Procedures for producing bailiff’s report in Vietnam 2023

Procedures for producing bailiff’s report in Vietnam 2023 (Internet image)

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

1. What is bailiff’s report?

According to Clause 3, Article 2 of Decree 08/2020/ND-CP, a bailiff’s report refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of Decree 08/2020/ND-CP.

2. Procedures for producing bailiff’s report in Vietnam 2023

- A bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful. If necessary, a bailiff has the right to invite a witness to attest to the production of bailiff’s report.

The solicitor must adequately provide information and documents relating to the production of bailiff's report (if any) and be responsible for accuracy and legitimacy of provided information and documents.

When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff's report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.

- Bailiff’s report must be signed by the bailiff separately in each page, bear bailiff office’s seal, and recorded in bailiff’s report log produced using form regulated by Minister of Justice.

- Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents.

- Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.

Departments of Justice shall develop database on bailiff’s report; register and manage database on bailiff’s report according to guidance of Ministry of Justice.

(Article 39 of Decree 08/2020/ND-CP)

3. Format and basic details of bailiff’s report in Vietnam

Format and basic details of bailiff’s report are specified in Article 40 of Decree 08/2020/ND-CP as follows:

- Bailiff’s report shall be made in Vietnamese language and contain the following basic details:

= Name and address of bailiff office; full name of bailiff who produces bailiff’s report;

= Location and time of producing bailiff’s report;

= Full name and address of individual soliciting bailiff’s report;

= Full name of other participants (if any);

= Details of bailiff’s report solicitation; details of recorded events, affairs;

= Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;

= Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).

Bailiff’s reports that have 2 or more pages must be numbered individually and bear adjoining seals; number of original copies of each bailiff's report shall be agreed upon by the parties.

- Bailiff’s reports can be accompanied by documentary evidence; documentary evidence produced by bailiffs must conform to entitlement and scope mentioned under Clause 1 Article 36 of Decree 08/2020/ND-CP.

4. Agreement on production of bailiff’s report in Vietnam

- An individual requesting a bailiff's report to be produced must enter into a written agreement with the director of bailiff office which covers:

= Details of bailiff’s report;

= Location and time of producing bailiff’s report;

= Cost for producing bailiff’s report;

= Other agreements (if any).

- The agreement on producing bailiff’s report must be made into 2 copies each of which will be held by a party.

(Article 38 of Decree 08/2020/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE