Vietnam: Responsibilities of 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.

employment  probation  for  enforcers,  Circular  05/2020/TT-BTP

Vietnam: Responsibilities of bailiff apprentices (Illustrative photo)

Article 13 of Circular 05/2020/TT-BTP stipulates the rights and obligations of bailiff apprentices in Vietnam as follows:

1. Bailiff apprentices in Vietnam have the following rights:

- Negotiate the signing of employment contracts with the Bailiff Office where they are undertaking the apprenticeship;

- Be guided by a bailiff mentor on apprenticeship content, the implementation of rights, and obligations of bailiff apprentices;

- Request changes in the mentor and the place of apprenticeship under the provisions of Articles 10 and 11 of Circular 05/2020/TT-BTP;

- Register to take the test on the apprenticeship results as stipulated in Article 9 of Decree 08/2020/ND-CP;

- Other rights as agreed with the Bailiff Office where they are undertaking the apprenticeship and under the law.

2. Bailiff apprentices in Vietnam have the following obligations:

- Comply with the provisions of the Law on Civil Judgment Execution, Decree No. 08/2020/ND-CP, this Circular, and other relevant laws;

- Comply with the regulations and rules of the Bailiff Office where they are undertaking the apprenticeship;

- Complete apprenticeship contents according to the content stipulated in Article 7 of Circular 05/2020/TT-BTP under the assignments of the mentor;

- Ensure a minimum apprenticeship time of 04 hours per working day;

- Be responsible to the mentor and the Bailiff Office where they are undertaking the apprenticeship for the results and progress of the assigned apprenticeship contents;

- Not sign the report, decisions on execution, and other documents as a bailiff;

- Keep an apprenticeship diary, and report the apprenticeship results as stipulated in Article 8 of Circular 05/2020/TT-BTP;

- Keep confidential the information about their tasks and other related information they learn during the apprenticeship;

- Other obligations as agreed with the Bailiff Office where they are undertaking the apprenticeship and under the law.

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

Thuy Tram

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