Termination of operation of the Bailiff Office in Vietnam

Termination of operation of the Bailiff Office in Vietnam (Internet image)

06 regulations on the Bailiff Office in Vietnam

More details can be found here.

Termination of the operation of the Bailiff Office in Vietnam

Pursuant to Article 30 of Decree 08/2020/ND-CP stipulating the termination of operation of the bailiff's office as follows:

- A bailiff office shall be terminated when:

= The bailiff office terminates voluntarily; or

= Decision permitting establishment of the bailiff office is revoked according to Article 31 of Decree 08/2020/ND-CP; or

= The bailiff office is merged or acquired.

- In case of termination according to Point a Clause 1 of Article 30 of Decree 08/2020/ND-CP, at least 30 days prior to the expected date of termination, the bailiff office must produce reports to Department of Justice where the bailiff office registers for operation.

Prior to the date of termination, the bailiff office is responsible for paying unpaid tax, settling other debts, fulfilling procedures for terminating contracts signed with employees, and completing signed service agreements; if signed service agreements cannot be cannot be completed, the bailiff office must discuss the implementation of said contracts with the solicitors.

Department of Justice where the bailiff office is located is responsible for suspending license to operate of the bailiff office, requesting the provincial People’s Committee to issue decision suspending decision permitting establishment, uploading information on termination of bailiff office on website of the Department of Justice, and notifying authorities under Article 23 hereof in writing.

- In case of termination according to Point b Clause 1 of Article 30 of Decree 08/2020/ND-CP, within 7 working days from the date on which decision suspending decision permitting establishment, Department of Justice where the bailiff office is located is responsible for revoking license to operate of bailiff office, uploading information on termination of bailiff office on website of the Department of Justice, and notifying authorities under Article 23 hereof in writing.

Within 60 days from the date on which Decision permitting establishment is revoked, the bailiff office is responsible for paying unpaid tax, settling other debts, terminating employment contracts signed with employees; if signed service agreements cannot be cannot be adequately implemented, the bailiff office must terminate contracts.

If the bailiff office fails to settle asset obligations by the end of this time limit or the bailiff office is terminated as a result of decision permitting establishment being revoked due to the fact that the director of bailiff office or all general partner bailiffs of the bailiff office are deceased or declared deceased by the court, assets of the bailiff office and general partner bailiffs shall be used to settle remaining debts of the bailiff office as per civil laws.

- Documents stored by a bailiff office terminated according to Points a and b Clause 1 of Article 30 of Decree 08/2020/ND-CP shall be dealt with as follows:

= Documents on civil judgment enforcement shall be transferred to Department of Civil Judgment Enforcement where the bailiff office is located to store in accordance with regulations on storage of civil judgment enforcement documents.

Regarding cases where enforcement is not complete, Department of Justice where the bailiff office is located is responsible for notifying and guiding solicitors to adopt procedures for transferring documents to civil judgment enforcement authority;

= Bailiff’s reports and other relevant documents shall be transferred to Department of Justice where the bailiff is located for storage.

- In case of termination in accordance with Point c Clause 1 of Article 30 of Decree 08/2020/ND-CP, rights and obligations of the bailiff office shall be inherited by the merged or acquiring bailiff office.

- Department of Justice is responsible for monitoring and requesting the bailiff office to carry out works.

Nguyen Pham Nhut Tan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE