Regulations on the bailiff's relationship with the petitioner in Vietnam

This content is prescribed in Circular 08/2022/TT-BTP on Code of Professional Ethics for bailiffs.

Who is bailiff?

A bailiff is a qualified person appointed by the State to serve papers, dossiers, and documents; ensure equalization; verify civil judgment execution conditions; and organize the implementation of court judgments and decisions in accordance with law, thereby protecting the rights and interests of the state and the legitimate rights and interests of individuals and organizations.

Code of professional ethics The bailiff stipulates ethical standards and behavior in practice, which is the basis for the bailiff to practice and cultivate morality in order to improve the quality of activities, prestige, and professional responsibility, contributing to strengthening the position and role of the bailiff profession in society.

Regulations on the bailiff's relationship with the petitioner in Vietnam (Internet image)

Regulations on the bailiff's relationship with the petitioner in Vietnam

The bailiff's relationship with the petitioner is regulated as follows:

Responsibility in fulfilling the request

The bailiff must guide and explain fully, accurately, and in accordance with the law so that the requester can clearly understand his rights, obligations, and specific legal consequences arising from the performance of the request, especially the legal value of vi equals.

- The bailiff is responsible for providing the requester with relevant information on the rights, obligations, and professional responsibilities of the bailiff in practicing the bailiff at their request.

Equal treatment among claimants

The bailiff ensures equal treatment among claimants; must not discriminate on the basis of gender, ethnicity, race, religion, nationality, social status, or financial ability among claimants when they fully meet the conditions in accordance with the law to make the request.

Cost collection

In the case of authorization by the Head of the Notary's Office, the bailiff is responsible for collecting correctly, fully, and publicly the expenses as agreed; when collecting expenses, they must write full invoices and documents and notify the requesters of the revenues and the amounts they have to pay.

Things the bailiff must not do in relation to the petitioner in Vietnam

1. Harassing and causing difficulties and troubles for the requesters.

2. Receiving or demanding any additional money or benefits from the requester in addition to the costs already recognized in the contract.

3. Receiving money or any other benefit from a third person to make or not fulfill a request.

4. Accepting the request in cases where the purpose and content of the request violate the law, are contrary to social ethics, or do not conform to the duties and powers of the bailiff.

5. Compiling diplomas, verifying conditions for civil judgment enforcement, and organizing the enforcement of court judgments and decisions relating to his/her own rights and interests with the requester and his/her relatives, including: Wife, husband, natural and adopted children; biological father, biological mother, adoptive father, adoptive mother, grandfather, grandmother, grandfather, grandmother; uncle, aunt, uncles, and siblings of the bailiff; the nephew that the bailiff plays is a grandfather, grandmother, uncle, aunt.

6. Advising, instigating, colluding, and creating conditions for the requestor to commit illegal acts, infringing upon the lawful rights and interests of other organizations and individuals.

7. Pressuring, coercing, deceiving, threatening, discounting, or making promises to entice the requester to use the service.

8. Colluding with requesters and related persons to falsify the contents of diplomas, performed work records, or other fraudulent acts.

9. Intentionally executing against the contents of a judgment or decision; delaying or extending the time for settlement of the assigned judgment enforcement has no legal basis.

10. Other prohibited jobs as prescribed by law.

Duong Chau Thanh

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