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GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 08/2020/ND-CP |
Hanoi, January 08, 2020 |
DECREE
ORGANIZATION AND OPERATION OF BAILIFF
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to Resolution No. 107/2015/QH13 dated November 26, 2015 of the National Assembly on implementation of Bailiff;
At request of Minister of Justice;
The Government promulgates Decree on organization and operation of bailiff.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree prescribes bailiff, practicing organizations of bailiff; entitlement, scope, and procedures for conducting work of bailiff; control of operation of bailiff; settlement of resolution, accusations, disputes, and state management in bailiff.
Article 2. Definition
In this Decree, terms below are construed as follows:
1. “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 this Decree and relevant law provisions;
2. “service” refers to a bailiff’s act of notifying, delivering, and receiving documents in accordance with this Decree and relevant law provisions;
3. “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of this Decree.
Article 3. Permissible tasks of bailiffs
1. Serving documents in accordance with this Decree and relevant law provisions.
2. Producing bailiff’s reports at request of individuals, agencies, and organizations in accordance with this Decree.
3. Verifying conditions for judgment enforcement at request of litigants and persons with relevant benefits, obligations in accordance with this Decree and relevant law provisions.
4. Organizing implementation of judgments, decisions of the court at request of litigants in accordance with this Decree and relevant law provisions.
Article 4. Prohibited tasks of bailiffs
1. 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.
2. Demanding tangible benefits other than fees recorded in contracts.
3. Conducting notary, lawyer, valuation, property auction, property management and liquidation work on a part-time basis.
4. 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.
5. Other prohibited tasks as per the law.
Article 5. Cooperation of individuals, agencies, and organizations with bailiffs and bailiff offices
1. Within their task, powers, and obligations, individuals, agencies, and organizations shall cooperate with bailiffs and bailiff offices in carrying out tasks of bailiffs in accordance with this Decree and relevant law provisions; shall not disclose information on the carrying out of bailiff’s tasks, unless otherwise regulated by the law.
2. Any and all illegal obstruction or intervention in operation of bailiffs and bailiff offices, illegal refusal of bailiff’s demands or disclosure of information on tasks of bailiffs shall be met with legal actions and damages (if any) as per the law.
Chapter II
BAILIFF
Article 6. Eligibility of bailiff
A person shall be assigned as a bailiff when he/she:
1. 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.
2. Has undergraduate or post-graduate degrees in law.
3. Practices law for at least 3 years in agencies, organizations after obtaining undergraduate or post-graduate degrees in law.
4. Completes training courses, receives recognition equivalent to training completion, or completes bailiff refresher training courses mentioned under Article 7 hereof.
5. Qualifies in bailiff apprenticeship exam.
Article 7. Bailiff training, refresher training, and equivalent recognition of bailiff training in foreign countries
1. A person satisfying conditions under Clauses 1 and 2 Article 6 hereof are allowed to participate in bailiff training courses at Judicial Academy affiliated to the Ministry of Justice. Application for participation in bailiff training course consists of: Written registration for participation in bailiff training course regulated by the Minister of Justice; certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees in law.
He/she shall obtain certificate of bailiff training course completion upon completing the training course.
2. A person who previously worked as a judge, a procurator, an enforcement officer, an investigator for at least 5; 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 shall be exempt from bailiff training.
3. Persons exempt from bailiff training course under Clause 2 of this Article must participate in bailiff refresher training course at the Judicial Academy. Application for participation in bailiff refresher training course consists of: Written registration for participation in bailiff refresher training course using form regulated by Ministry of Justice; certified true copies or copies accompanied by original copies of documents proving eligibility for exemption from bailiff training course.
A person completing the refresher training course shall obtain the certificate of refresher bailiff training course.
4. Documents under Clauses 1 and 3 of this Article shall be submitted in person or via post service to the Judicial Academy. The Judicial Academy shall receive the applications and publicize lists of applicants eligible for training course and refresher training course at least 30 days before opening day of the course; provide written response and state reason in case of refusal.
5. Bailiff training shall last 6 months; refresher bailiff training shall last 3 months.
6. Persons who require recognition of equivalent bailiff training in foreign countries shall apply in person or via post service to Ministry of Justice. Application consists of: Request for recognition of equivalent bailiff training using form regulated by the Ministry of Justice; notarized or certified true copies of bailiff training degrees issued by foreign training facilities.
Within 30 days from the date on which adequate applications have been received, Ministry of Justice shall issue decision recognizing equivalency for persons receiving bailiff training in foreign countries; provide written response and state reason in case of refusal.
7. Minister of Justice shall elaborate contents, training program, refresher training program, and recognition of equivalent bailiff training in foreign countries.
Article 8. Bailiff apprenticeship
1. Persons with certificate of bailiff training course completion or certificate of refresher bailiff training course completion or decisions recognizing equivalent bailiff training completion in foreign countries shall submit application for bailiff apprenticeship to Departments of Justice where bailiff offices are based in person or via post service. Application consists of: Registration for bailiff apprenticeship using form regulated by the Ministry of Justice; certified true copies or copies accompanied by original copies of certificate of bailiff training course completion or certificate of refresher bailiff training course completion or decisions recognizing equivalent bailiff training completion in foreign countries.
Within 7 working days from the date on which adequate applications have been received, Departments of Justice shall inform applicants and bailiff offices regarding apprenticeship application; provide written response and state reason in case of refusal.
2. Changing of apprenticeship location shall be implemented as follows:
a) In case of changing apprenticeship location in the same province or central-affiliated city, the bailiff apprentice shall submit application for changing apprenticeship location using form regulated by Minister of Justice to the Departments of Justice where the applicants previously applied for apprenticeship. Within 5 working days from the date on which applications are received, Departments of Justice shall inform the apprentices, bailiff offices that transfer and accept the apprentices in writing about the change of apprenticeship location; provide written response and state reason in case of refusal;
b) In case of changing apprenticeship location to a different province or central-affiliated city, the bailiff apprentice shall submit application for changing apprenticeship location using form regulated by Minister of Justice to the Department of Justice where the applicant previously applied for apprenticeship. Within 5 working days from the date on which applications are received, Departments of Justice shall inform bailiff offices that accept apprenticeship and the apprentice in writing about change to apprenticeship location while verifying apprenticeship duration, number times that the apprentice has been suspended (if any) in their provinces; provide written response and state reason in case of refusal.
3. An apprentice is allowed to suspend his/her apprenticeship under justifiable reasons after informing bailiff offices where he/she is working at as an apprentice in writing at least 5 working days prior to the suspension.
4. Once grounds for termination of apprenticeship are available, bailiff offices that accept apprenticeship must report to local Departments of Justice in writing. Within 5 working days from the date on which reports of bailiff offices are received, Departments of Justice shall inform the apprentice and bailiff offices in writing about termination of apprenticeship.
5. Apprenticeship shall last 6 months for persons receiving bailiff training and 3 months for persons receiving refresher bailiff training from the date on which Departments of Justice issue notice on apprenticeship registration.
6. Individuals mentioned under Clauses 1, 3, 4, 5 ,6, or 7 Article 11 hereof are not eligible for bailiff apprenticeship application.
7. Minister of Justice shall elaborate apprenticeship and inspect bailiff apprenticeship results.
Article 9. Inspection of bailiff apprenticeship results
1. Persons completing apprenticeship shall apply for inspection of bailiff apprenticeship results in person or via post service to Departments of Justice where they apply for apprenticeship. The application consists of: Registration form regulated by Minister of Justice; Report on bailiff apprenticeship results containing comments of bailiff instructors and bailiff offices accepting apprentices.
2. Within 15 days from the date on which adequate applications are received, Departments of Justice shall inform the applicants about registering the applicants in list of candidates for apprenticeship result inspection; provide written response and state reason in case of refusal.
Article 10. Assignment of bailiff
1. Eligible persons according to Article 6 hereof shall submit bailiff assignment request in person or via post service at Departments of Justice where they registered for apprenticeship. Application consists of:
a) Application form regulated by Minister of Justice;
b) Judicial records issued within 6 months prior to the date of application;
c) Certified true copies or copies accompanied by original copies of undergraduate or post-graduate degrees;
d) 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 hereof; documents proving retirement or resignation for cases under Clause 3 Article 11 hereof;
dd) Certified true copies or copies accompanied by original copies of certificate of bailiff apprenticeship inspection results.
2. 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.
3. 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.
4. Applicants for bailiff assignment must pay fee for appraising eligibility for bailiff as per regulations and law on fees, charges.
Article 11. Persons ineligible for bailiff assignment
1. Persons with limited legal capacity or incapacitated; having difficult in cognition and/or behavior control as per the Civil Code.
2. Persons who are working as notary officials, holding license to practice law, conducting auction, official receiver, or valuation official.
3. 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.
4. 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.
5. Persons under Clause 3 of this Article who are removed or met with disciplinary actions in form of removal from office, mandated resignation, stripping of title or removal from sector.
6. 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.
7. 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.
8. Persons met with administrative penalties of mandated admission to compulsory rehabilitation centers or compulsory education institutions.
Article 12. Suspension of bailiff
1. Department of Justice where a bailiff is operating shall issue decision on suspension of the bailiff when:
a) The bailiff is under criminal prosecution; or
b) The bailiff is under administrative penalties.
2. Suspension shall last no longer than 12 months.
3. The Department of Justice shall issue decision on premature cancellation of decision on bailiff suspension when:
a) A decision on suspension of investigation, a decision dropping the lawsuit, or an effective judgment of the court ruling the bailiff not guilty is issued; or
b) The bailiff is no longer under administrative penalties.
