Who is bailiff? Criteria for appointment of a bailiff in Vietnam

Who is bailiff? Criteria for appointment of a bailiff in Vietnam (Internet image)

1. Who is bailiff?

Bailiff refers to a qualified individual assigned by the Government to serve, produce bailiff’s reports, verify conditions for enforcement of civil judgments, organize enforcement of civil judgments in accordance with Decree 08/2020/ND-CP and relevant law provisions;

(Clause 1, Article 2 of Decree 08/2020/ND-CP)

2. Criteria for appointment of a bailiff

A person shall be assigned as a bailiff when he/she:

- Is a Vietnamese national, not older than 65 years old, residing in Vietnam, properly adhering to the Constitutions and the laws, and possessing good moral virtues.

- Has undergraduate or post-graduate degrees in law.

- Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.

- Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 hereof.

- Qualifies in bailiff apprenticeship exam.

(Article 6 of Decree 08/2020/ND-CP)

3. Persons ineligible for bailiff assignment in Vietnam

Persons ineligible for bailiff assignment include:

-  Persons with limited legal capacity or incapacitated; having difficult in cognition and/or behavior control as per the Civil Code.

- Persons who are working as notary officials, holding license to practice law, conducting auction, official receiver, or valuation official.

- Persons who are working as officials, public officials, public employees, commissioned officers, non-commissioned officers, workers, public employees in national defense sector in entities affiliated to People’s Army, commissioned officers, non-commissioned officers, officers in entities affiliated to the People’s Public Security.

- Persons under criminal prosecution; persons convicted for intentional offense or less serious intentional offense without receiving expungement; persons convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, including cases where offenders have their previous convictions expunged.

- Persons under Clause 3 of Article 11 of Decree 08/2020/ND-CP who are removed or met with disciplinary actions in form of removal from office, mandated resignation, stripping of title or removal from sector.

- Persons facing disciplinary actions in form of removal from lawyer list of the Bar Associations due to violations of the law or violation of Code of Professional Ethics of the lawyers; persons who face administrative penalties in form of suspension of license to practice law and have not spent 3 years from the date on which they fulfill decisions imposing such administrative penalties.

- Persons who face administrative penalties in form of suspension of notary official cards, valuation official cards, auction license, asset management license and have not spent 3 years from the date on which they fulfill the decisions imposing such administrative penalties.

- Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.

(Article 11 of Decree 08/2020/ND-CP)

4. Permissible tasks of bailiffs in Vietnam

Permissible tasks of bailiffs includes:

- Serving documents in accordance with Decree 08/2020/ND-CP and relevant law provisions.

- Producing bailiff’s reports at request of individuals, agencies, and organizations in accordance with Decree 08/2020/ND-CP.

- Verifying conditions for judgment enforcement at request of litigants and persons with relevant benefits, obligations in accordance with Decree 08/2020/ND-CP and relevant law provisions.

- Organizing implementation of judgments, decisions of the court at request of litigants in accordance with Decree 08/2020/ND-CP and relevant law provisions.

(Article 3 of Decree 08/2020/ND-CP)

5. Prohibited tasks of bailiffs in Vietnam

- 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.

(Article 4 of Decree 08/2020/ND-CP)

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