06 regulations on the Attorney General's Office in Vietnam

06 regulations on the Attorney General's Office in Vietnam

1. In what type of organization is the bailiff's office in Vietnam?

The Attorney General's Office may be organized in the following ways:

- The bailiff's office established by 01 bailiff is organized in the form of a private enterprise.

- The bailiff's office established by 02 or more bailiffs is organized in the form of a partnership company.

2. Naming of the Attorney General's Office in Vietnam

The name of the Attorney General's Office must include: the phrase "The Attorney General's Office" and the following proper name.
 
The naming and affixing of signs must comply with the provisions of law, must not coincide or cause confusion with the name of other Attorney's Office nationwide, and must not violate historical and cultural communication. , morality and fine customs of the nation.

3. Member of the Attorney General's Office in Vietnam

- The legal representative of the Attorney General's Office is the Head of the Attorney General's Office.

The Head of the Attorney General's Office must be the Attorney General.

- A bailiff's office may have a bailiff who is a general partner, a bailiff working under a labor contract and a professional secretary.

The professional secretary helps the bailiff perform legal operations according to regulations.

Professional secretaries of bailiffs must have the standards specified in Clause 1, Article 6 of Decree 08/2020/ND-CP, must have an intermediate degree in law or higher and not fall into one of the specified cases. in Article 11 of Decree 08/2020/ND-CP.

4. Financial regime, seal of the Attorney General's Office in Vietnam

- The bailiff's office has its own headquarters, seal and account, operating on the principle of financial autonomy.

- The seal of the Attorney General's Office does not have the national emblem. The Attorney General's Office can engrave and use its seal after being granted an Operation Registration Certificate. Procedures and dossiers for registration of seal samples, management and use of seals by the Attorney General's Office shall comply with the law on seals.

- The financial regime of the bailiff's office shall comply with the financial regime of the respective type of enterprise as prescribed by law.

5. Can a bailiff's office in Vietnam open a branch or representative office?

- The bailiff's office may not open a branch, representative office, establishment or transaction location outside the head office of the bailiff's office;

- The bailiff's office is not allowed to carry out production, business and service activities outside the scope of operations of the bailiff according to the provisions of Decree 08/2020/ND-CP.

6. Information and reporting regime of the Attorney General's Office in Vietnam

- The Attorney General's Office is responsible for reporting every 6 months and annually to the Department of Justice where it is headquartered on its organization and operation.

Annually, the Department of Justice is responsible for reporting to the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial-level People's Committees) and the Ministry of Justice on the organization and operation of the Department of Justice local playback.

The Attorney General's Office shall make irregular reports at the request of the Department of Justice and the Ministry of Justice; The Department of Justice shall make ad-hoc reports at the request of the People's Committee of the province and the Ministry of Justice.

- The bailiff's office shall make reports to serve the inspection, examination, supervision and supervision of operations, financial and tax management in accordance with law.

Legal basis: Articles 17, 20 of Decree 80/2020/ND-CP.

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