4. Decision on suspension and decision on cancellation of decision on suspension of bailiff shall be sent to the bailiff, bailiff office where the bailiff is working at, People’s Court of province or city (hereinafter referred to as “provincial People’s Court”), People’s Procuracy of province or city (hereinafter referred to as “provincial People’s Procuracy”), Department of Civil Judgment Enforcement, and Sub-department of Civil judgment Enforcement where the bailiff is based at and Ministry of Justice.
Article 13. Removal of bailiff
1. A bailiff shall be removed on his/her own volition.
The bailiff shall submit application for removal to Department of Justice in writing or via post service where he/she registers. Application consists of: Application form regulated by Minister of Justice; certified true copies or copies accompanied by original copies of Decision on bailiff assignment.
Within 10 days from the date on which adequate applications are submitted, the Department of Justice shall request Minister of Justice in writing to remove the bailiff and attach application for removal.
Within 15 days from the date on which application and written request for bailiff removal of Department of Justice are received, Minister of Justice shall consider and issue decision on bailiff removal.
2. A bailiff shall be removed when:
a) He/she is no longer eligible according to Article 6 hereof save for age conditions; or
b) He/she falls under any of the cases specified in Clause 1 and Clause 8 Article 11 hereof; or
c) He/she does not register and practice bailiff for 1 year from the date of assignment; or
d) He/she has not been practicing bailiff for at least 2 consecutive years; or
dd) The reason for suspension remains past the maximum time limit mentioned under Clause 2 Article 2 hereof; or
e) He/she seriously violates code of professional ethics of bailiff; commits administrative violations after being met with administrative penalties for the second time in bailiff profession; or
g) He/she works as a notary official, lawyer, valuation official, asset auction official, asset management and liquidation official while holding bailiff position; or
h) He/she is sentenced by a legally effective judgment issued by the court.
3. Minister of Justice shall remove a bailiff at request of Department of Justice where the bailiff registers or whenever there are grounds for presuming that the bailiff falls under any of the cases mentioned under Clause 2 of this Article.
4. Department of Justice is responsible for reviewing and inspecting operation of bailiff in their province or city. Within 10 days from the date on which there are grounds for presuming that a bailiff falls under cases under Clause 2 of this Article, Department of Justice shall request Ministry of Justice in writing to remove bailiff and attach documents serving as a prelude for removal request.
Within 20 days from the date on which application and documents serving as a prelude for removal request of Department of Justice are received, Minister of Justice shall consider and issue decision on bailiff removal. If necessary, Minister of Justice shall request Department of Justice and relevant authorities to verify or verify grounds for removal in accordance with regulations and law.
Article 14. Reassignment of bailiff
1. A person removed from bailiff position according to Clause 1 Article 13 hereof shall be considered for reassignment as a bailiff if he/she requests so.
2. A person removed from bailiff position according to Clause 2 Article 13 hereof shall only be considered for reassignment when he/she is eligible according to Article 6 hereof and the cause for removal ceases to remain, except for cases under Clause 3 of this Article.
A person removed from bailiff position according to Point c and d Clause 2 Article 13 hereof shall only be considered for reassignment after 1 year from the date on which decision on removal of bailiff enters into force.
3. A person removed from bailiff position due to being convicted for intentional offense or less serious intentional offense without receiving expungement; convicted for crimes relating to expropriation, exploitation, fraudulence, violation of national security, serious crime, very serious crime, extremely serious crime with intention, even after receiving expungement, shall not be eligible for reassignment as bailiff.
4. Entitlement and procedures for reassignment of bailiff shall conform to Article 10 hereof. Application for reassignment consists of:
a) Application form regulated by Minister of Justice;
b) Judicial records issued within 6 months prior to the date of application;
c) Certified true copies or copies accompanied by original copies of Decision on removal of bailiff;
d) Certified true copies or copies accompanied by original copies of documents proving insufficient grounds for removal, except for cases under Clause 1 of this Article.
5. Applicants for bailiff reassignment must pay fee for appraising eligibility for bailiff as per regulations and law on fees, charges.
Article 15. Registration, issuance, suspension, and re-issuance of bailiff card
1. Bailiff offices shall submit application for bailiff practice and card issuance for affiliated bailiffs to Departments of Justice of provinces and cities where they are based in writing or via post service. Application consists of:
a) Application for bailiff practice and card issuance using form regulated by Ministry of Justice;
b) Certified true copies or copies accompanied by original copies of decision on assignment or reassignment of bailiff;
c) A 2 cm x 3 cm portrait photo of the bailiff taken within the last 6 months from the date of application.
2. Within 10 days from the date on which adequate documents according to Clause 1 of this Article are received, Departments of Justice shall register applicants in list of local bailiff and issue bailiff card; provide written response and state reason in case of refusal.
Within 7 working days from the date on which applicants are registered in list of bailiff, Departments of Justice must upload this list on their website, local mass media, and notify bailiff practice to authorities under Clause 4 Article 12 hereof.
3. Bailiff card serves as the license to practice of bailiff. Bailiff shall only operate after being registered in list of bailiff and obtaining bailiff card.
4. Within 7 working days from the date on which Minister of Justice issues decision on removal of bailiff or receives notice of bailiff offices regarding bailiffs’ no longer working at the bailiff offices, Departments of Justice of provinces and cities where the bailiffs work in shall remove the bailiffs from list of bailiffs, issue decision on suspension of bailiff cards, and inform the subject bailiffs, bailiff offices, and authorities mentioned under Clause 4 Article 12 hereof in writing while uploading bailiff card suspension on website of the Departments of Justice and local mass media.
Bailiff cards are no longer valid from the effective date of decision on bailiff card suspension issued by Departments of Justice.
5. Bailiff cards shall be re-issued in case of missing or being damaged. Bailiffs shall submit application for re-issuance of bailiff card to Departments of Justice where they applied for practice in person or via post service. Application consists of: Application for re-issuance of bailiff card using form regulated by Ministry of Justice; a 2 cm x 3 cm portrait of the bailiff taken within the last 6 months prior to the date of application; original copies of bailiff card if the card is damaged.
Within 7 working days from the date on which adequate applications are received, Departments of Justice shall reissue bailiff cards; provide written response and state reason in case of refusal.
Reissued bailiff card shall retain card of the previous card.
6. Bailiff card templates shall be issued by Ministry of Justice.
Article 16. Rights and obligations of bailiffs
1. Stay honest and objective while performing duty.
2. Strictly comply with the law and code of professional ethics of bailiff.
3. Be responsible to the solicitors and the law for the performance of bailiff’s duty.
4. Do not work at 2 or more bailiff offices simultaneously.
5. Participate in annual bailiff refresher training according to regulations of Minister of Justice.
6. Don bailiff uniform regulated by Minister of Justice and carry bailiff card when performing duty.
7. Participate in social - professional organizations of bailiff (if any); stay under management of competent authorities, superior bailiff offices, and social - professional organizations of bailiffs.
8. Execute other rights and obligations as per this Decree and relevant law provisions.
Chapter III
BAILIFF OFFICE
Article 17. Bailiff office
1. Bailiff offices are practicing organizations of bailiffs in which bailiffs conduct assigned tasks as per this Decree 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.
2. 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.
3. 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 hereof, have intermediate law degree or higher, and not fall under any of the cases under Article 11 hereof.
4. 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.
5. 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 this Decree.
Article18. Rights and obligations of bailiff office
1. Bailiff offices have the rights to:
a) Enter into contracts with bailiffs and professional secretaries working for the offices;
b) Collect, manage, and use expenses for conducting bailiff tasks as per the law;
c) Enter into contracts, agreements with solicitors as per this Decree;
d) Exercise other rights as per this Decree and relevant law provisions.
2. Bailiff offices have the obligations to:
a) Manage bailiffs and professional secretaries in terms of compliance with the law and code of professional ethics of bailiffs;
b) Adhere to regulations and law on employment, tax, finance, report, and statistical data;
c) Publicize working hours, procedures, expenditure on bailiff work, and rules of reception at bailiff office;
d) Collect fees agreed upon with solicitors;
dd) Purchase professional liability insurance for affiliated bailiffs; pay damages (if any) as per the law;
e) Admit, facilitate, and manage apprentices during apprenticeship period;
g) Enable affiliated bailiffs to participate in training and refresher training;
h) Comply with request of competent authorities regarding report, inspection, examination, and provision of information on service contracts and professional dossiers of bailiffs;
i) Produce, manage, use, and store documents, professional dossiers as per the law;
k) Provide uniform regulated by Ministry of Justice to affiliated bailiffs;
l) Carry out other obligations according to this Decree and relevant law provisions.
Article 19. Tasks and powers of directors of bailiff offices
1. Organize implementation of rights and powers of bailiff offices in accordance with Article 18 hereof.
2. In civil enforcement, directors of bailiff offices have the tasks and powers to:
a) Request directors of Sub-departments of Civil judgment Enforcement where bailiff offices are located to issue decisions on judgment enforcement in accordance with Article 55 hereof and civil enforcement laws;
b) Request authorities, organizations, and individuals to cooperate in verifying judgment enforcement conditions and organize judgment enforcement;
c) Notify persons who have the power to file an appeal upon discovering violations of the law in legally effective judgments, decisions;
d) Respond to appeal request and propositions of competent People’s Procuracy; request competent authority to take disciplinary actions, impose administrative penalties, or initiate criminal prosecution against offenders as per the law.
3. Other tasks and powers according to this Decree and relevant laws.
Article 20. Communication and report
1. Bailiff offices are responsible for submitting 6-monthly and annual reports on their organization and operation to Departments of Justice where the bailiff offices are based.
On an annual basis, Departments of Justice are responsible for submitting reports on bailiff organization and operation in their provinces and cities to People’s Committees of provinces and cities (hereinafter referred to as “provincial People’s Committees”).
