Recently, the Ministry of Justice of Vietnam has issued Circular 05/2020/TT-BTP providing guidance on Decree 08/2020/ND-CP concerning the organization and operation of bailiffs.
Guidelines for implementing reports on the organization and activities of bailiffs in Vietnam (Illustrative image)
Article 39 of Circular 05/2020/TT-BTP stipulates the reporting on the organization and activities of bailiffs in Vietnam as follows:
1. Bailiff Offices and Departments of Justice shall periodically or unexpectedly report as stipulated in Article 20 of Decree 08/2020/ND-CP.
2. The Department of Justice reports to the Ministry of Justice of Vietnam after issuing, re-issuing the operation registration certificate, temporarily suspending operations, and revoking the operation registration certificate of Bailiff Offices.
3. The Provincial People's Committee reports to the Ministry of Justice after allowing the establishment, conversion, merger, consolidation, transfer, and termination of Bailiff Offices as stipulated at point c, clause 1, Article 68 of Decree 08/2020/ND-CP.
4. The report on the organization and activities of bailiffs by the Department of Justice stipulated in section 1 shall include the following main contents:
- The situation of the organization and activities of bailiffs at the local level;
- State management work on the organization and activities of bailiffs;
- Advantages, difficulties, obstacles; proposals, recommendations, and solutions to improve the effectiveness and efficiency of state management on the organization and activities of bailiffs (if any).
5. The report by the Bailiff Office stipulated in section 1 shall include the following main contents:
- Results of the organization and activities of the Office;
- The reception and guidance of trainees at their organization as stipulated in clause 5, Article 15 of Circular 05/2020/TT-BTP;
- Advantages, difficulties, obstacles in organization, activities, and proposals, recommendations (if any).
6. The semi-annual reporting period is from October 1 of the previous year to March 31 of the following year. The annual reporting period is from October 1 of the previous year to September 30 of the following year.
7. Reports can be in the form of paper documents or electronic documents and can be sent directly or through the postal system, email system, or specialized information software system.
8. The deadline for sending periodic reports by the Bailiff Office is before the 5th day of the first month after the reporting period. The deadline for sending periodic reports by the Department of Justice is before the 10th day of the first month after the reporting period.
More details can be found in Circular 05/2020/TT-BTP, which takes effect from October 12, 2020.
Thuy Tram
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