The office of the bailiff that does not facilitate the bailiff's participation in professional training will be heavily fined. This is stipulated in Decree 82/2020/ND-CP on penalties for administrative violations in the fields of judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives.
Violation of failure to provide training for bailiffs: What is the penalty? (illustrative image)
To be specific: at Point a, Clause 2, Article 33 of Decree 82/2020/ND-CP prescribes a fine ranging from VND 3,000,000 to VND 7,000,000 for the act of "Failing to facilitate bailiffs in participating in professional training." This penalty also applies to the following acts:
- Serving papers, documents, and materials beyond the scope or without proper authority;
- Accepting trainees for the bailiff profession while the bailiff office does not meet the conditions for accepting trainees as prescribed;
- Establishing records without service contracts, or the service contracts do not conform to regulations;
- Submitting records and proof documents to the Department of Justice for registration not within the prescribed time limit.
Additionally, Decree 82 prescribes fines ranging from VND 7,000,000 to VND 10,000,000 for any of the following acts:
- Not having a signboard as prescribed;- Failing to establish, manage, and use books and forms as prescribed;- Failing to implement information policies, reports as prescribed; failing to comply with the requests of competent authorities regarding reports for inspection, supervision, and monitoring purposes;- Not submitting records and supporting documents to the Department of Justice for registration as prescribed;- Charging fees not conformable to regulations or higher than the agreed amount in the service contract;- Operating at an address not listed in the operation registration certificate;- Failing to purchase professional liability insurance for bailiffs fully or continuously.
For more details, see related regulations in Decree 82/2020/ND-CP effective from September 1, 2020.
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