Bailiff offices shall produce irregular reports at request of Departments of Justice and Ministry of Justice; Departments of Justice shall produce irregular reports at request of provincial People’s Committees and Ministry of Justice.
2. Bailiff offices shall produce reports in order to serve inspection, examination, and supervision regarding operation, financial management, and tax as per the law.
3. Minister of Justice shall elaborate documents, forms, and report regulations regarding organization and operation of bailiff.
Article 21. Establishment of bailiff office
1. The establishment of a bailiff office must rely on the following criteria:
a) Socio-economic conditions of the district where the bailiff office is expected to be established;
b) Number of cases accepted by court or civil enforcement authority of the district where the bailiff office is expected to be established;
c) Population density and demands of inhabitants of the district where the bailiff office is expected to be established;
d) No more than 2 bailiff offices in a district-level administrative division; no more than 1 bailiff office in a district.
2. Based on the criteria under Clause 1 of this Article, Departments of Justice shall cooperate with departments, local authorities in submitting Scheme for local bailiff office development to provincial People’s Committees for approval.
3. 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:
a) Application for establishment of bailiff office using form regulated by Minister of Justice;
b) Presentation regarding organization, name, personnel, head office location, facility conditions, and plans for implementation;
c) Certified true copies or copies accompanied by original copies of decision on assignment or reassignment of bailiff;
4. 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.
5. 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.
Article 22. Registration for operation of bailiff office
1. Within 30 days from the date on which decisions permitting bailiff office establishment are received, bailiff offices must register for operation at Departments of Justice which grant permission for establishment.
Details of registration includes: Name and address of bailiff head office; full name of directors of bailiff offices; list of partnership bailiffs and list of bailiffs under employment contracts (if any) of bailiff offices.
2. Bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of: Application using form regulated by Minister of Justice; certified true copies or copies accompanied by original copies of decisions permitting establishment of bailiff office; documents proving fulfillment of eligibility under Clauses 3 and 4 Article 17 hereof and application for operation of bailiffs in accordance with Clause 1 Article 15 hereof.
3. Within 10 days from the date on which adequate registration is received, Departments of Justice shall issue license to operate to bailiff offices; provide written response and state reason in case of refusal.
4. Bailiff offices can operate with the date on which Departments of Justice issues license to operate.
Article 23. Notice of bailiff office registration
Within 7 working days from the date on which license to operate is issued to bailiff office, Department of Justice must inform Department of Civil judgment Enforcement, provincial People’s Court, provincial People’s Procuracy, tax authority, statistical data authority, police authority, Sub-department of Civil judgment Enforcement, People’s Court, People’s Procuracy, People’s Committee of district, People’s Committee of commune where bailiff office is located, and Ministry of Justice in writing and upload on website of Department of Justice.
Article 24. Revision of bailiff office registration
1. As soon as any of the registration details under Clause 1 Article 22 hereof change, the bailiff office must register the changes at Department of Justice where they registered for operation.
Bailiff office shall submit application to Department of Justice in person or via post service. Application consists of: Application for revision to bailiff registration using form regulated by the Minister of Justice; documents proving the changes and original copies of license to operate.
2. In case directors of partnership bailiff offices are temporarily suspended from practicing, subject to decision on removal, deceased, or unable to act as legal representatives of bailiff offices due to other reasons, bailiff offices must revise registration regarding directors of the bailiff offices at Departments of Justice according to Clause 1 of this Article.
3. Within 07 working days from the date on which adequate registration is received, Departments of Justice shall issue revised license to operate to bailiff offices; provide written response and state reason in case of refusal.
For cases under Clause 2 of this Article, the revised license to operate shall be issued to bailiff offices within 3 working days from the date on which adequate application is received.
4. Within 7 working days from the date on which revised license to operate is issued to bailiff offices, Departments of Justice are responsible for notifying authorities under Article 23 hereof.
Article 25. Changing general partners
1. General partner status of a bailiff office shall be terminated when:
a) A general partner bailiff wishes so and other general partner bailiff agrees;
b) A general partner bailiff is removed, having reduced civil capacity, incapacitated, having cognitive and/or behavioral difficulty as per the Civil Code. In this case, assets of the bailiff at the bailiff office shall be returned to the bailiff after deducting liabilities of the bailiff;
c) A general partner bailiff is deceased or declared deceased by the court, heir of the bailiff shall receive the assets of the bailiff from which liabilities of the bailiff have been deducted. The heir can become a general partner bailiff of the bailiff office if he/she is eligible for bailiff profession and agreed by other general partner bailiffs.
2. A bailiff office has the right to accept new bailiffs if other general partner bailiffs also agree.
3. When changing general partner bailiffs as mentioned under Clauses 1 and 2 of this Article, bailiff offices must apply for revised registration in accordance with Article 24 hereof.
In case general partner status is terminated according to Clause 1 of this Article and bailiff office is unable to accept new general partner bailiffs to maintain method of operation, within 6 months from the date on which general partner status is terminated, the bailiff office must convert from a partnership company to a sole proprietorship in accordance with Article 26 hereof.
Article 26. Conversion of bailiff office model
1. Bailiff offices that wish to convert from a sole proprietorship to a partnership and vice versa shall submit application to Departments of Justice where they register for operation in person or via post service. Application consists of:
a) Application for business structure conversion using form regulated by Ministry of Justice;
b) Presentation regarding conversion of business structure, which state conversion methods, organization and operation of bailiff office up to the date of application, expected organization, name, head office location, personnel, and facilities;
c) Certified true copies or copies accompanied by original copies of decision on assignment or reassignment of bailiff;
d) Original copies of decision permitting establishment of bailiff office.
2. Within 15 days from the date on which adequate application is received, Departments of Justice are responsible for appraising and requesting provincial People’s Committees to consider and decide to permit conversion of business structure of bailiff office; provide written response and state reason in case of refusal.
3. Within 15 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.
4. Within 15 days from the date on which decision permitting business structure conversion is received, bailiff office must register for operation at Departments of Justice that permit the conversion. Bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of: Application using form regulated by Minister of Justice; certified true copies or copies accompanied by original copies of decision permitting business structure conversion and documents proving eligibility for operation of bailiff office in accordance with Point b Clause 1 of this Article.
Within 07 working days from the date on which adequate registration is received, Departments of Justice shall issue revised license to operate to bailiff offices; provide written response and state reason in case of refusal.
5. Within 7 working days from the date on which license to operate is issued to bailiff offices, Departments of Justice are responsible for notifying authorities under Article 23 hereof.
6. Bailiff offices are allowed to convert business structure from the date on which Departments of Justice issue license to operate while inheriting all rights, obligations, and assuming responsibilities for storing all documents of the previous bailiff offices.
Article 27. Acquisition and merger of bailiff offices
1. 2 or more bailiff offices located in the same province can be merged into a new bailiff office by transferring all assets, rights, obligations, and benefits to the new bailiff office while terminating all merged bailiff offices.
2. One or multiple bailiff offices can be acquired by another bailiff office located in the same province by transferring all assets, rights, obligations, and benefits to the acquiring bailiff office while terminating all acquired bailiff offices.
3. Merged or acquired bailiff offices according to Clause 1 and Clause 2 of this Article shall submit application to Departments of Justice where they are located. Application consists of:
a) Application for merger or acquisition of bailiff office using form regulated by Minister of Justice;
b) Merger or acquisition contract which contains: Name and address of merged or acquired bailiff offices; time of merger, acquisition; solutions for disposal of assets and use of employees of bailiff offices; the inheritance of rights, obligations, and benefits of bailiff offices and other relevant details;
c) Audited tax declaration and financial statement in the closest year of bailiff offices up the date of application for merger or acquisition;
d) Inventory records of professional documents and inventory records of available assets of merged, acquired bailiff offices;
dd) List of general partner bailiffs and bailiffs under employment contracts (if any) in bailiff offices;
e) Original copies of Decision permitting establishment and License to operate of bailiff offices.
Within 15 days from the date on which adequate application is received, Departments of Justice shall request provincial People’s Committees to consider and issue decision permitting the merger, acquisition of bailiff offices; provide written response and state reason in case of refusal.
Within 15 days from the date on which adequate application is received, provincial People’s Committees shall consider and issue decision permitting the merger, acquisition of bailiff offices; provide written response and state reason in case of refusal.
4. Within 15 days from the date on which decision permitting merger, acquisition of bailiff offices is received, merged bailiff offices must register operation, acquiring bailiff offices must register changes to operation at Departments of Justice which grant permission for merger and acquisition. Bailiff offices shall submit registration for operation to Departments of Justice in person or via post service. Registration consists of: Registration or application for revision using form regulated by Minister of Justice; Decision permitting merger, acquisition; documents proving head office of bailiff offices, certified true copies or copies accompanied by original copies of decision on assignment, reassignment of bailiffs in bailiff offices.
Within 07 working days from the date on which adequate registration is received, Departments of Justice shall issue license to operate to merged or acquiring bailiff offices; provide written response and state reason in case of refusal.
5. Within 7 working days from the date on which license to operate is issued to bailiff offices, Departments of Justice are responsible for notifying authorities under Article 23 hereof.
6. While the merger, acquisition is being processed, bailiff offices continue to operate normally until new bailiff offices are licensed to operate by Departments of Justice.
Article 28. Transfer of bailiff offices
1. Bailiff offices can be transferred to other bailiffs which fulfill requirements under Clause 2 of this Article. Bailiff offices shall only be transferred after operating for at least 2 years from the date on which their license to operate is issued.
Bailiffs who have transferred bailiff offices are not allowed to establish new bailiff offices or join other bailiff offices for 5 years from the date of transfer but are allowed to practice as bailiffs under employment contracts.
