Administrative sanctions for violation against regulations on operation of bailiff office in Vietnam

Administrative sanctions for violation against regulations on operation of bailiff office in Vietnam (Internet image)

Regulations of bailiff office in Vietnam

According to the provisions of Article 17 of Decree 08/2020/ND-CP on bailiff office:

- Bailiff offices are practicing organizations of bailiffs in which bailiffs conduct assigned tasks as per this Decree and relevant law provisions.

A bailiff office established by a bailiff shall be organized as a sole proprietorship. A bailiff office established by at least 2 bailiffs shall be organized as a partnership company.

- Name of bailiff offices must include the phrase “Văn phòng Thừa phát lại” (Bailiff office) followed by a formal name. Selection of formal name and installation of signboards must conform to regulations and law without sharing or mixing up with other bailiff office in Vietnam and without violating history, culture, ethics, and traditions.

- legal representatives of bailiff offices are directors of bailiff offices. Directors of bailiff offices must also be bailiff offices.

Bailiff offices may include partner bailiffs, bailiffs under employment contracts, and professional secretaries.

Professional secretaries shall assist bailiffs in legal affairs. Professional secretaries must satisfy eligibility under Clause 1 Article 6 of Decree 08/2020/ND-CP, have intermediate law degree or higher, and not fall under any of the cases under Article 11 of Decree 08/2020/ND-CP.

- Bailiff offices shall have their own head offices, seals, and accounts and operate on a financial autonomy basis.

Seals of bailiff offices must not bear the national emblem. Bailiff offices can forge and use seals after obtaining license to operate. Application for seal registration, management, and use of bailiff offices shall conform to regulations and law on seals.

Finance of bailiff offices shall conform to financial regulations applicable to respective form of enterprises as per the law.

- Bailiff offices are not allowed to open branches, representatives, facilities, trade locations outside their head offices; conduct manufacturing, trading, service activities beyond the scope of bailiffs as per Decree 08/2020/ND-CP.

Violation against regulations on operation of bailiff office in Vietnam

According to Article 33 of Decree 82/2020/ND-CP stipulating the fines for violations of regulations on operation of bailiff offices in Vietnam as follows:

- A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

+ Failure to post up the working schedule or rules for receiving the requester at the bailiff office;

+ Failing to list procedures or costs for performing work at the bailiff office;

+ Making, managing, and using books and forms in contravention of regulations;

+ Inadequately implementing the information and reporting regime as prescribed; failing to comply fully with the requirements of competent agencies on reporting in service of inspection, examination, supervision, and supervision;

+ Using signboards not in accordance with the prescribed form;

+ Failing to guarantee the uniform for the bailiff according to regulations;

+ Storing work records improperly.

- A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:

+ Failing to create conditions for bailiffs to participate in professional training;

+ Serving papers, records, and documents outside the scope or not according to authority;

+ Accepting a probationary period as a bailiff, but the bailiff office is ineligible for probation as prescribed;

+ Making a license without a service contract or a service contract with incorrect content;

+ Sending micro-degrees and evidencing documents to the Department of Justice for registration outside the prescribed time limit.

- A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

+ No signboards as prescribed;

+ Failing to make, manage, and use books and forms according to regulations;

+ Failure to comply with the information and reporting regime as prescribed; failing to comply with the request of the competent authority for reporting in service of inspection, examination, supervision, and supervision;

+ Failing to send micro-degrees and supporting documents to the Department of Justice for registration according to regulations;

+ Collecting expenses not in accordance with regulations or higher than the level agreed in the service contract;

+ Operating at the wrong address of the head office stated in the operation registration certificate;

+ Buying professional liability insurance for bailiffs who are incomplete or intermittent.

- A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

+ Erasing, correcting, and falsifying the contents of the decision on establishment permit, operation registration certificate of the bailiff office;

+ Registering activities not on time as prescribed;

+ Carrying out production, business, and services other than redundancy;

+ Not buying professional liability insurance for the bailiff office;

+ Failing to notify the Department of Justice to remove the practice registration for the bailiff who no longer works at his office.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

+ Opening branches, representative offices, establishments, and transaction locations outside the head office of the bailiff office;

+ Failing to register practice for the bailiff of his office according to regulations;

+ Failure to register changes in name, head office address, full name of the head of the office, list of bailiffs in partnership, list of bailiffs working under the contract regime of their offices as prescribed;

+ For a person who is not a bailiff of his office to practice as a bailiff in the name of his office;

+ Allowing other people to use the decision on establishment permission, operation registration certificate of the bailiff office to operate the bailiff.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for acts of bailiff operation without being eligible for bailiff operation as prescribed.

In addition, the provisions of Clause 7 Article 33 of Decree 82/2020/ND-CP on additional sanctions for violations of regulations on the operation of bailiff offices are as follows:

+ Suspend operation from 01 to 03 months for violations specified at Point e, Clause 3, Article 33 of Decree 82/2020/ND-CP;

+ Suspend operation from 03 to 06 months for violations specified at Point c, Clause 4, Points a and d, Clause 5, Article 33 of Decree 82/2020/ND-CP;

+ Deprive the right to use the operation registration certificate from 6 months to 9 months, for violations specified at Point dd, Clause 5, Article 33 of Decree 82/2020/ND-CP;

+ Confiscation of material evidence is the decision to permit the establishment, the operation registration certificate has been erased or corrected, falsifying the contents, for the violations specified at Point a, Clause 4, Article 33 of Decree 82/2020/ND-CP.

In addition, according to Clause 8, Article 33 of Decree 82/2020/ND-CP, remedial measures for violations of regulations on operation of bailiff offices include:

- Proposing competent agencies, organizations, and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified at Point a, Clause 4, Article 33 of Decree 82/2020/ND-CP.

- Forcible return of illegal profits obtained from committing violations specified at Point dd, Clause 3, Points a, d, and dd, Clause 5, Clause 6, Article 33 of Decree 82/2020/ND-CP

Thus, violations of regulations on the operation of the bailiff office, the fine can be up to 50,000,000 VND.

When falling into the case specified in Clause 7, Clause 8, Article 33 of Decree 82/2020/ND-CP, it will force the implementation of additional sanctions and remedial measures as prescribed.

Nguyen Pham Nhut Tan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE