Who is exempt from bailiff training in Vietnam?

Who is exempt from bailiff training in Vietnam? (Internet image) 

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

1. Who is exempt from bailiff training in Vietnam?

Specifically, Clause 2, Article 7 of Decree 08/2020/ND-CP stipulates that a person shall be exempt from bailiff training if they previously worked as:

- A judge, a procurator, an enforcement officer, an investigator for at least 5 years;

- A lawyer, a notary officer for at least 5 years; a professor, an associate professor in law;

- A primary assessor, a professional assessor in court, a primary examiner or a professional examiner in procuracy;

- A professional inspector, a professional expert, a professional researcher, or a professional lecturer in law;

- A primary assessor or professional assessor in civil judgment enforcement.

2. Eligibility of bailiff in Vietnam

Pursuant to Article 6 of Decree 08/2020/ND-CP, 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 of Decree 08/2020/ND-CP.

- Qualifies in bailiff apprenticeship exam.

3. Procedures for assignment of bailiff in Vietnam

According to Article 10 of Decree 08/2020/ND-CP, the procedure for assignment of bailiff in Vietnam as follows:

- Eligible persons according to Article 6 of Decree 08/2020/ND-CP shall submit bailiff assignment request in person or via post service at Departments of Justice where they registered for apprenticeship. Application consists of:

+ Application form regulated by Minister of Justice;

+ Judicial records issued within 6 months prior to the date of application;

+ Certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees;

+ Documents proving applicants’ period of practicing law, including: Decisions on employment, employment contract or employment contracts accompanied by documents proving social insurance payment; documents proving previous removal or revocation of license to practice or revocation of cards for cases under Clause 2 Article 11 of Decree 08/2020/ND-CP; documents proving retirement or resignation for cases under Clause 3 Article 11 of Decree 08/2020/ND-CP;

+ Certified true copies or copies accompanied by original copies of certificate of bailiff apprenticeship inspection results.

- Within 10 days from the date on which adequate applications are received, Departments of justice shall request Minister of Justice in writing to assign bailiff and attach bailiff assignment request; provide written response and state reason in case of refusal.

- Within 30 days from the date on which documents and bailiff assignment request of Departments of Justice are received, Minister of Justice shall consider and decide to assign bailiff; provide written response and state reason in case of refusal.

If necessary, Minister of Justice shall verify or request Departments of Justice, relevant agencies, organizations in writing to verify eligibility for assignment and information in bailiff assignment request before deciding to assign bailiff. Verification shall not last longer than 45 days from the date on which Ministry of Justice issues written request for verification; the verification period shall not be included in the time limit for assigning bailiff mentioned under this Clause.

- Applicants for bailiff assignment must pay fee for appraising eligibility for bailiff as per regulations and law on fees, charges.

4. Prohibited tasks of bailiffs in Vietnam

Pursuant to Article 4 of Decree 08/2020/ND-CP, the prohibited tasks of bailiffs in Vietnam include:

- 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.

5. Permissible tasks of bailiffs in Vietnam

Permissible tasks of bailiffs as prescribed in Article 3 of Decree 08/2020/ND-CP include:

- Serving documents in accordance with this Decree 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 this Decree 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.

Ho Quoc Tuan

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