Decree 08/2020/ND-CP on the organization and operation of Bailiffs was promulgated on January 8, 2020, and officially took effect from February 24, 2020.
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The cost of serving documents, records, and materials of the Court, the People's Procuracy, civil judgment enforcement agencies is agreed upon by these agencies with the Bailiff Office in the contract specified in Clause 3, Article 33 of Decree 08 based on the cost frame specified in Clause 2, Article 62 of this Decree, specifically, a minimum of 65,000 VND per case and a maximum of 130,000 VND per case.
In case of serving documents, records, and materials outside the provincial level or in offshore islands and archipelagos outside the district level where the Bailiff Office is headquartered, the Court, People's Procuracy, civil judgment enforcement agencies agree with the Bailiff Office on the service cost, including:
- Actual incurred expenses but not exceeding travel expense policies as per legal regulations applicable to state agencies and public service providers;- Daily wage of the person performing the service but not exceeding the minimum wage for employees working in state agencies and public service providers.
Note: The above service cost also includes the implementation of public posting in cases where direct service cannot be carried out, as required by procedural law and civil judgment enforcement law.
Thus, according to this regulation, from February 24, 2020, the official cost frame for serving records, materials, and documents by Bailiffs will be a minimum of 65,000 VND per case and a maximum of 130,000 VND per case. Previously, Decree 61/2009/ND-CP did not apply this cost frame but only stipulated costs for compiling a document and verifying the execution conditions to be agreed upon by the requester and the Bailiff Office based on the work performed or hourly, and also stipulated that the Bailiff Office and the requester could agree on additional actual expenses including: travel expenses; service fees for agencies providing information if any; costs for witnesses, participants or other costs if any.
Nguyen Trinh