State agencies in Vietnam have an important responsibility in inpsecting the organization and activities of bailiffs

State agencies in Vietnam have an important responsibility in inpsecting the organization and activities of bailiffs​ (Illustrative photo)

According to Article 33 of Circular 05/2020/TT-BTP, the duties and powers of the Ministry of Justice of Vietnam, the People's Committees of provinces and central-affiliated cities in inspecting the organization and activities of the bailiffs are as follows:

1. The Ministry of Justice and the People's Committees of provinces and central-affiliated cities shall inspect the organization and activities of the bailiffs according to their authority.

2. The Department of Judicial Support assists the Minister of Justice in inspecting the organization and activities of the bailiffs nationwide. Based on the actual situation, the Department of Judicial Support prepares an inspection plan for the organization and activities of the bailiffs, clearly identifying the list of subjects to be inspected, the time, the contents of the inspection, and notifying the subjects to be inspected in writing at least 15 days before the inspection.

The Department of Judicial Support conducts ad hoc inspections at the request of the Minister of Justice or in cases where there are signs of violations of the law, or to resolve complaints and denunciations.

3. Based on the actual situation, the Department of Justice prepares an inspection plan for the organization and activities of the bailiffs at the local level, clearly identifying the list of subjects to be inspected, the time, the contents of the inspection, and notifying the subjects to be inspected in writing at least 15 days before the inspection.

The Department of Justice conducts ad hoc inspections at the request of the provincial People's Committee, the Ministry of Justice or in cases where there are signs of violations of the law, or to resolve complaints and denunciations.

4. Within 15 days from the end of the ad hoc inspection as requested in Clause 3 of this Article, the Department of Justice shall send a report on the inspection results to the provincial People's Committee and the Ministry of Justice of Vietnam.

More details can be found in Circular 05/2020/TT-BTP, effective from October 12, 2020.

Thuy Tram

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