2. Bailiffs receiving transfer of bailiff offices must meet the following requirements:
a) The bailiffs must guarantee to work for at least 2 years under the transferred bailiff offices and inherit rights and obligations of the transferred bailiff offices;
b) The bailiffs must guarantee to adequately carry out tasks under contracts, agreements between the transferred bailiff offices and solicitors, authorities as per this Decree;
c) The bailiffs are not being temporarily suspended according to Clause 1 Article 12 hereof at the time of receiving the transferred bailiff offices.
3. Bailiff offices that wish to transfer shall submit application to Departments of Justice where they are registered for operation in person or via post service. Application consists of:
a) Application for transfer of bailiff office using form regulated by Minister of Justice;
b) Notarized transfer agreements using form regulated by Minister of Justice;
c) Inventory records of professional documents of transferred bailiff offices;
d) Certified true copies or copies accompanied by original copies of decision on assignment, re-assignment of bailiffs of bailiffs receiving transferred bailiff offices;
dd) Original copies of decision permitting establishment and license to operate of transferred bailiff offices;
e) Audited tax declaration and financial statement in the last 2 years of transferred bailiff offices;
g) Written commitment for details under Points a and b Clause 2 of this Article.
Within 15 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 transfer of bailiff offices; provide written response and state reason in case of refusal.
Within 15 days from the date on which request sent by Departments of Justice is received, provincial People’s Committees shall consider and issue decision permitting the transfer;
4. Within 20 days from the date on which decision permitting the transfer is received, bailiff offices must apply for revised license to operate in accordance with Article 24 hereof.
Application for revision to license to operate consists of: Application using form regulated by Minister of Justice; Decision permitting the transfer of bailiff offices; documents proving fulfillment of tax obligations in transfer of bailiff offices; documents proving head office of the transferred bailiff offices (if head office is also changed), and application for bailiff practice of bailiffs according to Clause 1 Article 15 hereof.
Within 07 working days from the date on which adequate application is received, Departments of Justice shall issue license to operate to bailiff offices; provide written response and state reason in case of refusal.
5. Within 7 working days from the date on which license to operate is issued to bailiff offices, Departments of Justice are responsible for notifying authorities under Article 23 hereof.
6. While transfer procedures are being processed, transferred bailiff offices are allowed to operate normally until license to operate is re-issued.
Article 29. Suspension of bailiff office
1. A bailiff office shall be suspended when:
a) Director of the bailiff office which is established by a bailiff or all general partner bailiffs of the bailiff office are suspended from working as bailiffs; or
b) The bailiff office fails to fulfill other eligibility as per this Decree and relevant laws.
2. Departments of Justice where bailiff offices are located shall issue decisions on suspension of bailiff office in cases under Clause 1 of this Article.
3. Suspension period shall not last longer than 12 months. During suspension period, the suspended bailiff office must pay unpaid tax, settle other debts, and fulfill obligations under contracts signed with employees; regarding signed service agreements that have not been adequately implemented, the bailiff office must terminate the agreements, unless otherwise agreed upon.
Documents shall remain in storage at suspended the bailiff office.
Article 30. Termination of bailiff office
1. A bailiff office shall be terminated when:
a) The bailiff office terminates voluntarily; or
b) Decision permitting establishment of the bailiff office is revoked according to Article 31 hereof; or
c) The bailiff office is merged or acquired.
2. In case of termination according to Point a Clause 1 of this Article, 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.
3. In case of termination according to Point b Clause 1 of this Article, 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.
4. Documents stored by a bailiff office terminated according to Points a and b Clause 1 of this Article shall be dealt with as follows:
a) 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;
b) Bailiff’s reports and other relevant documents shall be transferred to Department of Justice where the bailiff is located for storage.
5. In case of termination in accordance with Point c Clause 1 of this Article, rights and obligations of the bailiff office shall be inherited by the merged or acquiring bailiff office.
6. Department of Justice is responsible for monitoring and requesting the bailiff office to carry out works.
Article 31. Revocation of Decision permitting establishment of bailiff office
1. A bailiff office shall have its Decision permitting establishment revoked when:
a) The bailiff office fails to registers according to Article 22 hereof; or
b) The bailiff office has not started operation after 6 months from the date on which license to operate is issued; or
c) The bailiff office fails to operate for at least 12 consecutive months or fails to operate once the maximum suspension period under Clause 3 Article 29 hereof expires;
d) Director of the bailiff office established by 1 bailiff or all general partner bailiff of the bailiff office is removed, deceased, or declared deceased by a court without an eligible bailiff;
dd) The bailiff is met with an administrative penalty in form of revocation of license to operate for at least 6 months as per administrative penalty laws.
2. Departments of Justice are responsible for examining, reviewing, and requesting provincial People’s Committees to issue decision revoking Decision permitting establishment of bailiff office.
Chapter IV
ENTITLEMENT, SCOPE, AND PROCEDURES FOR WORK OF BAILIFF
Section 1. SERVING
Article 32. Entitlement and scope of serving of bailiff
1. Bailiffs shall serve the following documents:
a) Documents of the court, People’s Procuracies, and civil judgment enforcement authorities;
b) Documents relating to judicial assistance in civil matters of foreign competent authorities.
2. Directors of bailiff offices may assign professional secretaries to serve, unless otherwise agreed that the serving must be done by the bailiffs.
3. Bailiff offices are responsible to solicitors for inadequate and untimely serving and must pay damages as per the law.
Article 33. Serving documents of the court, People’s Procuracies, and civil judgment enforcement authorities
1. Bailiffs shall serve documents of the courts, People’s Procuracies for civil cases and matters, administrative cases, civil matters in criminal cases and accusations, complaints; serve documents of provincial civil judgment enforcement where bailiff offices are located as per service of process agreements signed by bailiff offices and the courts, People’s Procuracies, and civil judgment enforcement authorities.
If bailiffs serve beyond the province or in islands, archipelagoes outside of districts where bailiff offices are located, bailiffs may reach an agreement with the courts, People’s Procuracies, and civil judgment enforcement authorities via case-by-case contracts.
2. Procedures for serving documents of the courts and People’s Procuracies shall conform to regulations and law on proceeding; procedures for serving documents of civil judgment enforcement authorities shall conform to regulations and law on civil judgment enforcement.
3. Service of legal process agreements shall be implemented in a manner where the courts, People's Procuracies, and civil judgment enforcement authorities transfer documents to be served to bailiff offices.
Documents to be served include: Notice, summon, decision on hearing the case, judgment, decision, decision on appeal of the court; notice, decision on appeal of People’s Procuracies; decision on judgment enforcement, notice, summon of civil judgment enforcement authorities. If necessary, bailiffs can serve other documents at request of the courts, People’s Procuracies, and civil judgment enforcement authorities.
Quantity and types of documents handed to bailiffs for serving shall be recorded in writing and confirmed by the 2 parties.
4. Service of legal process agreements primarily contain: Type of documents to be served; duration of the contract; serving procedures; rights and obligations of the parties; serving costs.
Once service of legal process agreement is signed, the agreement shall be sent to the State Treasury where the court, People’s Procuracy, civil judgment enforcement authority opens the account in order to allow the State Treasury to supervise the payment of service fee to bailiff office.
5. Each court, People’s Procuracy, and civil judgment enforcement authority may enter into service of legal process agreement with one or many bailiff offices.
Article 34. Service of documents relating to judicial assistance in civil matters of foreign competent authorities
1. Ministry of Justice shall choose one or many bailiff offices to serve documents relating to judicial assistance in civil matters of foreign competent authorities.
2. Bailiff offices shall serve documents relating to judicial assistance in civil matters of competent authorities on a nationwide scale.
3. Minister of Justice shall elaborate the service mentioned under Clause 1 and Clause 2 of this Article and other relevant details.
Article 35. Return of service
1. A service of documents is considered complete when the bailiff responsible has fulfilled all procedures as per the law.
2. The bailiff must notify the service results or present proof of service to the court, People’s Procuracy, civil judgment enforcement authority, and other solicitors in 2 working days from the date on which the service is affected unless otherwise agreed upon by the parties.
Service results must be recorded in service logbook produced using form regulated by the Minister of Justice.
Section 2. PRODUCING BAILIFF'S REPORTS
Article 36. Entitlement to produce bailiff’s report, scope and legitimacy of bailiff's report
1. Bailiffs shall produce report to record actual state of affairs at request of agencies, organizations, and individuals in Vietnam, except for cases under Article 37 hereof.
2. Bailiff's reports do not replace other notary documents, certifying documents, or other administrative documents.
3. Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law.
4. If evidential value of bailiff’s reports are reviewed and deemed necessary during assessment, People’s Court and/or People’s Procuracy can summon bailiffs, other agencies, organizations, and individuals to verify the bailiff’s reports. Summoned bailiffs, other agencies, organizations, and individuals must present at the summoning courts, People’s Procuracies.
Article 37. Cases in which bailiff’s reports are not produced
1. Cases mentioned under Clause 4 Article 4 hereof.
2. Violation of regulations on national security and defense, including: Violating national security and defense targets; disclosing classified information, spreading news, materials, items considered classified items; violating regulations on entering, exiting, or moving in restricted areas, protected areas, safety perimeters of national defense and security structures, and military zones; violating regulations on protecting classified information, national defense and security structures and military zones.
3. Violation of private lives, personal secrets, family secrets according to Article 38 of the Civil Code; contradiction to social morals.
4. Verification of details, signing in contracts or transactions which belong to notary or certification field as regulated by the law; verification of adequacy, legitimacy, adherence to social morals of documents translated from Vietnamese to foreign languages and vice versa; verification of signatures, certification of copies from original copies.
