Three important contents on examining the organization and activities of bailiffs in Vietnam

Three important contents on examining the organization and activities of bailiffs in Vietnam​ (Illustrative image)

According to Circular 05/2020/TT-BTP, the inspection of the organization and activity of bailiff is regulated as follows:

1. Principles of inspecting the organization and activity of bailiff in Vietnam

- Transparency, objectivity, and clarity; according to the plan, except for sudden inspections.

- Ensuring confidentiality in the bailiff profession as regulated by Decree No. 08/2020/ND-CP and relevant laws.

- Comply with other regulations of Decree No. 08/2020/ND-CP, this Circular, and relevant laws.

2. Content of inspection of the organization and activity of bailiff in Vietnam

- For the Bailiff Office, the inspection focuses on the following main contents:

• Implementation of legal regulations on activity registration; practice registration and issuance of bailiff Cards;
• Execution of professional activities according to agreements and legal regulations;
• Periodic and sudden reporting; establishment, management, use of books, and storage of documents and files as regulated by Decree No. 08/2020/ND-CP, this Circular, and relevant laws;
• Implementation of legal regulations on labor, tax, finance, accounting, statistics, and relevant laws;
• Implementation of other regulations of Decree No. 08/2020/ND-CP and this Circular.

- For the Provincial Departments of Justice, the inspection focuses on the following main contents:

• Implementation of legal regulations on issuing, reissuing, and revoking activity registration certificates for Bailiff Offices; practice registration and issuance of bailiff Cards;
• Periodic and sudden reporting; establishment, management, use of books, and storage of documents and files;
• Implementation of other regulations of Decree No. 08/2020/ND-CP and Circular 05/2020/TT-BTP.

3. Procedures for inspecting the organization and activity of bailiff in Vietnam

- Announcing the content and program at the beginning of the inspection of the organization and activity of bailiff.

- Comparing, inspecting, and evaluating report contents and presented books, documents, and files in accordance with legal regulations.

- Preparing an inspection record on the organization and activity of bailiff after completing the inspection.

- Handling according to authority or proposing competent authorities to handle violations of laws in the organization and activity of bailiff (if any).

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

Thuy Tram

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