Criteria for establishment of a bailiff office in Vietnam

Criteria for establishment of a bailiff office in Vietnam (Internet image)

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

1. Criteria for establishment of a bailiff office in Vietnam

The establishment of a bailiff office must rely on the following criteria:

- Socio-economic conditions of the district where the bailiff office is expected to be established;

- Number of cases accepted by court or civil enforcement authority of the district where the bailiff office is expected to be established;

- Population density and demands of inhabitants of the district where the bailiff office is expected to be established;

- No more than 2 bailiff offices in a district-level administrative division; no more than 1 bailiff office in a district.

(Clause 1 of Article 21 of Decree 08/2020/ND-CP)

2. Procedures for registration for operation of bailiff office in Vietnam

Specifically, Article 22 of Decree 08/2020/ND-CP stipulates procedures for registration for operation of bailiff office as follows:

- Within 30 days from the date on which decisions permitting bailiff office establishment are received, bailiff offices must register for operation at Departments of Justice which grant permission for establishment.

Details of registration includes: Name and address of bailiff head office; full name of directors of bailiff offices; list of partnership bailiffs and list of bailiffs under employment contracts (if any) of bailiff offices.

- Bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of: Application using form regulated by Minister of Justice;

Certified true copies or copies accompanied by original copies of decisions permitting establishment of bailiff office; documents proving fulfillment of eligibility under Clauses 3 and 4 Article 17 of Decree 08/2020/ND-CP and application for operation of bailiffs in accordance with Clause 1 Article 15 hereof.

- Within 10 days from the date on which adequate registration is received, Departments of Justice shall issue license to operate to bailiff offices; provide written response and state reason in case of refusal.

- Bailiff offices can operate with the date on which Departments of Justice issues license to operate.

3. Rights and obligations of bailiff office in Vietnam

Pursuant to Article 18 of Decree 08/2020/ND-CP, the rights and obligations of bailiff office in Vietnam include:

- Bailiff offices have the rights to:

+ Enter into contracts with bailiffs and professional secretaries working for the offices;

+ Collect, manage, and use expenses for conducting bailiff tasks as per the law;

+ Enter into contracts, agreements with solicitors as per Decree 08/2020/ND-CP;

+ Exercise other rights as per Decree 08/2020/ND-CP and relevant law provisions.

- Bailiff offices have the obligations to:

+ Manage bailiffs and professional secretaries in terms of compliance with the law and code of professional ethics of bailiffs;

+ Adhere to regulations and law on employment, tax, finance, report, and statistical data;

+ Publicize working hours, procedures, expenditure on bailiff work, and rules of reception at bailiff office;

+ Collect fees agreed upon with solicitors;

+ Purchase professional liability insurance for affiliated bailiffs; pay damages (if any) as per the law;

+ Admit, facilitate, and manage apprentices during apprenticeship period;

+ Enable affiliated bailiffs to participate in training and refresher training;

+ Comply with request of competent authorities regarding report, inspection, examination, and provision of information on service contracts and professional dossiers of bailiffs;

+ Produce, manage, use, and store documents, professional dossiers as per the law;

+ Provide uniform regulated by Ministry of Justice to affiliated bailiffs;

+ Carry out other obligations according to Decree 08/2020/ND-CP and relevant law provisions.

Ho Quoc Tuan

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