Cases of termination of bailiff's probation in Vietnam

Cases of termination of bailiff's probation in Vietnam (Internet image)

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

1. Who is a bailiff?

According to Clause 1, Article 2 of Decree 08/2020/ND-CP, a bailiff is a qualified person appointed by the State to serve, make a license, verify conditions for civil judgment enforcement, and organize civil judgment enforcement in accordance with this Decree and relevant laws;

2. Cases of termination of bailiff's probation in Vietnam

Specifically, in Clause 2, Article 12 of Circular 05/2020/TT-BTP, an apprentice shall terminate his/her probation in the following cases:

- Self-termination of probation;

- Being recruited as cadres, civil servants, public employees, officers, professional soldiers, workers, and defense officers in agencies and units of the People's Army; officers, professional non-commissioned officers, officers, and technical non-commissioned officers in agencies and units of the People's Public Security;

- No longer permanently residing in Vietnam;

- Loss or restricted civil act capacity; have difficulties in awareness and behavior control as prescribed by the Civil Code;

- Being prosecuted for criminal liability;

- Convicted and the judgment has taken legal effect;

- Being subject to the administrative handling measure of sending to a compulsory detoxification establishment or a compulsory education institution in accordance with the law on handling administrative violations;

- Suspending the probationary period more than the prescribed number of times, or the probationary suspension period has expired as prescribed in Clause 1, Article 12 of Circular 05/2020/TT-BTP without continuing the probationary period;

- Being terminated as a trainee according to the provisions of Clause 1, Article 16 of Circular 05/2020/TT-BTP;

- Being in the case of not being registered as a probation officer to practice as a bailiff specified in Clause 6, Article 8 of Decree 08/2020/ND-CP, but still practicing.

The probationary period before termination of the probationary period shall not be included in the total probationary period.

3. Rights and obligations of bailiff on probation in Vietnam

3.1. Rights of a bailiff on probation in Vietnam

Apprentices have the following rights:

- Agree on signing a labor contract with the Attorney General's Office for probation;

- Have the probation officer instruct the probation officer to guide the probationer's contents and the exercise of the apprentice's rights and obligations;

- Propose to change the probation officer and the probationary place in the cases specified in Articles 10 and 11 of Circular 05/2020/TT-BTP;

- Register to participate in the examination of the results of the bailiff's probationary practice according to the provisions of Article 9 of Decree 08/2020/ND-CP;

- Other rights as agreed with the Probationary Attorney's Office on probation and in accordance with the law.

(Clause 1, Article 13 of Circular 05/2020/TT-BTP)

3.2. Obligations of a bailiff on probation in Vietnam

According to Clause 2, Article 13 of Circular 05/2020/TT-BTP, a bailiff on probation is responsible for performing the following obligations:

- Comply with the provisions of the Law on Civil Judgment Execution, Decree 08/2020/ND-CP, Circular 05/2020/TT-BTP and relevant laws;

- Comply with the rules and regulations of the Attorney General's Office for probation;

- Perform probationary tasks according to the content specified in Article 7 of Circular 05/2020/TT-BTP as assigned by the bailiff to guide the apprentice;

- Ensure the minimum training time is 04 hours per working day;

- Be responsible to the probationary bailiff and the probation officer's office for the results and progress of the assigned probationary work;

- Not sign the license, judgment enforcement decision and other documents as a bailiff;

- Make a probationary diary and report on the probation results of bailiff practice according to the provisions of Article 8 of Circular 05/2020/TT-BTP;

- Keep confidential information about his/her job performance and related information that he/she knows during his/her probationary period;

- Other obligations as agreed with the Probationary Attorney's Office on probation and in accordance with the law.

4. Contents of probationary practice as a bailiff in Vietnam

The contents of the bailiff's practice internship include:

- Receive and classify the request for performance of the bailiff's work (hereinafter referred to as the request); check the authenticity and legitimacy of the papers contained in the request file, the civil act capacity of the requester;

- Conduct in accordance with the Code of Professional Ethics of the bailiff; explain to requesters clearly their legitimate rights, obligations and interests, the meaning and legal consequences when making the request, the reasons for refusing to perform the request;

- Research and propose solutions to request documents;

- Skills in creating and editing documents under the jurisdiction of the bailiff;

- Skills to serve papers, records and documents;

- Skills in verifying judgment execution conditions;

- Judgment organization skills;

- Sorting and classifying records have been made to put into archives;

- Other skills and jobs related to the bailiff's professional activities as assigned by the bailiff to guide the apprentice.

(Article 7 of Circular 05/2020/TT-BTP)

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