5. Acknowledgement of events, affairs in order to transfer use right, ownership of land and/or assets that lack certificate of use right, ownership as per the law.
6. Acknowledgement of events, affairs in order to conduct illegal transactions of solicitors.
7. Acknowledgement of events, affairs of officials, public officials, commissioned officers, non-commissioned officers, employees, public employees in agencies, entities affiliated to the People’s Army, commissioned officers, non-commissioned officers in agencies, entities affiliated to the People’s Public Security in the performance of their duty.
8. Acknowledgement of events, affairs without witnessing said events, affairs personally.
9. Other cases according to regulations and law.
Article 38. Agreement on production of bailiff’s report
1. An individual requesting a bailiff's report to be produced must enter into a written agreement with the director of bailiff office which covers:
a) Details of bailiff’s report;
b) Location and time of producing bailiff’s report;
c) Cost for producing bailiff’s report;
d) Other agreements (if any).
2. The agreement on producing bailiff’s report must be made into 2 copies each of which will be held by a party.
Article 39. Procedures for producing bailiff’s report
1. A bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful. If necessary, a bailiff has the right to invite a witness to attest to the production of bailiff’s report.
The solicitor must adequately provide information and documents relating to the production of bailiff's report (if any) and be responsible for accuracy and legitimacy of provided information and documents.
When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff's report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.
2. Bailiff’s report must be signed by the bailiff separately in each page, bear bailiff office’s seal, and recorded in bailiff’s report log produced using form regulated by Minister of Justice.
3. Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents.
4. Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.
Departments of Justice shall develop database on bailiff’s report; register and manage database on bailiff’s report according to guidance of Ministry of Justice.
Article 40. Format and basic details of bailiff’s report
1. Bailiff’s report shall be made in Vietnamese language and contain the following basic details:
a) Name and address of bailiff office; full name of bailiff who produces bailiff’s report;
b) Location and time of producing bailiff’s report;
c) Full name and address of individual soliciting bailiff’s report;
d) Full name of other participants (if any);
dd) Details of bailiff’s report solicitation; details of recorded events, affairs;
e) Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;
g) Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).
Bailiff’s reports that have 2 or more pages must be numbered individually and bear adjoining seals; number of original copies of each bailiff's report shall be agreed upon by the parties.
2. Bailiff’s reports can be accompanied by documentary evidence; documentary evidence produced by bailiffs must conform to entitlement and scope mentioned under Clause 1 Article 36 hereof.
3. Minister of Justice shall elaborate bailiff’s report form.
Article 41. Technical correction to bailiff’s report
1. In case technical errors occur while recording, typing, or printing bailiff’s report but do not affect accuracy of events, affairs for which the bailiff’s report is produced, the bailiff is responsible for correcting the error. Technical corrections to bailiff’s report shall be made at the bailiff office that produces the bailiff.
2. Bailiff who corrects technical errors is responsible for checking the error, underlining the error, writing the corrections on the side together with his/her signatures, and applying seal of the bailiff office.
3. If bailiff’s report has been sent to solicitor and Department of Justice, bailiff office must send corrected bailiff’s report to the solicitor and Department of Justice.
Article 42. Issuance of bailiff's report copies
1. Copies of bailiff’s reports whose original copies are kept by bailiff office shall be issued:
a) At written request of competent authorities regarding provision of bailiff’s documents to serve supervision, examination, inspection, investigation, prosecution, and judgment enforcement in matters of which bailiff report is produced; or
b) At request of persons requesting bailiff’s report, and persons with rights and obligations related to the produced bailiff's report.
2. Persons requesting copies of bailiff’s report mentioned under Point b Clause 1 of this Article must incur a fee of 5000 VND per page for the first 2 pages and 3000 VND for subsequent pages.
Section 3. VERIFYING CONDITIONS FOR CIVIL JUDGMENT ENFORCEMENT
Article 43. Entitlement and area for verifying conditions for judgment enforcement
1. Bailiffs have the right to verify conditions for judgment enforcement if the case is within competence of provincial civil judgment enforcement authorities where the bailiff office is located.
2. When verifying conditions for judgment enforcement, bailiff has the right to do so beyond the province where the bailiff office is located.
Article 44. Agreements on verification of conditions for judgment enforcement
1. Litigants and persons with rights and obligations related to judgment enforcement have the right to enter into an agreement with bailiff office in order to verify conditions for judgment enforcement of judgment debtors even when the case is being organized by a civil judgment enforcement authority.
2. An agreement on verification of conditions for judgment enforcement between solicitor and bailiff office shall be signed as a service contract which covers:
a) Details to be verified, which specify request for verifying assets, income, or conditions for judgment enforcement of judgment debtors;
b) Time for verification;
c) Rights and obligations of the parties;
d) Costs for verification;
dd) Other agreements (if any).
3. When reaching an agreement with bailiff office regarding verification of conditions for judgment enforcement, the litigant must provide judgment, decision of the court, and other relevant documents (if any); persons with rights and obligations related to judgment enforcement must provide documents proving rights, obligations related to the execution of rights and obligations to enforce judgment of the litigants.
Article 45. Procedures for verifying conditions for judgment enforcement
1. Within 3 working days from the date on which service agreement is signed, director of bailiff office must issue decision verifying conditions for judgment enforcement, unless otherwise agreed upon by the parties. Decision on verification must specify the basis, verification details, and be written in the log of verification of judgment enforcement conditions using form regulated by Minister of Justice.
Decision on verification must be sent to the People’s Procuracy of district where the bailiff office is located and civil judgment enforcement authority entitled to enforce judgment as per civil judgment enforcement laws.
2. Verification of conditions for judgment enforcement shall be carried out in person or via documents requesting agencies, organizations, and individuals to provide information.
3. In case of verification in person, bailiff shall present letter of introduction of bailiff office, bailiff card, and relevant documents according to Point a Clause 4 of this Article, present decision on verification or decision on judgment enforcement if the bailiff office organizes judgment enforcement, and record the verification process. The record must bear signature of the bailiff, information providers, and confirmation of agencies, organizations, and individuals that provide information. If provision of information cannot be carried out immediately, state the reason in the record. The record shall be made into 2 copies; each party shall keep 1 copy.
If necessary, bailiff has the right to invite specialized authorities or experts to help with verification details.
4. In case of verification in form of documents, the documents requesting information must contain:
a) The basis for requesting information, including: Name of legally effective judgment, decision; Decision on verification, copies of written agreement on verification of conditions for judgment enforcement; Decision on judgment enforcement if the bailiff office organizes judgment enforcement;
b) Information on judgment debtors, including: Name and head office address of organization judgment debtors; full name and residence address of individual judgment debtors, and other necessary information;
c) Requested information within competence of bailiff according to this Decree;
d) Time and deadline for information provision;
dd) Other relevant information.
Documents requesting information and relevant documents shall be sent to agencies, organizations, and individuals to request information and People’s Procuracy of district where the bailiff office is based in. If verification takes place outside of province where the bailiff office is located, the bailiff must also send to People’s Procuracy of district where the verification occur.
5. Other regulations in civil judgment enforcement also apply to verification of conditions for judgment enforcement of bailiff.
Article 46. Withholding of information
1. Agencies, organizations, and individuals have the right to withhold information when:
a) The case is not within the bailiff’s competence to verify;
b) Agencies, organizations, and individuals whose information is requested do not have obligations to enforce judgment under bailiff’s competence to verify;
c) Written request for information does not contain sufficient documents in accordance with Article 45 hereof;
d) Requested information, documents are considered classified information in accordance with relevant law provisions.
2. Agencies, organizations, and individuals that choose to withhold information must respond and state reason in writing.
Article 47. Confidentiality of information verifying conditions for judgment enforcement
1. Information verifying conditions for judgment enforcement shall only be used for enforcement of judgment, legally effective decisions and be treated as confidential information as per the law.
2. Bailiffs, bailiff offices, solicitors, relevant agencies, organizations, and individuals are responsible for ensuring confidentiality of provided information.
3. Agencies, organizations, and individuals committing violations under Clause 1 and Clause 2 of this Article shall be met with administrative penalties or criminal prosecution, mandated compensation (if any) as per the law depending on nature and severity of the violations.
Article 48. Use of verification results of conditions for judgment enforcement
1. Judgment creditors, persons with relevant rights and obligations have the right to use verification results of conditions for judgment enforcement of bailiffs to demand judgment enforcement or protect legal rights. Civil judgment enforcement authorities and bailiff offices entitled to enforce judgment shall rely on verification results to organize judgment enforcement.
2. If there are grounds indicating that verification results are not objective or accurate, civil judgment enforcement authorities and bailiff office have the right to not use the results as long as they respond and state the reason in writing.
Article 49. Entrusting verification of conditions for judgment enforcement
1. Bailiff office can entrust tasks under service agreement for verification of conditions for judgment enforcement to another bailiff office in part or in whole only if the solicitor agrees.
2. The entrusting between bailiff offices must be recorded in writing and cover: Information on bailiff offices; information on persons requesting verification, verified details as per signed service agreement; entrusting details, implemented details (if any), verified details, entrusting fees, and other agreements (if any).
People’s Procuracies of districts where the entrusting bailiff office and entrusted bailiff office are located must be notified of the entrusting in writing as per the law.
3. Entrusted bailiff office shall carry out verification in accordance with this Decree and civil judgment enforcement laws.
Article 50. Cooperation of relevant agencies, organizations, and individuals in verifying conditions for judgment enforcement
1. Legal - civil status, cadastral - construction - urban and environment officials, other commune-level public officials, social insurance authorities, credit institutions, land registration authorities, secured transaction registration authority, notary organizations, and other individuals, organizations, agencies holding information or managing assets, accounts of judgment debtors shall cooperate and assist bailiffs in verifying conditions for judgment enforcement; providing information on conditions for judgment enforcement of judgment debtors and be responsible for provided information.
