This is a notable content in Decree 08/2020/ND-CP on the organization and operation of Bailiffs, which officially takes effect from February 24, 2020.
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To be specific, according to Article 21 of this Decree, the establishment of a Process Server's Office must be based on the following criteria:
- The socio-economic conditions of the district-level area where the establishment of the Process Server's Office is anticipated;- The number of cases handled by Courts and civil enforcement agencies in the district-level area where the establishment of the Process Server's Office is anticipated;- The population density and the needs of the people in the district-level area where the establishment of the Process Server's Office is anticipated;- Not more than 02 Process Server's Offices in one district-level administrative unit such as a district, city under the province, or district-level town; not more than 01 Process Server's Office in one district-level administrative unit such as a county.
Thus, according to this regulation, from February 24, 2020, each district, city under the province, or district-level town will have no more than 02 Process Server's Offices, and each county will have no more than 01 Process Server's Office. This is a completely new regulation in Decree 08 compared to Decree 61. Previously, Decree 61 only stipulated that the establishment of a Process Server's Office must meet conditions such as having an office with sufficient space for operations, for storing documents, and being convenient for customers; having other necessary physical conditions for operations; and having an organizational structure as stipulated in Clause 3, Article 15 of Decree 61.
Also according to this Decree, from February 24, 2020, Process Servers are officially allowed to record events and real actions upon the request of agencies, organizations, or individuals nationwide, except for cases where recording is prohibited. Previously, under Decree 61 and Decree 135/2013/ND-CP amending and supplementing several articles of Decree 61, Process Servers were only authorized to record events and actions occurring in the province or city directly under the Central Government where the Process Server's Office was located.
Nguyen Trinh
