Recently, the Government of Vietnam has unanimously issued Decree 135/2013/ND-CP amending and supplementing the title and certain provisions of Decree 61/2009/ND-CP dated July 24, 2009, of the Government of Vietnam on the organization and activities of the Judicial Officers on a pilot basis in Ho Chi Minh City.
Illustration (source: internet)
To be specific:, the notification and delivery agreement is signed between the Bailiff Office and the Civil Judgment Execution Agency or the Court in the form of a contract according to the method in which the Court or the Civil Judgment Execution Agency transfers all types of agreed documents to the Bailiff Office for notification and delivery, and the Bailiff Office is not allowed to refuse when requested to deliver. The service contract for notification and delivery includes the main contents stipulated in Clause 7, Article 1 of Decree 135/2013/ND-CP amending and supplementing Article 24 of Decree 61/2009/ND-CP, which specifically includes:
- Documents to be delivered;- Time of contract execution;- Procedures for notification and delivery;- Rights and obligations of the parties;- Fees for notification and delivery.
However, it should be noted that a Civil Judgment Execution Agency or a Court is only allowed to sign a notification and delivery contract with one Bailiff Office. One Bailiff Office may sign notification and delivery contracts with multiple Civil Judgment Execution Agencies or multiple Courts within the province or centrally-run city where the Bailiff Office is located.
Additionally, this Decree also stipulates that bailiffs have the right to make minutes on events and acts at the request of the litigant, except for the cases stipulated in Article 6 of Decree 61/2009/ND-CP; cases that violate regulations on ensuring national security and defense; violations of privacy regulations as stipulated in Article 38 of the Civil Code; cases under the notarization authority of notarial practice organizations or the certification authority of the People's Committees at all levels, and other cases as stipulated by law.
At the same time, bailiffs are entitled to make minutes on events and acts occurring within the territory of the province or centrally-run city where the Bailiff Office is located.
See the full text of the regulations in Decree 135/2013/ND-CP effective from December 5, 2013.
Thu Ba
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