Circular 05: Council for examining the results of probationary bailiff practice in Vietnam

Circular 05: Council for examining the results of probationary bailiff practice in Vietnam (Illustrative Image)

According to Circular 05/2020/TT-BTP, the Council for examining the results of probationary bailiff practice in Vietnam is regulated as follows:

1. Council for examining the results of probationary bailiff practice in Vietnam

- The Council for examining the results of probationary bailiff practice in Vietnam is established by the decision of the Minister of Justice of VIetnam.

- The composition of the Examination Council is decided by the Minister of Justice of Vietnam, which includes representatives from the Judicial Assistance Department, the General Department of Civil Judgment Execution, the Judicial Academy, and reputable and experienced bailiffs.

- The Examination Council is authorized to use the seal of the Ministry of Justice to perform its tasks and authorities as stipulated in Circular 05/2020/TT-BTP.

2. Tasks and authorities of the Examination Council in Vietnam

- The Examination Council has the following tasks and authorities:

• Issuing the Examination Plan; Examination Regulations;
• Establishing the Committees of the Examination Council;
• Deciding the list of candidates eligible for participating in the examination, the time and location of the examination, and notifying the Department of Justice where candidates will take the examination, and posting it on the Ministry of Justice's Electronic Information Portal no later than 30 days before the examination date;
• Organizing the examination, grading the examination, re-evaluating the examination papers;
• Recognizing the results of the bailiff professional probation examination;
• Annulment of examination results of candidates when there is evidence that the candidate is not eligible to register for the bailiff professional probation as stipulated in Clause 6, Article 8 of Decree No. 08/2020/ND-CP but still does the probation, is not eligible to participate in the examination, or has fraudulent, violating behaviors that alter the probation results, examination results of the bailiff professional probation;
• Handling complaints, denunciations related to the examination;
• Reporting and being responsible to the Minister of Justice for organizing and the results of the examination;
• Other tasks and authorities as stipulated in this Circular.

- The Minister of Justice of Vietnam decides to annul the examination results of candidates in cases stipulated in point e, clause 1 of this Article based on the proposal of the Director of the Judicial Assistance Department after the Examination Council has been dissolved.

3. Supervision Committee for the results of probationary bailiff practice in Vietnam

- The Minister of Justice of Vietnam decides to establish the Supervision Committee based on the proposal of the Director of the Judicial Assistance Department. The Supervision Committee includes a Head and 01 to 02 members. Members of the Supervision Committee do not concurrently serve as members of the Examination Council and the Committees of the Examination Council.

- Tasks and Authorities of the Supervision Committee:

• Supervising the organization of the examination;
• Detecting and proposing measures to handle violations of the examination regulations;
• Proposing measures to the Examination Council to ensure the examination is conducted safely, strictly, and in accordance with this Circular.

- Contents of Supervision:

• Supervising the implementation of examination regulations, the performance of tasks, and authorities of the Examination Council and the Committees of the Examination Council;
• Supervising the organization of the examination;
• Supervising the implementation of the regulations of the Examination Council and handling complaints and denunciations about the examination.

- The Supervision Committee reports to and is responsible to the Minister of Justice of Vietnam for its supervision activities and results after each examination.

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

Thuy Tram

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