Regulations on the establishment of bailiff office in Vietnam

Regulations on the establishment of bailiff office in Vietnam (Internet image) 

What is Bailiff office?

According to the provisions of Article 17 of Decree 08/2020/ND-CP, regulations on the Bailiff office are as follows:

- Bailiff offices are practicing organizations of bailiffs in which bailiffs conduct assigned tasks as per Decree 08/2020/ND-CP and relevant law provisions.

A bailiff office established by a bailiff shall be organized as a sole proprietorship. A bailiff office established by at least 2 bailiffs shall be organized as a partnership company.

- Name of bailiff offices must include the phrase “Văn phòng Thừa phát lại” (Bailiff office) followed by a formal name. Selection of formal name and installation of signboards must conform to regulations and law without sharing or mixing up with other bailiff office in Vietnam and without violating history, culture, ethics, and traditions.

- Legal representatives of bailiff offices are directors of bailiff offices. Directors of bailiff offices must also be bailiff offices.

Bailiff offices may include partner bailiffs, bailiffs under employment contracts, and professional secretaries.

Professional secretaries shall assist bailiffs in legal affairs. Professional secretaries must satisfy eligibility under Clause 1 Article 6 of Decree 08/2020/ND-CP, have intermediate law degree or higher, and not fall under any of the cases under Article 11 of Decree 08/2020/ND-CP.

- Bailiff offices shall have their own head offices, seals, and accounts and operate on a financial autonomy basis.

Seals of bailiff offices must not bear the national emblem. Bailiff offices can forge and use seals after obtaining license to operate. Application for seal registration, management, and use of bailiff offices shall conform to regulations and law on seals.

Finance of bailiff offices shall conform to financial regulations applicable to respective form of enterprises as per the law.

- Bailiff offices are not allowed to open branches, representatives, facilities, trade locations outside their head offices; conduct manufacturing, trading, service activities beyond the scope of bailiffs as per Decree 08/2020/ND-CP.

Regulations on the establishment of bailiff office in Vietnam

Pursuant to the provisions of Article 21 of Decree 08/2020/ND-CP on the establishment of bailiff office as follows:

- 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.

- Based on the criteria under Clause 1 of Article 21 of Decree 08/2020/ND-CP, Departments of Justice shall cooperate with departments, local authorities in submitting Scheme for local bailiff office development to provincial People’s Committees for approval.

- Based on the approved Scheme for bailiff office development, provincial People’s Committees shall issue notice of establishment of bailiff offices. Based on the aforementioned notice of provincial People’s Committees, bailiffs who wish to establish bailiff offices shall submit application for establishment of bailiff offices to local Departments of Justice in writing or via post service. Application consists of:

+ Application for establishment of bailiff office using form regulated by Minister of Justice;

+ Presentation regarding organization, name, personnel, head office location, facility conditions, and plans for implementation;

+ Certified true copies or copies accompanied by original copies of decision on assignment or reassignment of bailiff;

- Within 20 days from the date on which adequate applications are received, Departments of Justice shall request provincial People’s Committees to consider and issue decision permitting the establishment of bailiff offices; provide written response and state reason in case of refusal.

Within 20 days from the date on which request of Departments of Justice is received, provincial People’s Committees shall consider and issue decision permitting the establishment of bailiff offices; provide written response and state reason in case of refusal.

- Applicants for establishment of bailiff offices shall submit fees for appraising conditions for establishment and operation of bailiff offices in accordance with regulations and law on fees and charges.

Nguyen Pham Nhut Tan

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