2. Agencies, organizations, and individuals holding information or managing assets, accounts of judgment debtors shall sign the record when bailiffs verify in person or provide information in writing at request of bailiffs within 5 working days from the date on which they receive the request, or provide written response and state reason in case of rejection.
Documents providing information must cover: Date of information provision; provided information within competence of bailiffs according to this Decree.
3. If organizations, agencies, or individuals provide false information regarding conditions for judgment enforcement of judgment debtors, they must be legally responsible, settle all incurred costs, and pay damages (if any) as per the law.
Section 4. ENFORCEMENT OF JUDGMENTS, DECISIONS AT REQUEST OF LITIGANT
Article 51. Entitlement to organize judgment enforcement of bailiff
1. Bailiffs have the right to organize judgment enforcement at request of litigants for the following judgments, decisions:
a) First-instance judgments, decisions that have entered into effect of People’s Courts of districts, district-level towns and equivalent (hereinafter referred to as “district-level People’s Courts”); first-instance judgments, decisions that have entered into effect of provincial People’s Courts where bailiff offices are located;
b) Appellate judgments, decisions of provincial People’s Courts where bailiff offices are located for first-instance judgments, decisions that have not entered into effect of district-level People’s Courts; appellate judgments, decisions of High-level People's Courts for first-instance judgments, decisions that have not entered into effect of provincial People’s Courts where bailiff offices are located;
c) Decision on cassation, retrial of the High-level People's Courts for judgments, decisions that have entered into effect of district-level People’s Courts, provincial People’s Courts where bailiff offices are located.
2. Bailiffs shall not organize enforcement of judgments, decisions which are under the authority of directors of civil judgment enforcement authorities in accordance with Clause 2 Article 346 of the Law on Civil Judgment Enforcement.
Article 52. Tasks and powers to organize judgment enforcement of bailiffs
1. When organizing judgment enforcement, bailiffs have the tasks and powers to:
a) Promptly and adequately implement decisions on judgment enforcement promulgated by directors of civil judgment enforcement authorities at request of directors of bailiff offices; adequately adopt regulations on procedures enforcing judgments, ensuring state benefits, legal rights and benefits of litigants and persons with relevant rights, obligations;
b) Invite litigants and persons with relevant rights and obligations to resolve judgment enforcement;
c) Request heads of civil judgment enforcement authority to consider and amend promulgated decision on judgment enforcement at request of directors of bailiff offices;
d) Verify conditions for judgment enforcement of judgment debtors; request relevant agencies, organizations, and individuals to cooperate in providing information and documents in order to verify address and assets of judgment debtors.
2. When organizing judgment enforcement, bailiffs are not allowed to:
a) Adopt judgment security interests and coercive judgment enforcement in accordance with Article 61, Article 71, and Article 72 of the Law on Civil Judgment Enforcement;
b) Use combat gears while performing duty in accordance with Clause 9 Article 20 of the Law on Civil Judgment Enforcement;
c) Impose administrative penalties;
d) Request the Court to determine, classify, and handle common property for judgment enforcement in accordance with Article 74 of the Law on Civil Judgment Enforcement;
dd) Request the court to declare void transactions in accordance with Clause 2 Article 75 of the Law on Civil Judgment Enforcement;
e) Request the court to identify persons with ownership, the right to use assets, documents; determine ownership, the right to use assets to enforce judgments, settle asset disputes; dispose papers, transactions relating to assets; settle disputes regarding asset auction results in accordance with Clause 4 Article 68, Clause 3 Article 69 and Clause 2 Article 102 of the Law on Civil Judgment Enforcement.
Article 53. The right to request judgment enforcement
1. Given the same request and at the same time, a solicitor only has the right to request one bailiff office or one civil judgment enforcement to organize judgment enforcement.
2. If a judgment creditor benefits from multiple clauses in the same judgment or decision enforced by a person with obligations, a judgment creditor only has the right to request a civil judgment enforcement authority or a bailiff office to organize implementation at any given time. If clauses are implemented by multiple people with obligations, the judgment creditor has the right to request civil judgment enforcement authority, bailiff office to implement each clause separately.
If some judgment creditors request a civil judgment enforcement authority to organize implementation of the same judgment or decision and some judgment creditors request a bailiff office to organize implementation of that same judgment or decision, the civil judgment enforcement authority and bailiff office shall cooperate in implementation.
3. Time limit and procedures for requesting judgment enforcement shall conform to regulations and law on civil judgment enforcement.
Article 54. Agreement on organizing judgment enforcement
1. Agreement on organizing judgment enforcement between persons requesting judgment enforcement and bailiff offices shall be expressed as service contracts which contain:
a) Date of judgment enforcement request;
b) Clauses requested for implementation together with the judgment, decision;
c) Responsibilities of bailiff offices in implementation of request for judgment enforcement as entrusted;
d) Costs and payment methods;
dd) Other agreements (if any).
The contract shall be made into 2 copies, each of which is kept by a party.
2. After signing the contract, bailiff office must log in the judgment enforcement record prepared using form regulated by Minister of Justice.
Article 55. Decision on judgment enforcement
1. Within 5 working days from the date on which the service contract is signed, director of bailiff office shall request director of Sub-department of Civil Judgment Enforcement or director of Department of Civil Judgment Enforcement where the bailiff office is based in writing to issue decision on judgment enforcement based on the service contract and entitlement to enforce judgments under Article 35 of the Law on Civil Judgment Enforcement. The written request must be accompanied by the request for judgment enforcement as entrusted, the enforced judgment, decision according to the Law on Civil Judgment Enforcement, and relevant documents.
2. Within 5 working days from the date on which written request of director of bailiff office is received, director of civil judgment enforcement authority must review and issue decision on judgment enforcement; or provide written response and state reason in case of rejection.
3. Decision on judgment enforcement shall contain:
a) Full name and title of the person issuing the decision;
b) Date of issue, name of agency or organization that issues the decision;
c) Name and address of judgment creditor(s);
d) Name and address of judgment debtor(s);
dd) Name and address of bailiff office that organizes judgment enforcement;
e) Tasks carried out by bailiff in order to organize judgment enforcement;
g) Time limit for voluntary compliance of judgment debtor(s).
Decision on judgment enforcement must be logged in the judgment enforcement record which uses form regulated by Ministry of Justice.
4. Tasks carried out by bailiff in order to organize judgment enforcement in accordance with Point e Clause 3 of this Article include:
a) Verifying conditions for judgment enforcement;
b) Organizing judgment enforcement;
c) Reaching an agreement on judgment enforcement;
d) Paying judgment enforcement fee.
5. Within 2 working days from the date on which decision on judgment enforcement of director civil judgment enforcement authority is received, the bailiff office that requested shall send the decision on judgment enforcement to judgment debtors and creditors, district-level People’s Procuracy (if the case is within competence of district-level judgment enforcement authority) or provincial People’s Procuracy (if the case is within competence of provincial judgment enforcement authority) where the bailiff office is based in.
6. Heads of civil judgment enforcement authority are legally responsible to litigants and persons with relevant rights and benefits for their decision to issue or not issue decision on judgment enforcement at request of director of bailiff office.
The bailiff is legally responsible to litigants and persons with relevant rights and benefits for requesting issuance of decision on judgment enforcement and organizing implementation of decision on judgment enforcement of director of civil judgment enforcement authority.
7. Decision on judgment enforcement issued at request of bailiff office is not under civil judgment enforcement authority’s competence to accept and organize implementation.
Article 56. General judgment enforcement procedures of bailiff
1. Bailiff shall adopt judgment enforcement procedures in accordance with this Decree and civil judgment enforcement laws.
2. Handle situations in which a case is transferred from a civil judgment enforcement authority to a bailiff office and vice versa:
a) Regarding cases that were organized for implementation by civil judgment enforcement authorities after which point the litigants request suspension of judgment enforcement in order to allow bailiff offices to organize implementation, the litigants do not have the right to request civil judgment enforcement authorities to continue implementation of clauses that have been suspended by decisions of judgment enforcement authorities;
b) Regarding cases that were organized for implementation by bailiff offices after which point the litigants request suspension of judgment enforcement and terminate contracts signed with bailiff offices, judgment creditors can request civil judgment enforcement authorities and other competent bailiff offices to organize further implementation, except for cases mentioned under Point a of this Clause;
c) New request for judgment enforcement of the litigants must specify previous enforcement results, request for further enforcement, and information and documents related to the request. Legitimate procedures and implementation results of previous judgment shall remain legitimate, usable, be acknowledged, and used as the prelude to further judgment enforcement.
Article 57. Termination of judgment enforcement of bailiff
Bailiffs shall terminate judgment enforcement and notify the termination to Sub-departments of Civil Judgment Enforcement or Departments of Civil Judgment Enforcement which previously issued decision on judgment enforcement when:
1. The enforcement naturally ends according to civil judgment enforcement laws;
2. The termination occurs according to agreement between bailiffs and the litigants, unless the termination affects rights and benefits of a third party;
3. Security interests or coercive judgment enforcement is required according to the Law on Civil Judgment Enforcement;
4. Conditions for judgment enforcement occur outside of provinces where bailiff offices of the bailiffs in charge of judgment enforcement are based in;
5. The judgment creditors do not request the court to determine property ownership, land use right of judgment debtors among the common properties in accordance with Clause 1 Article 74 of the Law on Civil Judgment Enforcement in 15 days from the date on which the judgment creditors receive the notice and the judgment debtors have no other properties;
6. The judgment creditors do not request the court to declare property-related transactions null in accordance with Clause 2 Article 75 of the Law on Civil Judgment Enforcement in 15 days from the date on which the judgment creditors receive the notice and the judgment debtors have no other properties;
7. Cases in which the court must be requested to determine persons with ownership, use right of properties, papers; determine ownership, use right of properties to enforce judgment, settle property disputes; request cancellation of property-related documents, transactions; settle disputes regarding property in accordance with Clause 4 Article 68, Clause 3 Article 69, and Clause 2 Article 102 of the Law on Civil Judgment Enforcement occur and the judgment debtors have no other properties.
