Prohibited acts of the bailiff with the solicitors in Vietnam

Prohibited acts of the bailiff with the solicitors in Vietnam (Internet image)

On November 1, 2022, the Minister of Justice of Vietnam issued Circular 08/2022/TT-BTP promulgating the Code of Professional Ethics for Bailiffs.

1. Who is the bailiff?

According to Clause 1 and Article 2 of Decree 08/2020/ND-CP, a bailiff refers to a qualified individual assigned by the Government to serve, produce bailiff’s reports, verify conditions for enforcement of civil judgments, organize enforcement of civil judgments in accordance with Decree 08/2020/ND-CP and relevant law provisions;

2. Criteria for the appointment of a bailiff in Vietnam

According to Article 6 of Decree 08/2020/ND-CP, a person shall be assigned as a bailiff when he/she:

- Is a Vietnamese national, not older than 65 years old, residing in Vietnam, properly adhering to the Constitutions and the laws, and possessing good moral virtues.

-Has undergraduate or post-graduate degrees in law.

- Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.

- Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 of Decree 08/2020/ND-CP.

- Qualifies in bailiff apprenticeship exam.

3. Prohibited acts of the bailiff with the solicitors in Vietnam

According to Article 9 of Circular 08/2022/TT-BTP, prohibited acts of the bailiff with the solicitors in Vietnam include:

- Harassing, causing difficulties and troubles for requesters

Receiving or demanding any additional money or benefits from the requester in addition to the costs already recognized in the contract

Receiving money or any other benefit from a third person to fulfill or not fulfill a request

- Accepting the request in case the purpose and content of the request violate the law, are contrary to social ethics, and are not in accordance with the duties and powers of the bailiff.

- Preparing legal documents, verifying conditions for civil judgment enforcement, and organizing the enforcement of court judgments and decisions related to their own rights and interests with the petitioner and his/her relatives, including:

+ Wife, husband, biological children, adopted children;

+ Natural father, biological mother, adoptive father, adoptive mother, grandfather, grandmother, maternal grandfather, grandmother, uncle, uncle, aunt, uncle, and brother, sister and brother of a husband or wife of the bailiff;

+ The grandchild that they are a grandfather, grandmother, uncle, uncle, aunt, uncle, aunt.

- Consulting, instigating, colluding, and creating conditions for the requestor to perform illegal acts, infringing upon the legitimate rights and interests of other organizations and individuals.

- Pressuring, coercing, deceiving, threatening, discounting, or making promises to entice the requester to use the service

- Colluding with the requester or related people to falsify the contents of the diploma, the work record performed, or other fraudulent acts.

- Intentionally executing against the contents of the judgment or decision; delaying or extending the time for settlement of the assigned judgment enforcement has no legal basis.

- Other prohibited acts as prescribed by law

Circular 08/2022/TT-BTP takes effect on December 22, 2022.

Quoc Dat

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