09 Cases in which bailiff’s reports are not produced in 2022 in Vietnam

09 Cases in which bailiff’s reports are not produced in 2022 in Vietnam (Source: internet)

1. What is a bailiff’s report?

According to Clause 3, Article 2 of Decree 08/2020/ND-CP, “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization in accordance with the provisions of Decree 08/2020/ND-CP.

2. 09 Cases in which bailiff’s reports are not produced in 2022 in Vietnam

09 Cases in which bailiff’s reports are not produced in 2022 in Vietnam is specified in Article 37 of Decree 08/2020/ND-CP, including:

- The cases specified in Clause 4, Article 4 of Decree 08/2020/ND-CP, specifically:

Accepting tasks relating to their rights and benefits or their relatives’ rights and benefits, including: Spouses, biological children, adopted children; biological parents, biological siblings, grandparents, aunts, or uncles of bailiffs or bailiff’s spouses; biological nieces or nephews of bailiffs.

-  Violation of regulations on national security and defense, including: Violating national security and defense targets; disclosing classified information, spreading news, materials, items considered classified items; violating regulations on entering, exiting, or moving in restricted areas, protected areas, safety perimeters of national defense and security structures, and military zones; violating regulations on protecting classified information, national defense and security structures and military zones.

- Violation of private lives, personal secrets, family secrets according to Article 38 of the Civil Code; contradiction to social morals.

- Verification of details, signing in contracts or transactions which belong to notary or certification field as regulated by the law; verification of adequacy, legitimacy, adherence to social morals of documents translated from Vietnamese to foreign languages and vice versa; verification of signatures, certification of copies from original copies.

- Acknowledgement of events, affairs in order to transfer use right, ownership of land and/or assets that lack certificate of use right, ownership as per the law.

- Acknowledgement of events, affairs in order to conduct illegal transactions of solicitors.

- Acknowledgement of events, affairs of officials, public officials, commissioned officers, non-commissioned officers, employees, public employees in agencies, entities affiliated to the People’s Army, commissioned officers, non-commissioned officers in agencies, entities affiliated to the People’s Public Security in the performance of their duty.

- Acknowledgement of events, affairs without witnessing said events, affairs personally.

- Other cases according to regulations and law.

3. Format and basic details of bailiff’s report in Vietnam

- Bailiff’s report shall be made in Vietnamese language and contain the following basic details:

+ Name and address of bailiff office; full name of bailiff who produces bailiff’s report;

+ Location and time of producing bailiff’s report;

+ Full name and address of individual soliciting bailiff’s report;

+ Full name of other participants (if any);

+ Details of bailiff’s report solicitation; details of recorded events, affairs;

+ Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;

+ Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).

- Bailiff’s reports that have 2 or more pages must be numbered individually and bear adjoining seals; number of original copies of each bailiff's report shall be agreed upon by the parties.

-  Bailiff’s reports can be accompanied by documentary evidence; documentary evidence produced by bailiffs must conform to entitlement and scope as prescribed.

Diem My

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