Article 58. Legal consequences when terminating judgment enforcement
1. Upon termination of judgment enforcement, bailiff offices and persons must finalize service contracts for judgment enforcement. During finalization of contracts and settlement of arising issues, the parties shall request the court to settle any arising disputes as per the law;
Regarding unclaimed money and properties, bailiff offices shall take actions in accordance with the Law on Civil Judgment Enforcement and civil laws regarding unclaimed properties.
Regarding unfinished cases, the litigants have the right to request further judgment enforcement in accordance with Article 53 hereof.
2. In case of termination in accordance with Clauses 3, 4, 5, 6, and 7 Article 57 hereof, prior to contract finalization, directors of bailiff offices must:
a) Promulgate decisions or request competent authorities to promulgate decision to revoke decisions, notices, and documents regarding enforcement of unfinished judgments;
b) Transfer all judgment enforcement documents to civil judgment enforcement authorities entitled to organize judgment enforcement in accordance with the Law on Civil Judgment Enforcement;
c) Inform the litigants about document transfer in writing and inform persons requesting judgment enforcement in writing that they have the right to request civil judgment enforcement authorities to organize judgment enforcement in accordance with civil judgment enforcement laws.
3. In case of termination under Article 57 hereof, prior to contract finalization, directors of bailiff offices must inform district-level People’s Procuracies (if said cases are within competence of district-level judgment enforcement authorities) or provincial People’s Procuracies (if said cases are within competence of provincial judgment enforcement authorities) where bailiff offices are based in in writing about termination of judgment enforcement and transfer of documents to civil judgment enforcement authorities.
4. Civil judgment enforcement authorities have the responsibilities to:
a) Receive judgment enforcement documents sent by bailiff offices;
b) Receive request for judgment enforcement from litigants, issue decision on judgment enforcement, and assign enforcers to organize enforcement, except for cases under Point a Clause 2 Article 56 hereof;
c) Recognize and use previous judgment enforcement results produced by bailiffs when the case is continued if these results do not violate the law.
Article 59. Payment of judgment enforcement fee
1. Payment of judgment enforcement fee of bailiffs shall conform to regulations and law on civil judgment enforcement.
2. Civil judgment enforcement authorities and bailiff offices must cooperate in paying judgment enforcement fee in case judgment debtors must carry out multiple obligations enforced by civil judgment enforcement authorities and bailiff offices simultaneously.
Article 60. Responsibilities of agencies in judgment enforcement
1. Civil judgment enforcement authorities have following responsibilities:
a) Sub-departments of Civil Judgment Enforcement Authorities, Departments of Civil Judgment are responsible for promulgating decisions on judgment enforcement at request of bailiff offices; transferring decisions on judgment enforcement to requesting bailiff offices within 2 working days from the date on which the decisions are issued.
Departments of Civil Judgment Enforcement where bailiff offices are located are responsible for assisting judgment enforcement carried out, guiding the cooperation in judgment enforcement between Sub-departments of Civil Judgment Enforcement and bailiff offices and between local bailiff offices;
b) Sub-departments of Civil Judgment Enforcement Authorities, Departments of Civil Judgment Enforcement are responsible for cooperating with bailiff offices in verifying conditions for judgment enforcement and paying judgment enforcement fee as per the law.
2. Social insurance authorities, State Treasury, and credit institutions shall cooperate in providing information and assisting bailiff offices, bailiff offices in verifying conditions for judgment enforcement in accordance with this Decree and civil judgment enforcement laws.
3. Property registration authorities, secured transactions registration authorities have the responsibilities to:
a) Register property ownership, land use right for persons purchasing properties, judgment creditors receiving properties in order to offset against the amount receivable by judgment creditors;
b) Revoke, amend, and annul documents certifying property ownership, land use right, and secured transaction registration issued to judgment debtors; issue new versions of those documents as per the law.
Section 5. PAYMENT FOR BAILIFFS’ PERFORMANCE
Article 61. Payment for bailiffs’ performance
Payment for bailiff’s performance must be recorded in the contract between the bailiff office and solicitor.
Article 62. Payment for service of documents of the court, People’s Procuracies, and civil judgment enforcement authorities
1. Payment for service of documents of the court, People’s Procuracies, and civil judgment enforcement authorities shall be agreed upon by the court, People’s Procuracies, civil judgment enforcement authorities and bailiff offices via contracts according to Clause 3 Article 33 hereof on the basis of payments specified under Clause 2 of this Article.
2. Payment for service is regulated as follows:
a) At least 65.000 VND/matter and up to 130.000 VND/matter, except for cases specified under Point b of this Clause;
b) In case documents are served outside of provinces or in islands, archipelagoes outside of districts where bailiff offices are located, court, People’s Procuracies, and civil judgment enforcement authorities shall reach an agreement with bailiff offices regarding service costs, including: Additional costs without exceeding working allowance policies in accordance with regulations and law applicable to state authorities and public service providers; wages based on working days of persons serving documents without exceeding minimum wages of employees working at state authorities and public service providers.
Service payment mentioned under this Clause includes public posting in case bailiffs cannot serve the documents directly and must publicly post the documents as per proceeding laws and civil judgment enforcement laws.
3. Payment for service of documents shall be made as follows:
a) Payment shall be made on a monthly basis. Bailiff offices are responsible for issuing and transferring invoice to courts, People’s Procuracies, and civil judgment enforcement authorities. Within 5 working days from the date on which invoice and legitimate instruments are received, the aforementioned entities are responsible for completing payment procedures and documents by transferring payment to State Treasury in order to control service payment for bailiff offices;
b) Regarding instances of service where the litigants must incur the payment as per the law, courts, People’s Procuracies, and civil judgment enforcement authorities shall collect and transfer the payment to bailiff offices. Regarding instances of service where the state budget incurs the payment as per the law, the courts, People’s Procuracies, and civil judgment enforcement authorities shall transfer to bailiff offices;
c) If payments made by the litigants have not been collected in accordance with Point a of this Clause, civil judgment enforcement authorities shall pay bailiff offices in advance using expenditure estimates assigned by competent authorities in accordance with regulations and law on state budget. Civil judgment enforcement authorities are responsible for expediting service payment made by the litigants in order to return to state budget;
d) When serving documents of civil judgment enforcement authorities, if the case is then entrusted, the civil judgment enforcement authorities that transferred documents to bailiff for service must incur payment for implemented document service. If service payment to be incurred by the litigants has not been collected, the entrusting civil judgment enforcement authorities must request entrusted civil judgment enforcement authorities in writing to collect service payment from the litigants;
dd) State Treasury shall control service payment as per the law.
4. On an annual basis, based on workload of the previous year, payment mentioned under this Article, and expected workload of the planning year, the courts, People’s Procuracies, and civil judgment enforcement authorities shall produce estimates of service payment in order to consolidate together with their budget estimates and submit to superior in accordance with state budget laws and separate into 2 sections:
a) Service payment incurred by the state budget;
b) Advance service payment in case of service payment incurred by the litigants.
Article 63. Payment for service of documents relating to judicial assistance in civil matters of foreign competent authorities
Payment for service of documents relating to judicial assistance in civil matters of foreign competent authorities shall be regulated by Minister of Justice.
Article 64. Costs for producing bailiff’s report and verifying conditions for judgment enforcement
1. Costs for producing bailiff’s report and verifying conditions for judgment enforcement shall be agreed upon for work piece or working hour.
2. Bailiff offices must regulate and publicly post costs for producing bailiff’s reports and verifying conditions for judgment enforcement, specifically the maximum costs, the minimum costs and calculation methods.
On the basis of publicly posted costs, solicitors and bailiff offices may reach additional agreements on costs based on work piece or working hour and other costs, including: Travel costs; service fees for agencies providing information; costs for witnesses, participants, or other costs (if any).
3. In case the bailiff office that organizes judgment enforcement must perform verification, verification costs shall be agreed upon by the bailiff and solicitor in accordance with Clause 2 of this Article or included in civil judgment enforcement costs in accordance with Article 65 hereof.
Article 65. Civil judgment enforcement costs
When organizing judgment enforcement, bailiff offices can charge civil judgment enforcement costs regulated by regulations and law on fees and charges. For complicated cases, bailiff offices and solicitors can reach an agreement on costs for the whole case.
Chapter V
CARRYING OUT STATE MANAGEMENT, HANDLING VIOLATIONS, RESOLVING COMPLAINTS, ACCUSATIONS, DISPUTES, AND CONTROLING OPERATION OF BAILIFFS
Article 66. Responsibilities of the Government
1. The Government shall carry out joint state management regarding bailiff.
2. The Ministry of Justice shall be responsible to the Government and Prime Minister for carrying out state management of bailiff and have the tasks and powers to:
a) promulgate or request competent authorities to promulgate legislative documents on bailiff; and
b) provide professional guidance, inspect, and investigate bailiff; and
c) provide bailiff training and refresher training; and
d) issue code of professional ethics of bailiff; and
dd) assign, reassign, and remove bailiff; and
e) settle disputes and accusations regarding bailiff as per the law; and
g) carry out other tasks and powers according to this Decree and relevant laws.
