Who is the enforcer? What criteria for appointment of an enforcer in Vietnam?

Who is the enforcer? What criteria for appointment of an enforcer in Vietnam? (Source: internet)

1. Who is an enforcer?

Enforcers are persons tasked by the State to enforce judgments and rulings in accordance with the Law on Civil Judgment Execution.

- Enforcers have three ranks, including:

+ Junior enforcers;

+ Intermediate-level enforcers;

+ Senior executive.

- Enforcers shall be appointed by the Justice Minister of Vietnam.

2. Criteria for appointment of enforcers in Vietnam

2.1. General standards of enforcers:

Vietnamese citizens may be appointed as enforcers have the following :

- Loyalty to the Fatherland;

- Honesty, non-corruptible, possess good ethical quality;

- Possess a bachelor's degree in law or higher;

- Have health to complete assigned tasks.

2.2. Criteria for appointment of junior enforcers

Persons who fully satisfy the criteria in (2.1), and the following conditions may be appointed as junior enforcers:

- Having been engaged in legal work for 3 years or more;

- Having been trained in civil judgment enforcement profession;

- Passing the examination for selection of junior enforcers.

2.3. Criteria for appointment of intermediate-level enforcers

Persons who fully meet the criteria in (2.1) and fully meet the following conditions may be appointed as intermediate-level enforcers:

- Having worked as junior enforcers for 5 years or more;

- Passing the examination for selection of intermediate-level enforcers.

2.4. Criteria for appointment of senior enforcers

A person who fully meets the criteria in (2.1) and fully meets the following conditions   may be appointed as intermediate-level enforcers:

- Having worked as intermediate-level enforcers for 5 years or more;

- Passing the examination for selection of senior enforcers.

2.5. Criteria for appointing military enforcers

- Persons who fully meet the criteria in item (2.1) and are army officers in active service may be appointed as military enforcers.

- Criteria for persons to be appointed as military junior enforcers, intermediate-level enforcers and senior enforcers are as specified in (2.2), (2.3), (2.4).

2.6. Some cases of appointment of special executors

- Incumbent judges, procurators and investigators who are transferred to civil judgment enforcement agencies and meet the criteria in Section (2.1) may be appointed as an enforcer of the equivalent rank without passing the entrance exam.

- In special cases due to the need to appoint heads and deputy heads of civil judgment enforcement agencies who fully meet the criteria in item (2.1) and:

+ Having worked in law for 5 years or more, he or she may be appointed as a junior enforcer;

+ Having 10 years of experience in law work or more may be appointed intermediate-level enforcers;

+ Having 15 years of experience in law work or more may be appointed as a senior enforcer without passing the entrance exam.

(Articles 17 and 18 of the Law on Civil Judgment Execution 2008, revised in 2014)

Diem My

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