The Bailiff's Office in Vietnam may request termination of apprenticeship of apprentice

The Bailiff's Office in Vietnam may request termination of apprenticeship of apprentice​ (Illustrative photo)

According to Circular 05/2020/TT-BTP, the Bailiff's Office in Vietnam that accepts interns has the following rights and obligations:

1. Assign qualified bailiffs to guide interns and be responsible for such assignment.

2. Agree on the conclusion of labor contracts with interns; ensure the exercise of the rights and obligations of interns, create favorable conditions for interns and the guiding bailiffs within their organization.

3. Consider and decide on the refusal of bailiffs to guide interns, the intern's request to change the guiding bailiffs; monitor, supervise the fulfillment of responsibilities by the guiding bailiffs; mediate disputes, conflicts between the guiding bailiffs and interns.

4. Manage interns during their internship at their organization; either by themselves or upon the request of the guiding bailiffs, consider and handle violations by interns in accordance with Clause 1 Article 16 of Circular 05/2020/TT-BTP.

5. Report to the Department of Justice where the head office is located about the acceptance and guidance of interns at their organization according to Clause 5 Article 39 of Circular 05/2020/TT-BTP. The report includes the following main contents:

- The number of interns;

- Evaluation of the internship quality of the interns;

- The implementation of the rights and obligations of the office of bailiffs, interns, and the responsibilities of the guiding bailiffs as prescribed in this Circular;

- Difficulties and obstacles during the acceptance of interns and suggestions, recommendations (if any).

6. Other rights and obligations as agreed with interns or as prescribed by law.

Additionally, the office of bailiffs has the right to handle interns who violate the practice regulations as follows:

- Interns who violate the provisions of this Circular, having been reminded, and requested to cease their violations by the office of bailiffs, but continue to violate, the office of bailiffs will propose the Department of Justice where the internship is registered to issue a decision to terminate their internship.

- Bailiffs, the office of bailiffs that violate the regulations of Circular 05/2020/TT-BTP and relevant laws, depending on the nature and extent of the violation, shall be subject to one of the forms of handling prescribed in Article 69 of Decree 08/2020/ND-CP.

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

Thuy Tram

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