Vietnam: Bailiff may be exempted from participating in annual professional retraining courses

Vietnam: Bailiff may be exempted from participating in annual professional retraining courses (Illustrative photo)

Under Article 6 of Circular 05/2020/TT-BTP on the annual professional retraining for Bailiff in Vietnam:

- Time: Minimum of 02 working days/year (16 hours/year).

- The content of Bailiff professional retraining in Vietnam includes one or several of the following issues: updating and supplementing legal knowledge about Bailiffs, enforcement of civil judgments, legal proceedings, and related laws; retraining and enhancing Bailiff professional skills and ethics; methods to solve difficulties and obstacles in the process of practicing as Bailiff.

- Certification:

- The Judicial Academy of Vietnam conducts professional retraining for Bailiffs according to the content specified in clause 2, Article 6 of Circular 05/2020/TT-BTP and issues a certificate of completion of professional retraining for Bailiffs.

- Based on the actual situation in the locality, the Department of Justice organizes and implements professional retraining for Bailiffs according to the content specified in clause 2 of this Article and issues a certificate of completion of professional retraining for Bailiffs.

Moreover, Bailiff is recognized as completing the professional retraining if, during that year, they have taught Bailiff at the Judicial Academy of Vietnam, or have taught in a Bailiff professional retraining class organized by the entities specified in clause 3, Article 6 of Circular 05/2020/TT-BTP, or have participated as a rapporteur in training programs, seminars, or symposiums on the contents stipulated in clause 2, Article 6 of Circular 05/2020/TT-BTP organized by the Department of Judicial Assistance, General Department of Civil Judgment Enforcement. The Judicial Academy of Vietnam, the Department of Judicial Assistance, the General Department of Civil Judgment Enforcement, and the Department of Justice issue certificates for bailiffs regarding their participation as lecturers or rapporteurs.

Where the Bailiff is not a rapporteur but attends training programs, seminars, or symposiums on the contents specified in clause 2, Article 6 of Circular 05/2020/TT-BTP, organized by the Department of Judicial Assistance, General Department of Civil Judgment Enforcement, 01 day of attendance is counted as 08 hours of participation in professional retraining, and attendance of 02 days or more is counted as participation in professional retraining. The Department of Judicial Assistance, General Department of Civil Judgment Enforcement issues a certification for Bailiff, indicating the number of attendance days.

- Exemption from professional retraining in the following cases:

- Female Bailiff who are pregnant or nursing children under 12 months of age.

- Bailiff undergoing long-term treatment at medical facilities for diseases listed in the list of diseases requiring long-term treatment as regulated by the Ministry of Health for 03 months or more, with a certificate issued by a district-level or higher medical authority.

Note: Bailiffs falling into any of the above cases must submit proof documents to the Department of Justice where they are registered to practice.

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

Thuy Tram

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