Regulations on bailiff organization and operation in Vietnam

 Regulations on bailiff organization and operation in Vietnam (Illustration Image)

1. What is an bailiff in Vietnam?

An bailiff is a person who meets the required standards and is appointed by the State to perform service of process, draw up minutes, verify conditions for civil judgment execution, organize civil judgment execution as prescribed by Decree 08/2020/ND-CP and relevant laws. Specifically:

- Service of process is the act of notifying, delivering, and receiving documents, records, or materials;- Minutes are documents recording real events and actions.

2. Exemption from bailiff refresher training with one of the following documents

According to Article 5 of Circular 05/2020/TT-BTP, if one of the following documents is available, the individual will be exempt from bailiff refresher training:

- Decision on the Appointment of a Judge, Auditor, Bailiff, Investigator, Judge Identification Card, Auditor Identification Card, Bailiff Card, Investigator Certificate accompanied by documents proving experience of 5 years or more in the respective roles;

- Lawyer's Practice Certificate, Decision on Appointment or Reappointment of Public Notary, Lawyer Card, Public Notary Card accompanied by documents proving 5 years or more of legal or notary practice;

- Decision on Appointment of the Titles of Professor, Associate Professor of Law; Doctorate in Law, if the doctorate is awarded by a foreign educational institution, it must be recognized in accordance with the regulations of the Ministry of Education and refresher training;

- Decision on Appointment of Principal, Senior Judge Inspector in the court sector, Principal, Senior Auditor in the prosecutor sector, Principal, Senior Judge Inspector in the civil judgment enforcement sector; Senior Inspector, Senior Specialist, Principal Researcher, Senior Lecturer in the field of law;

- Other documents proving exemption from bailiff refresher training as prescribed by law.

3. 02 cases exempt from annual bailiff refresher training in Vietnam

According to Article 6 of Circular 05/2020/TT-BTP, the requirements for annual refresher training of bailiffs are detailed as follows:

- Minimum refresher training duration: 2 working days/year (16 hours/year).

- Refresher training content: updating and supplementing knowledge of bailiff laws, civil judgment execution, litigation and related laws; improving professional skills, professional ethics; addressing difficulties encountered in practice.

- Exemptions from the obligation to participate in refresher training in the following two cases:

- Female bailiffs who are pregnant or nursing children under 12 months of age;

- Bailiffs undergoing prolonged treatment at medical facilities for illnesses listed in the long-term treatment catalog by the Ministry of Health for 3 months or more, with certification from a healthcare authority at the district level or equivalent.

Note: The bailiffs belonging to one of the above two cases must submit proof documents to the Department of Justice where they are registered for practice.

4. 03 cases of changing the place of bailiff practice in Vietnam

According to Article 11 of Circular 05/2020/TT-BTP, a change in the place of bailiff practice can occur in the following cases:

- The bailiff Office accepting the intern temporarily suspends operations, ceases operations as prescribed in Articles 29 and 30 of Decree 08/2020/ND-CP, or no longer meets the conditions for accepting interns as stipulated in Clause 1, Article 9 of this Circular;

- Changing the supervising bailiff as per Article 10 of this Circular and the bailiff Office has no other qualifying bailiff available for supervision;

- The intern changes their place of residence or work to another province or city under central authority and wishes to change the place of apprenticeship.

5. Cases of Termination of bailiff apprenticeship

An apprenticeship may be terminated in the following cases:

- Voluntary termination of apprenticeship;

- Recruited as officials or public employees, officers, professional soldiers, employees, public defense employees in agencies or units under the People's Army; officers, professional non-commissioned officers in agencies or units under the People's Public Security;

- No longer residing permanently in Vietnam;

- Losing or having restricted civil act capacity; having difficulties in cognition and behavior control as per the Civil Code;

- Being prosecuted for criminal liability;

- Being convicted and the judgment has come into legal effect;- Being subjected to administrative measures of compulsory detoxification, compulsory education as per the provisions of the law on administrative violation;

- Temporarily suspending the apprenticeship beyond the prescribed number of times or the apprenticeship suspension period has expired without resuming the apprenticeship;

- Being terminated from the apprenticeship as prescribed in Clause 1, Article 16 of Circular 05/2020/TT-BTP;

- Belonging to the cases prohibited from registering for the bailiff apprenticeship as stipulated in Clause 6, Article 8 of Decree 08/2020/ND-CP while still conducting the apprenticeship.

Note: The apprenticeship period prior to the termination will not be included in the total apprenticeship duration.

Thuy Tram

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