Here is the notable content of Decree 08/2020/ND-CP regarding the organization and activities of judicial officers, replacing Decree 61/2009/ND-CP and officially taking effect from February 24, 2020.
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To be specific, according to Decree 08, a "vi bang" is a document that records actual events or actions directly witnessed by the Bailiff, created at the request of individuals, agencies, or organizations as stipulated by this Decree.
The "vi bang" serves as evidence for the Court to consider when resolving civil and administrative cases according to the law; it is a basis for transactions among agencies, organizations, and individuals as stipulated by law. However, the "vi bang" does not replace notarized documents, authenticated documents, or other administrative documents. (This is a new provision outlined in Decree 08, whereas Decree 61/2009/ND-CP did not regulate this issue)
During the process of evaluating and considering the evidentiary value of the "vi bang", if deemed necessary, the People’s Court and the People's Procuracy may summon the Bailiff, agencies, organizations, or other individuals to clarify the authenticity of the "vi bang". The Bailiff, agencies, organizations, or other individuals must be present when summoned by the Court or People's Procuracy.
Thus, according to this regulation, the "vi bang" can be used as a source of evidence for the Court to resolve civil and administrative cases, but it cannot substitute notarized, authenticated, or other administrative documents.
Also, according to this Decree, when requesting the creation of a "vi bang", the requester must agree in writing with the Head of the Bailiff's Office about the creation of the "vi bang" with the main contents including: Content of the "vi bang" to be created; Location, time of creating the "vi bang"; Cost of creating the "vi bang"; and Other agreements (if any). The agreement to create the "vi bang" is made in 02 copies, each party keeps 01 copy.
The "vi bang" must be in Vietnamese and must include the following main contents:
- Name, address of the Bailiff's Office; name of the Bailiff who creates the "vi bang";- Location, time of creating the "vi bang";- Name, address of the requester of the "vi bang";- Name of other participants (if any);- Content of the "vi bang" request; specific content of events or actions recorded;- The Bailiff's statement of honesty and objectivity in creating the "vi bang";- Signature of the Bailiff, seal of the Bailiff's Office, signature or fingerprint of the requester, other participants (if any), and the person whose actions are recorded (if they request).
If the "vi bang" has more than 02 pages, each page must be numbered sequentially; if the "vi bang" consists of more than 02 sheets, it must be sealed across the sheets; the number of original copies of each "vi bang" shall be agreed upon by the parties.
Read more: Bailiffs officially allowed to create "vi bang" nationwide
Nguyen Trinh
