Vietnam: Procedures for suspension and termination of bailiff apprenticeship

Vietnam: Procedures for suspension and termination of bailiff apprenticeship (Illustrative image)

Article 12 of Circular 05/2020/TT-BTP prescribes the procedures for suspension and termination of bailiff apprenticeship in Vietnam as follows:

1. Procedures for suspension of bailiff apprenticeship

- A bailiff apprentice may suspend their apprenticeship if there are justified reasons. A person with an apprenticeship period of 6 months can suspend apprenticeship up to 2 times, each time not exceeding 3 months; a person with an apprenticeship period of 3 months can suspend apprenticeship up to 1 time, not exceeding 3 months. The suspension period is not included in the apprenticeship period.

- The apprenticeship period before apprenticeship suspension is included in the total apprenticeship period, except for the case of re-registration of apprenticeship.

- Within 3 working days from the date of receiving written notice from the apprenticeship about the apprenticeship suspension and within 3 working days from the end date of the apprenticeship suspension period, the Bailiff's Office must notify in writing the Department of Justice where the office is located to monitor the apprenticeship suspension.

2. Procedures for termination of bailiff apprenticeship

The cases of termination of Bailiff apprenticeship in Vietnam include:

- Self-termination of apprenticeship;
- Being recruited as officials and public employees, officers, professional soldiers, workers, national defense public employees in agencies, units under the People's Army; officers, non-commissioned officers of operations, officers, non-commissioned technical officers in agencies, units under the People's Public Security;

- No longer residing permanently in Vietnam;

- Losing or having limited civil act capacity; having difficulty in cognition, managing behavior according to the provisions of the Civil Code;

- Being prosecuted for criminal liability;

- Being convicted and the judgment has taken legal effect;

- Being subjected to administrative handling measures of compulsory drug rehabilitation centers, and compulsory education establishments according to the provisions of the law on handling administrative violations;

- Suspending apprenticeship more than the prescribed number of times or after the apprenticeship suspension period as stipulated in Clause 1, Article 12 of Circular 05/2020/TT-BTP without continuing apprenticeship;

- Being terminated apprenticeship according to the provisions in Clause 1, Article 16 of Circular 05/2020/TT-BTP;

- Falling into cases not allowed to register for Bailiff apprenticeships stipulated in Clause 6, Article 8 of Decree 08/2020/ND-CP yet still practicing apprenticeship.

Note: The apprenticeship period before terminating the apprenticeship is not included in the total apprenticeship period.

3. Re-registration for Bailiff apprenticeship

Persons whose Bailiff apprenticeship is terminated their Bailiff apprenticeship may re-register when satisfying the apprenticeship registration conditions as stipulated in Article 8 of Decree 08/2020/ND-CP, this Circular and falling into one of the following cases:

- The reason for termination of apprenticeship as stipulated in points a, b, c, d, dd, and h, Clause 2, Article 12 of Circular 05/2020/TT-BTP no longer exists;

- They have completed the sentence and the criminal record has been expunged, except for the case of being convicted of crimes related to asset appropriation, profiteering, fraud, deceit, infringing upon national security, serious crimes, very serious crimes, particularly serious intentional crimes, even if the criminal record has been expunged;

- They have completed the administrative handling measures of compulsory drug rehabilitation centers, and compulsory education establishments according to the provisions of the law on handling administrative violations;

- After 1 year from the effective date of the decision to terminate the apprenticeship according to the provisions of Clause 1, Article 16 of Circular 05/2020/TT-BTP.

Re-registration for apprenticeship is carried out according to the provisions in Clause 1, Article 8 of Decree 08/2020/ND-CP. The re-registration dossier includes the documents stipulated in Clause 1, Article 8 of Decree 08/2020/ND-CP and documents proving the applicant belongs to the eligible cases for re-registration.

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

Thuy Tram

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