Cases of bailiff being removed in Vietnam

Cases of bailiff being removed in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of bailiff being removed in Vietnam

According to Clause 2, Article 13 of Decree 08/2020/ND-CP,  a bailiff shall be removed when:

- He/she is no longer eligible according to Article 6 of Decree 08/2020/ND-CP save for age conditions:

+ Is a Vietnamese national, not older than 65 years old, residing in Vietnam, properly adhering to the Constitutions and the laws, and possessing good moral virtues.

+ Has undergraduate or post-graduate degrees in law.

+ Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.

+ Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 of Decree 08/2020/ND-CP.

+ Qualifies in bailiff apprenticeship exam.

- He/she falls under any of the cases specified in Clause 1 and Clause 8 Article 11 of Decree 08/2020/ND-CP:

Persons with limited legal capacity or incapacitated; having difficult in cognition and/or behavior control as per the Civil Code.

Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.

- He/she does not register and practice bailiff for 1 year from the date of assignment; or

- He/she has not been practicing bailiff for at least 2 consecutive years; or

- The reason for suspension remains past the maximum time limit mentioned under Clause 2 Article 2 of Decree 08/2020/ND-CP; or

- He/she seriously violates code of professional ethics of bailiff; commits administrative violations after being met with administrative penalties for the second time in bailiff profession; or

- He/she works as a notary official, lawyer, valuation official, asset auction official, asset management and liquidation official while holding bailiff position; or

- He/she is sentenced by a legally effective judgment issued by the court.

2. Regulations on removal of bailiff on his/her own volition in Vietnam

According to Clause 1, Article 13 of Decree 08/2020/ND-CP, a bailiff shall be removed on his/her own volition.

- The bailiff shall submit application for removal to Department of Justice in writing or via post service where he/she registers. Application consists of: Application form regulated by Minister of Justice; certified true copies or copies accompanied by original copies of Decision on bailiff assignment.

- Within 10 days from the date on which adequate applications are submitted, the Department of Justice shall request Minister of Justice in writing to remove the bailiff and attach application for removal.

- Within 15 days from the date on which application and written request for bailiff removal of Department of Justice are received, Minister of Justice shall consider and issue decision on bailiff removal.

3. Competence and procedures for removal of bailiff in Vietnam

Pursuant to Clauses 3 and 4, Article 13 of Decree 08/2020/ND-CP stipulating the competence and procedures for removal of bailiffs are as follows:

- Minister of Justice shall remove a bailiff at request of Department of Justice where the bailiff registers or whenever there are grounds for presuming that the bailiff falls under any of the cases mentioned under Section 1.

- Department of Justice is responsible for reviewing and inspecting operation of bailiff in their province or city. Within 10 days from the date on which there are grounds for presuming that a bailiff falls under cases under Section 1, Department of Justice shall request Ministry of Justice in writing to remove bailiff and attach documents serving as a prelude for removal request.

Within 20 days from the date on which application and documents serving as a prelude for removal request of Department of Justice are received, Minister of Justice shall consider and issue decision on bailiff removal. If necessary, Minister of Justice shall request Department of Justice and relevant authorities to verify or verify grounds for removal in accordance with regulations and law.

Ho Quoc Tuan

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