Vietnam: Eligibility requirements for Bailiff Offices to receive and guide bailiff apprentices

On August 28, 2020, 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.

Enforcement  Officer,  Circular  05/2020/TT-BTP

Vietnam: Eligibility requirements for Bailiff Offices to receive and guide bailiff apprentices (Illustrative image)

According to Article 9 of Circular 05/2020/TT-BTP, the eligibility requirements for Bailiff Offices to receive and guide bailiff apprentices are specified as follows:

  1. The Bailiff Office receiving bailiff apprentices must have a bailiff eligible for guiding apprentice as stipulated in section 2 below.

  2. The bailiff mentor must have at least 02 years of experience in practicing as a bailiff. A bailiff who has been administratively sanctioned in their professional activities can act as a bailiff mentor 01 year after the date of completing the administrative sanction decision. At any given time, a bailiff cannot guide more than 03 apprentices.

  3. A bailiff must refuse to guide apprentices if he/she does not meet the conditions stipulated in clause 2 of this Article; as stipulated in points a and b, clause 1, Article 10 of Circular 05/2020/TT-BTP; if he/she is temporarily suspended from practice; or for health reasons or other objective reasons.

A bailiff who refuses to guide apprentices according to this clause must notify in writing the Bailiff Office receiving bailiff apprentices. The Bailiff Office receiving bailiff apprentices must assign another qualified bailiff to guide the apprentice; if there is no other qualified bailiff in the office, a written notification must be sent to the Department of Justice. Within 07 working days from the date of receiving the notification from the Bailiff Office, the Department of Justice must designate another Bailiff Office to receive the apprentice; if no Bailiff Office meets the eligibility requirements to receive the apprentice, a written notification with a clear explanation must be sent to the apprentice.

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

Thuy Tram

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