Professional Secretary of the Bailiff Must Have a Legal Qualification of Intermediate Level or Higher

Illustration (source: internet)

According to Clause 5, Article 1 of Decree 135/2013/ND-CP revising and supplementing Point c, Clause 3, Article 15 of Decree 61/2009/ND-CP, the Clerk of the Bailiff's Office is an employee of the Bailiff's Office who assists the bailiff in carrying out legal tasks as prescribed. The Clerk of the Bailiff's Office must meet the standards specified in Clauses 1, 2, and 6, Article 10 of Decree 61 and must have at least an intermediate diploma in law.

This is also a staff component in the organization of the Bailiff's Office, which also includes:

- The Office Head must be a Bailiff who is the legal representative of the Bailiff's Office.- Bailiff as founding member in cases where multiple persons jointly establish the Bailiff's Office; Bailiff working on contract at the Bailiff's Office.- Accountant;- Other administrative staff (if any).

Decree 61 also stipulates that the Bailiff's Office shall have its own headquarters, seal, and account, and operate on the principle of financial autonomy. The seal of the Bailiff's Office shall not bear the national emblem and shall be regulated by the Ministry of Public Security.

Decree 135/2013/ND-CP also regulates information policies and reporting of the Bailiff's Office as follows:

- Quarterly and annually, the Bailiff's Office shall report to the Department of Justice and the General Department of Civil Judgment Enforcement, Ministry of Justice, on its organization and activities.

Every 6 months and annually, the Department of Justice is responsible for reporting to the Provincial People's Committee and the Ministry of Justice on the organization and activities of the Bailiff's Offices in the locality.

In addition to periodic reports, the Bailiff's Office shall make ad-hoc reports as required by the Department of Justice and the General Department of Civil Judgment Enforcement, Ministry of Justice; the Department of Justice shall make ad-hoc reports as required by the Provincial People's Committee and the Ministry of Justice.

Annually, the Provincial People's Committee shall report to the Ministry of Justice on the situation of implementing the pilot Bailiffs' regime in the locality.

- In addition to the organization and activity reports stipulated at point a, Clause 6 of this Article, the Bailiff's Office shall make reports for the purposes of inspection, examination, supervision, financial management, and tax administration in accordance with the law.

- The Ministry of Justice prescribes books, forms of operational work, information policies, and reporting of the Bailiff's Office.

See more regulations at Decree 135/2013/ND-CP effective from December 05, 2013.

Thu Ba

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