Code of conduct in relation to probationary bailiffs in Vietnam

Code of conduct in relation to probationary bailiffs in Vietnam (Internet image)

On November 1, 2022, the Minister of Justice of Vietnam issued Circular 08/2022/TT-BTP on the Code of Conduct for Bailiffs.

1. Code of conduct in relation to probationary bailiffs in Vietnam

In relation to a bailiff's apprentice, according to Article 12 of the Code of Conducts of a Bailiff promulgated together with Circular 08/2022/TT-BTP (collectively referred to as the Code), a bailiff must voluntarily abide by the following rules:

- A bailiff has the duty to participate in the practice of a bailiff's apprentice; uphold the responsibility; conscientiously impart knowledge, skills, and professional experience; and treat the probationary bailiff with respect and dignity.

When instructing apprentices, a bailiff must not perform the following acts:

+ Discrimination against apprentices under their own guidance;

+ Claiming material, money, or other benefits from the apprentice;

+ Colluding with trainees to make false and inaccurate reports on probation results;

+ Taking advantage of his or her status as an apprentice instructor to force the apprentice to do things that are not within the scope of the probationary period or to commit acts that violate the law or are contrary to social ethics in order to gain benefits for himself.

2. Relations with colleagues, bailiff offices, and social - professional organizations of bailiffs in Vietnam

In addition, according to Article 10 of the Code of Conduct, the code of conduct in relations with colleagues, the bailiff offices, and social - professional organizations of bailiffs in Vietnam is as follows:

- Respect and protect the honor and reputation of colleagues, preserving and promoting the spirit of solidarity, friendliness, and cooperation, helping each other to complete tasks, having the responsibility to supervise each other, and resolutely fighting to eliminate wrongdoing in practice.

When detecting errors of colleagues, the bailiff is obliged to give candid comments and report them to a competent agency, organization, or person if it is an act that violates the law or harms the professional reputation.

- Comply with the rules and regulations of the bailiff's office, the charter of the social-professional organization of the bailiff of which he is a member, and pay membership fees to the socio-professional organization of which he is a member.

- Guide and help new colleagues; enhance professional exchange; help each other make progress.

- Join the social-pprofessional organization of the bailiff (if any); under the management of a competent state agency, the Office of the Attorney General where he/she is practicing, and the social-professional organization of the bailiff of which he/she is a member.

- Participate in professional activities and other social activities organized or launched by the state, the bailiff's office, or the socio-professional organizations of the bailiff in order to contribute to the general development of the bailiffs.

3. Prohibited acts in relation to colleagues and bailiff offices in Vietnam

Pursuant to Article 11 of the Code, in relations with colleagues in the bailiff's office, the bailiff may not do the following:

- Putting pressure on, threatening with, or performing acts that violate the law or social morality to gain advantages for themselves or their offices in practicing before the prosecutor or another prosecutor's office.

- Conducting acts of advertising themselves and their office in contravention of the law in order to compete unfairly with the bailiff and other bailiff's offices.

- Acting as a broker and receiving or asking for a commission when introducing a request to a colleague about a request that he or she does not undertake.

- Opening branches, representative offices, establishments, and transaction locations other than the head office of the bailiff's office

- Other acts contrary to social ethics violate the law.

See more content in Circular 08/2022/TT-BTP, effective December 22, 2022.

Van Trong

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