Entitlement to organize judgment enforcement of bailiff in Vietnam

Entitlement to organize judgment enforcement of bailiff in Vietnam (Internet image)

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

1. Entitlement to organize judgment enforcement of bailiff in Vietnam

Entitlement to organize judgment enforcement of bailiff in Vietnam according to Article 51 of Decree 08/2020/ND-CP is as follows:

- Bailiffs have the right to organize judgment enforcement at request of litigants for the following judgments, decisions:

+ First-instance judgments, decisions that have entered into effect of People’s Courts of districts, district-level towns and equivalent (hereinafter referred to as “district-level People’s Courts”); first-instance judgments, decisions that have entered into effect of provincial People’s Courts where bailiff offices are located;

+ Appellate judgments, decisions of provincial People’s Courts where bailiff offices are located for first-instance judgments, decisions that have not entered into effect of district-level People’s Courts; appellate judgments, decisions of High-level People's Courts for first-instance judgments, decisions that have not entered into effect of provincial People’s Courts where bailiff offices are located;

+ Decision on cassation, retrial of the High-level People's Courts for judgments, decisions that have entered into effect of district-level People’s Courts, provincial People’s Courts where bailiff offices are located.

- Bailiffs shall not organize enforcement of judgments, decisions which are under the authority of directors of civil judgment enforcement authorities in accordance with Clause 2 Article 346 of the Law on Civil Judgment Enforcement.

2. General judgment enforcement procedures of bailiff in Vietnam

General judgment enforcement procedures of bailiff in Vietnam according to Article 56 of Decree 08/2020/ND-CP are as follows:

- Bailiff shall adopt judgment enforcement procedures in accordance with this Decree and civil judgment enforcement laws.

- Handle situations in which a case is transferred from a civil judgment enforcement authority to a bailiff office and vice versa:

+ Regarding cases that were organized for implementation by civil judgment enforcement authorities after which point the litigants request suspension of judgment enforcement in order to allow bailiff offices to organize implementation, the litigants do not have the right to request civil judgment enforcement authorities to continue implementation of clauses that have been suspended by decisions of judgment enforcement authorities;

+ Regarding cases that were organized for implementation by bailiff offices after which point the litigants request suspension of judgment enforcement and terminate contracts signed with bailiff offices, judgment creditors can request civil judgment enforcement authorities and other competent bailiff offices to organize further implementation, except for cases mentioned under Point a of this Clause;

+ New request for judgment enforcement of the litigants must specify previous enforcement results, request for further enforcement, and information and documents related to the request.

Legitimate procedures and implementation results of previous judgment shall remain legitimate, usable, be acknowledged, and used as the prelude to further judgment enforcement.

3. Prohibited tasks of bailiffs in Vietnam

Prohibited tasks of bailiffs according to Article 4 of Decree 08/2020/ND-CP are as follows:

- Disclosing information on their work, unless otherwise regulated by the laws; using information on operation of bailiffs in order to infringe legal rights and benefits of individuals, agencies, and organizations.

- Demanding tangible benefits other than fees recorded in contracts.

- Conducting notary, lawyer, valuation, property auction, property management and liquidation work on a part-time basis.

- Accepting tasks relating to their rights and benefits or their relatives’ rights and benefits, including: Spouses, biological children, adopted children; biological parents, biological siblings, grandparents, aunts, or uncles of bailiffs or bailiff’s spouses; biological nieces or nephews of bailiffs.

- Other prohibited tasks as per the law.

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