Guidelines on examining the probationary results of the bailiff profession in Vietnam

Recently, the Ministry of Justice of Vietnam issued Circular 05/2020/TT-BTP providing guidance on Decree 08/2020/ND-CP regarding the organization and operation of the bailiffs.

Legal  practice  internship,  Circular  05/2020/TT-BTP

Guidelines on examining the probationary results of the bailiff profession in Vietnam​ (Illustration)

In Circular 05/2020/TT-BTP, guidelines on the checking of the results of the bailiff practice internship are stipulated as follows:

1. Content and form of checking the results of the bailiff practice internship in Vietnam

- The content of the check includes:

- Laws on bailiff Executors, Code of Conduct for bailiff Executors;- bailiff practice skills for bailiff Executors.

- The form of the check is a written test, including two tests.

- The first test on Laws on bailiff Executors and the Code of Conduct for bailiff Executors.- The second test on the bailiff practice skills for bailiff Executors.

2. Organizing the check of the results of the bailiff practice internship in Vietnam

- The Ministry of Justice organizes the check of the results of the bailiff practice internship. Based on the actual situation, the Ministry of Justice will schedule the check and notify the registration for participation in the check to the Department of Justice, while also posting on the Ministry of Justice's electronic portal.

- Before the registration deadline for the check as announced by the Ministry of Justice, the Department of Justice sends a written request to the Ministry of Justice accompanied by the list of registered participants and the registration dossiers.

3. Scoring the check of the results of the bailiff practice internship in Vietnam

- Each test is graded independently by two members of the Grading Committee. Each test is scored on a scale of 100.

- The score of a test is the average of the scores given by the two graders.- In cases where the two graders' scores differ by 10 points or more, the Head of the Grading Committee will organize a third grading. This score will be the official score of the test.

- Candidates who meet the requirements of the check must score at least 50 points on each test.

- Within 15 days from the end of the grading, the Examination Council will notify the Department of Justice where participants took the check of the results, while also posting on the Ministry of Justice's electronic portal.

4. Re-evaluating the check of the results of the bailiff practice internship in Vietnam

- Within 15 days from the date the Examination Council announces the results, candidates who disagree with their test results have the right to submit a request for re-evaluation to the Chairman of the Examination Council.

- Within 15 days from the end of the re-evaluation request receipt period, the Chairman of the Examination Council decides to establish the Re-evaluation Committee, which includes the Head and at least two members. Members of the Grading Committee cannot be members of the Re-evaluation Committee.

- The re-evaluation grading is conducted in accordance with Article 22 of Circular 05/2020/TT-BTP. The re-evaluation results must be approved by the Chairman of the Examination Council and will be the final results.

For more details, please refer to Circular 05/2020/TT-BTP, effective from October 12, 2020.

Thuy Tram

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