Decree No. 08/2020/ND-CP the organization and operation of bailiffs
Bailiffs not allowed to carry out on a part-time basis as a lawyer
On January 08, 2020, the Government promulgates the Decree No. 08/2020/ND-CP on the organization and operation of bailiffs.
Accordingly, the Government clearly states 05 jobs that bailiffs may not perform as follow:
Firstly, bailiffs shall not allowed to disclose information about the performance of their jobs, unless otherwise provided by law; to use information about bailiff operation to infringe upon lawful rights and interests of individuals, agencies and organizations.
Next, bailiffs shall not perform, while on duty, jobs related to rights and benefits of their own and their relatives, including their spouses, offspring and adopted children; their or their spouses’ blood parents, adoptive parents, grandparents, uncles, aunts and siblings; and blood grandchildren, nephews or nieces of whom they are grandparents, uncles or aunts…
Especially, bailiffs shall not allowed to carry out on a part-time basis notarization, lawyer, price appraisal, or asset auction, management or liquidation practice.
This Decree also states that expenses for serving papers, files and documents of courts, people’s Procuracies and civil judgment enforcement agencies shall be Between VND 65,000/matter and VND 130,000/matter, except the case of serving papers, files and documents outside provincial-level localities or on islands or archipelagoes outside district-level localities where bailiff offices are based.This Decree takes effect on February 24, 2020.
For further details of the Decree 08/2020/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, January 8, 2020
On the organization and operation of bailiffs
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the National Assembly’s Resolution No. 107/2015/QH13 of November 26, 2015, on implementation of regulations on bailiffs;
At the proposal of the Minister of Justice,
The Government promulgates the Decree on the organization and operation of bailiffs.
Article 1. Scope of regulation
This Decree provides bailiffs and practice organizations of bailiffs; the scope of, and competence and procedures for, performance of bailiff’s jobs; supervision of operation of bailiffs; settlement of bailiff-related complaints, denunciations and disputes, and state management of bailiffs.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Bailiff means a person who is qualified and appointed by the State to serve proceeding documents, make deeds, verify conditions for execution of civil judgments, and organize the execution of civil judgments in accordance with this Decree and relevant laws.
2. Serving means notification and handover by bailiffs of papers, files and documents in accordance with this Decree and relevant laws.
3. Deed means a document made by a bailiff to record an event or act he/she has personally witnessed upon request of an individual, agency or organization in accordance with this Decree.
Article 3. Jobs that bailiffs may perform
1. To serve papers, files and documents in accordance with this Decree and relevant laws.
2. To make deeds upon request of individuals, agencies or organizations in accordance with this Decree.
3. To verify judgment execution conditions upon request of involved parties and persons with related interests and obligations in accordance with this Decree and relevant laws.
4. To organize the execution of court judgments and rulings upon request of involved parties in accordance with this Decree and relevant laws.