Who are enforcers? Criteria for appointment of enforcers in Vietnam

Who are enforcers? Criteria for appointment of enforcers in Vietnam (Internet image)

1. Who are enforcers?

Article 17 of the Law on Enforcement of Civil Judgments 2008 amended in 2014 stipulates enforcers as follows:

- Enforcers are persons tasked by the State to enforce judgments and rulings prescribed in Article 2 of the Law on Enforcement of Civil Judgments 2008 amended in 2014. Enforcers have three ranks: junior enforcer, intermediate-level enforcer and senior enforcer.

- Enforcers shall be appointed by the Justice Minister.

2. Criteria for appointment of enforcers in Vietnam

Pursuant to Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014, the criteria for appointment of enforcers are as follows:

2.1.  Criteria for appointment of enforcers in Vietnam

Citizens who meet the following conditions may be appointed as an enforcer:

- Vietnamese citizens who are loyal to the Fatherland;

- Who are honest, non-corruptible, possess good ethical quality;

- Who have law bachelor or higher degree;

- Who have good health to fulfill assigned tasks.

Note: Persons who fully meet the criteria specified in Section 2.1 and active military officers shall be appointed as enforcers in the army.

(Clause 1, Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

2.2. Criteria for appointment of junior enforcers in Vietnam

Persons who fully satisfy the criteria specified in Section 2.1, and the following conditions may be appointed as junior enforcers:

- Having been engaged in legal work for 3 years or more;

- Having been trained in civil judgment enforcement profession;

- Passing the examination for selection of junior enforcers.

(Clause 2, Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

2.3. Criteria for appointment of intermediate-level enforcers in Vietnam

Persons who fully satisfy the criteria specified in Section 2.1, and the following conditions may be appointed as intermediate-level enforcers:

- Having worked as junior enforcers for 5 years or more;

- Passing the examination for selection of intermediate-level enforcers.

(Clause 3, Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

2.4. Criteria for appointment of senior enforcers in Vietnam

A person who fully meets the criteria specified in Section 2.1 and fully meets the following conditions shall be appointed as a senior enforcers:

- Having worked as intermediate-level enforcers for 5 years or more;

- Passing the examination for selection of senior enforcers.

(Clause 4, Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

2.5. Criteria for appointment of enforcers

Criteria for persons to be appointed as military primary-level enforcers, intermediate- level enforcers and high-level enforcers are prescribed in Section 2.2, 2.3 and 2.4.

(Clause 5, Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

* Note:

- Incumbent judges, procurators and investigators who are transferred to civil judgment enforcement agencies or those who have once act as enforcers but are now assigned to perform other tasks and fully satisfy the criteria specified in Clause 1 of Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014 may be appointed as enforcers of equivalent ranks without having to pass an examination.

- In special cases due to the demand for appointment of heads and deputy heads of civil judgment enforcement agencies, persons who fully satisfy the criteria specified in Clause 1 of Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014 and have been engaged in legal work for 5 years or more;

10 years or more or 15 years or more may be appointed as primary-level, intermediate-level or high-level enforcers, respectively, without having to pass an examination.

(Clause 6,7 of Article 18 of the Law on Enforcement of Civil Judgments 2008 amended in 2014)

Ngoc Nhi

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