Vietnam: What are the guidelines for change of bailiff mentor during the bailiff apprenticeship period?

Vietnam: What are the guidelines for change of bailiff mentor during the bailiff apprenticeship period? (Illustrative image)

According to Circular 05/2020/TT-BTP, the change of bailiff mentor during the bailiff apprenticeship period is conducted as follows:

1. Bailiff apprentices in Vietnam request to change the bailiff mentor during the bailiff apprenticeship period in the following cases:

- Bailiff mentor does not fully perform the responsibilities as prescribed in Article 14 of this Circular;

- Bailiff mentor is administratively sanctioned for violations in the bailiff practice;

- Bailiff mentor is temporarily suspended from practice; has a decision of dismissal or revocation of the Bailiff Card;

- Bailiff mentor dies; due to health reasons or other objective reasons, is unable to continue guiding the apprenticeship.

2. Procedures for change of bailiff mentor during the bailiff apprenticeship period

- Within 07 working days from the date of receiving the request to change bailiff mentor, the Bailiff Office assigns another qualified bailiff to continue guiding the apprentice and informs the Department of Justice in writing.

- In case the Bailiff Office does not have another qualified bailiff to guide the apprenticeship, it must notify in writing the Department of Justice. Within 07 working days from the date of receiving the notification, the Department of Justice assigns another Bailiff Office to take in the apprentice; if no Bailiff Office is qualified to accept the apprentice, a written notification stating the reason must be given to the apprentice.

- Within 05 working days from the date the Bailiff Office suspends or terminates its operation as prescribed in Articles 29 and 30 of Decree No. 08/2020/ND-CP, the apprentice negotiates with another Bailiff Office to continue the apprenticeship and the receiving Bailiff Office must notify the Department of Justice where its head office is located in writing; if an agreement is not reached, a written request must be submitted to the Department of Justice for assignment to another Bailiff Office. Within 07 working days from the date of receiving the written request, the Department of Justice assigns another Bailiff Office to take in the apprentice; if no Bailiff Office is qualified to accept the apprentice, a written notification stating the reason must be given 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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