Recently, the Ministry of Justice of Vietnam issued Circular 05/2020/TT-BTP to provide guidance on Decree 08/2020/ND-CP regarding the organization and operation of bailiff.
Vietnam: Bailiff apprentices may change their apprenticeship organizations (Illustrative photo)
In Article 11 of Circular 05/2020/TT-BTP, the regulations on changing apprenticeship organizations by bailiff apprentices in Vietnam are provided as follows:
- The Bailiff Office accepting the apprentice temporarily suspends or shuts down operations according to the provisions of Articles 29 and 30 of Decree No. 08/2020/ND-CP, or no longer qualifies for accepting apprentices according to Clause 1, Article 9 of Circular 05/2020/TT-BTP;
- There is a charge in mentor according to the regulations in Article 10 of this Circular, and the Bailiff Office does not have another bailiff qualified to guide the apprentice;
- The apprentice changes their residence or workplace to another province or municipality and wishes to change their apprenticeship organization.
The change of apprenticeship organization within the same province or municipality is carried out by Point a, Clause 2, Article 8 of Decree 08/2020/ND-CP.
In the case of changing apprenticeship organizations to another province or municipality, the apprentice shall register the apprenticeship according to Clause 1, Article 8 of Decree 08/2020/ND-CP. The apprenticeship registration application must be accompanied by the apprenticeship diary, the apprenticeship result report with comments and confirmation of the apprenticeship process at the previous Bailiff Office, and a written notification from the Department of Justice where the apprenticeship was previously registered according to Point b, Clause 2, Article 8 of Decree 08/2020/ND-CP.
Note: When an apprentice changes their apprenticeship organization, the apprenticeship period is calculated as the total apprenticeship period at the various Bailiff Offices. The apprenticeship period at each Bailiff Office must be at least 02 months, with confirmation from the accepting Bailiff Office for it to be counted into the total apprenticeship period.
More details can be found in Circular 05/2020/TT-BTP effective from October 12, 2020.
Thuy Tram
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