Decree 08/2020/ND-CP on the organization and operation of Bailiffs officially takes effect from February 24, 2020, replacing Decree 61/2009/ND-CP.
Article table of contents
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This Decree has dedicated a specific article to stipulate the cases where a bailiff is not permitted to draft a report. Specifically, there are 09 cases as follows:
Matters related to the rights and interests of themselves and their close relatives, including: Spouse, biological child, adopted child; biological father, mother, foster father, mother, paternal grandparents, maternal grandparents, uncle, aunt, uncle-in-law, aunt-in-law, and siblings of the bailiff, of the bailiff's spouse; and biological grandchildren whom the bailiff is their grandfather, grandmother, uncle, aunt, uncle-in-law, and aunt-in-law.
Violations of regulations ensuring national security and defense, including: Infringement on security and defense targets; disclosure of state secrets, dissemination of information, documents, or items classified as state secrets; violations of regulations on entrance, exit, and movement in restricted areas, protected areas, safety belts of security and defense works, and military zones; violations of regulations on protecting secrets and protection of security, defense works, and military zones.
Violations of private life, personal secrets, and family secrets as stipulated in Article 38 of the Civil Code; against social ethics.
Confirmation of the content, signing in contracts, transactions which are stipulated by law to fall under the scope of notarization, certification; confirmation of the accuracy, legality, and compliance with social ethics of translations of documents from Vietnamese to foreign languages or from foreign languages to Vietnamese; confirmation of signatures, true copies of the originals.
Recording events or actions to transfer the use rights, ownership rights of land, and properties without documents proving the use rights or ownership according to law.
Recording events or actions to carry out illegal transactions requested by the person requiring the drafting of the report.
Recording events or actions of officials and public employees, officers, professional soldiers, workers, public defense employees in agencies or units belonging to the People's Army, officers, non-commissioned officers, soldiers in agencies or units belonging to the People's Public Security while performing their duties.
Recording events or actions not directly witnessed by the bailiff.
Other cases as stipulated by law.
Previously, Decree 61 and Decree 135/2013/ND-CP only stipulated that a bailiff was not allowed to draft a report in matters related to the rights and interests of themselves and their close relatives, including: Spouse, biological child, adopted child; biological father, mother, foster father, mother, paternal grandparents, maternal grandparents, uncle, aunt, uncle-in-law, aunt-in-law, and siblings of the bailiff, of the bailiff's spouse; and biological grandchildren whom the bailiff is their grandfather, grandmother, uncle, aunt, uncle-in-law, and aunt-in-law, as well as in cases violating regulations ensuring national security and defense; violating private secrets according to Article 38 of the Civil Code; cases within the jurisdiction of notarial practice organizations or within the certification authority of the People's Committees at all levels and other cases as stipulated by law.
Thus, Decree 08 has added more cases where a bailiff is not allowed to draft a report compared to the previous regulations in Decree 61, thereby tightening the activities of bailiffs as well as ensuring that bailiffs operate according to their functions and powers.
Nguyen Trinh