Article 67. Responsibilities of ministries and ministerial agencies
1. Minister of Public Security is responsible for guiding detention centers to collect money and properties payable by judgment debtors when the judgment debtors are serving prison sentences.
2. Minister of Finance is responsible for guiding the State Treasury, social insurance authorities, tax authorities, and affiliated entities to cooperate with bailiffs in verifying conditions for judgment enforcement and organizing judgment enforcement in accordance with this Decree and relevant laws; guiding financial regulations under this Decree.
Article 68. Responsibilities of provincial People’s Committees
1. Provincial People’s Committees carrying out state management regarding bailiff in their provinces and cities have the tasks and powers to:
a) manage operation of bailiff in their provinces and cities; publicize and disseminate bailiff’s operation; and
b) approve the Scheme for development of bailiff office in their provinces and cities; and
c) permit the establishment, conversion, merger, acquisition, ownership transfer, and termination of bailiff office operation; and
d) inspect, investigate, settle disputes and accusations regarding bailiff as per the law; and
dd) carry out other tasks and powers according to this Decree and relevant law provisions.
2. Departments of Justice assisting provincial People’s Committees in carrying out state management regarding bailiff in their provinces and cities shall have the tasks and powers to:
a) verify information in documents on assignment, removal of bailiffs at request of Ministry of Justice; register operation, issue, re-issue, and revoke bailiff card; promulgate decision on suspension of bailiff operation; and
b) take charge and cooperate with departments and local governments in developing Scheme for development of bailiff office in their provinces and cities and request provincial People’s Committees to approve; and
c) receive, appraise application, and request provincial People's Committees to permit establishment, conversion, merger, acquisition, ownership transfer, and termination of bailiff office; and
d) issue and revoke license to operate bailiff office; issue decision on suspension of bailiff office; and
dd) develop database on bailiff’s report in accordance with Clause 4 Article 39 hereof; and
e) inspect, investigate, settle disputes and accusations regarding bailiff as per the law; and
g) submit reports on organization and operation of bailiff to Ministry of Justice and provincial People's Committees in accordance with this Decree and relevant law provisions; and
h) carry out other tasks in accordance with this Decree and relevant law provisions and at request of Ministry of Justice, provincial People’s Committees.
Article 69. Handling violations
1. Bailiffs that violate this Decree shall be met with administrative penalties or criminal prosecution and mandated to pay damages (if any) depending on nature and severity of the violations as per the law.
2. Bailiff offices that violate this Decree shall be met with administrative penalties and mandated to pay damages (if any) as per the law.
3. Bailiff solicitors who provide false information, documents, fabricated documents, illegal documents, or commit other fraud shall be met with administrative penalties or criminal prosecution and mandated to pay damages (if any) as per the law depending on the nature and severity of the violations.
4. Persons with powers and positions who violate legal rights and benefits of bailiffs, bailiff offices or obstruct the performance of rights, obligations of bailiffs or bailiff offices shall be met with disciplinary actions or criminal prosecution and mandated to pay damages (if any) as per the law.
5. Individuals who work as bailiff in any shape or form despite being ineligible for doing so must cease the violation, be met with administrative penalties or criminal prosecution, and mandated to pay damages (if any) as per the law.
Organizations which work as bailiff in any shape or form despite being ineligible for doing so must cease the violation, be met with administrative penalties, and mandated to pay damages (if any) as per the law.
Article 70. Resolving complains
1. Resolution of complaints regarding assignment, reassignment, and removal of bailiffs; registration for operation and issuance of bailiff cards; suspension from bailiff operation; establishment, registration for operation, conversion, merger, acquisition, ownership transfer, suspension, and termination of bailiff offices shall be implemented in accordance with regulations and law on complaints.
2. Resolution of complaints regarding service of process of the courts and People’s Procuracies shall be implemented in accordance with proceeding laws.
3. Resolution of complaints regarding civil judgment enforcement in accordance with Law on Civil Judgment Enforcement shall be implemented as follows:
a) File a complaint about issuance or failure to issue decision on judgment enforcement at request of director of bailiff office:
If individuals entitled to issue decision on judgment enforcement are directors of Sub-departments of Civil Judgment Enforcement, directors of Departments of Civil Judgment Enforcement shall resolve complaints initially within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Departments Civil Judgment Enforcement, they have the right to file the complaints to General Director of the General Department of Civil Judgment Enforcement. The General Director of the General Department of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by the General Director of the General Department of Civil Judgment Enforcement comes into effect;
If individuals entitled to issue decision on judgment enforcement are directors of Departments of Civil Judgment Enforcement, the General Director of the General Department of Civil Judgment Enforcement shall resolve complaints initially within 30 days from the date on which they receive the complaints. If the persons filing the complaints do not agree with decision of the General Director of the General Department of Civil Judgment Enforcement, they have the right to file the complaints to Minister of Justice. Minister of Justice shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. The decision on complaint resolution issued by Minister of Justice will then enter into force;
b) File a complaint about actions of directors of bailiff offices, bailiffs:
Regarding cases under entitlement of directors of Sub-departments of Civil Judgment Enforcement to issue decision on judgment enforcement in accordance with Article 55 hereof, the directors of Sub-departments shall handle initial complaints about actions of directors of bailiffs and bailiffs within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Sub-departments Civil Judgment Enforcement, they have the right to file the complaints to directors of Departments of Civil Judgment Enforcement. Directors of Departments of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by directors of Departments of Civil Judgment Enforcement will then come into effect;
Regarding cases under entitlement of directors of Departments of Civil Judgment Enforcement to issue decision on judgment enforcement in accordance with Article 55 hereof, the directors of Departments shall handle initial complaints about actions of directors of bailiffs and bailiffs within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Departments Civil Judgment Enforcement, they have the right to file the complaints to General Director of the General Department of Civil Judgment Enforcement. The General Director of the General Department of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by the General Director of the General Department of Civil Judgment Enforcement comes into effect;
If the case takes place in remote or rural areas where travel is difficult, the deadline for resolving complaints can be extended up to 60 days;
c) If necessary, Minister of Justice has the right to reconsider decision on complaint resolution that has entered into force.
Article 71. Resolving accusations
Accusations and resolution thereof in bailiff operation shall conform to regulations and law on accusations.
Article 72. Resolving disputes
1. Disputes regarding contract execution and non-contractual damages relating to the performance of bailiff shall be resolved by competent authorities in accordance with civil and civil proceeding laws.
2. Regarding disputes over issuance of bailiff’s report, the parties have the rights to file a lawsuit and request the court to resolve.
Article 73. Controlling operation of bailiff
Service of process of the courts, People’s Procuracies, and civil judgment enforcement authorities, verification of conditions for judgment enforcement, and organization of judgment enforcement of bailiffs shall be controlled by the People’s Procuracies in accordance with the Law on People’s Procuracy, proceeding laws, civil judgment enforcement laws, this Decree, and relevant laws.
Chapter VI
ENTRY INTO FORCE AND TRANSITION CLAUSES
Article 74. Entry into force and transition clauses
1. This Decree comes into force from February 24, 2020.
2. Decree No. 61/2009/ND-CP dated July 24, 2009 of the Government and Decree No. 135/2013/ND-CP dated October 18, 2013 of the Government shall expire from the effective date hereof, except for cases under Clause 4 of this Article.
3. Bailiffs who have been assigned and bailiff offices which have been established under Decree No. 61/2009/ND-CP dated July 24, 2009 of the Government and Decree No. 135/2013/ND-CP dated October 18, 2013 of the Government shall continue to cooperate in accordance with this Decree.
4. Regulations on eligibility for bailiff under Decree No. 61/2009/ND-CP dated July 24, 2009 and Decree No. 135/2013/ND-CP dated October 18, 2013 of the Government shall continue to apply for 1 year from the effective date hereof.
5. Bailiffs assigned before the effective date here and wishing to change location of operation, bailiff offices where the bailiffs wish to transfer to shall register operation and issue bailiff cards to the bailiffs in accordance with Article 15 hereof.
6. Persons removed from holding bailiff positions on their own volition before the effective date hereof shall be considered for reassigned in accordance with Clause 1 and Clause 4 Article 14 hereof.
7. Regarding cases that bailiff offices have accepted but not fully resolved before the effective hereof, procedures that been implemented in accordance with the law shall be acknowledged while remaining procedures shall be implemented in accordance with this Decree.
8. Regarding civil cases that bailiff offices have accepted but not fully resolved before the effective date hereof at which point cases under Point a, d, dd, or e Clause 2 Article 52 hereof occurs, judgment enforcement must be terminated in accordance with Article 57 while Article 58 hereof must be conformed with.
Regarding civil cases that civil judgment enforcement authorities have issued decisions suspending judgment enforcement in order to allow bailiff offices to organize enforcement before the effective date hereof after which point the cases must be subject to security interests and/or coercive judgment enforcement in accordance with the Law on Civil Judgment Enforcement, civil judgment enforcement authorities shall receive the cases again in order to issue decisions on judgment enforcement and organize judgment enforcement in accordance with civil judgment enforcement laws.
9. Bailiff’s report registry mentioned under Clause 4 Article 39 hereof shall be in use until bailiff’s report database is developed.
10. Schemes for bailiff implementation of provinces and central-affiliated cities approved before the effective date hereof shall continue to be implemented as long as they conform to this Decree.
Article 75. Responsibilities for implementation
1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People's Committees are responsible for the implementation of this Decree.
2. Minister of Justice, within their tasks and powers, shall cooperate with relevant ministries in guiding implementation of articles and clauses and other necessary details under this Decree in order to fulfill state management requirements regarding bailiff.
3. Provincial People’s Committees shall direct People’s Committees of all levels and relevant authorities to cooperate and enable bailiffs to carry out their tasks./.
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