of which:

- Each professional secretary gets a maximum of 2 (Two) points if they fall into the following cases:

+ Having worked in law for 5 (Five) years or more or having been appointed to judicial positions: maximum 1 (One) point.

+ Has been trained in civil judgment enforcement, graduated from a training course recognized as equivalent to training, or completed a training course for Bailiff profession organized by the Ministry of Justice: 1 (One) point.

- Each professional secretary who has a period of professional work in judgment enforcement or bailiffs is counted for a maximum of 2 (Two) points:

+ From 1 (One) year to less than 2 (Two) years: maximum 1 (One) point.

+ From 2 (Two) years to 3 (Three) years: maximum 1.5 (One point five) points.

+ Over 3 (Three) years: maximum 2 (Two) points.

- Each dossier requesting the establishment of a Bailiff's Office is given a maximum score of 4 (Four) professional secretaries. In case the total score of the professional secretary is over 14 (Fourteen) points, a maximum of 14 (Fourteen) points will be counted.

(6) Personnel in charge of accounting

The maximum score is 2 (Two) points, of which:

- Accountants with university or college degrees majoring in finance, accounting, auditing: maximum 1 (One) point.

- Accounting staff who have time working in accounting work are given a maximum of 1 (One) point:

+ From 1 (One) year to 3 (Three) years: maximum 0.5 (Zero point five) points.

+ Over 3 (Three) years: maximum 1 (One) point.

(7) Personnel in charge of information technology

The maximum score is 2 (Two) points, of which:

- Information technology staff with a university or college degree in information technology: maximum 1 (One) point.

- Information technology employees who have worked in information technology for a maximum of 1 (One) point:

+ From 1 (One) year to 3 (Three) years: maximum 0.5 (Zero point five) points.

+ Over 3 (Three) years: maximum 1 (One) point.

(8) Personnel in charge of storage

The maximum score is 2 (Two) points, of which:

- Archivists with specialized qualifications in archiving: maximum 1 (One) point.

+ Intermediate level specialized in archives: maximum 0.5 (Zero point five) points.

+ University or college specializing in archives: maximum 1 (One) point.

- Archivists with time working in archives are counted up to 1 (One) point:

+ From 1 (One) year to 3 (Three) years: maximum 0.5 (Zero point five) points.

+ Over 3 (Three) years: maximum 1 (One) point.

(9) Develop business processes for bailiffs and storage processes

The maximum score is 3 (Three) points, of which:

- Building strict business processes in accordance with the law: maximum 2 (Two) points.

- Build a strict storage process in accordance with the law: maximum 1 (One) point.

(10) Office administration ability

The maximum score is 3 (Three) points, of which:

- Head of the Bailiff's Office has a degree or documents proving that he or she has undergone training and refresher courses on management knowledge:

+ Training period less than 6 (Six) months: maximum 0.5 (Zero point five) points.

+ Training period of 6 (Six) months or more: maximum 1 (One) point.

- The Head of the Bailiff's Office was once the Head of the Bailiff's Office:

+ Under 3 (Three) years: 0 (Zero) points.

+ From 3 (Three) years or more: maximum 1 (One) point.

- There are draft rules and regulations to manage the activities of the Bailiff's Office
(on time, working style; assignment of responsibilities to each department; relationships with customers; internal relationships, etc.): maximum 1 (One) point.

(11) Feasibility of the Establishment Project

The feasibility of the Project was reviewed, and the overall conditions of the headquarters, facilities, and personnel of the Bailiff's Office were evaluated, ensuring the full contents of the Project according to regulations: maximum 8 (Eight) points.

Chau Thanh

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