Decree No. 08/2020/ND-CP the organization and operation of bailiffs

DECREE

On the organization and operation of bailiffs^[1]

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.

Chapter I

GENERAL PROVISIONS

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.

Article 4. Jobs that bailiffs may not perform

1. 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.

2. To ask for any material benefits other than expenses stated in contracts.

3. To carry out on a part-time basis notarization, lawyer, price appraisal, or asset auction, management or liquidation practice.

4. To 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.

5. Other jobs banned by law.

Article 5. Coordination between individuals, agencies or organizations and bailiffs or bailiff offices

1. Within the ambit of their tasks, powers and obligations, individuals, agencies or organizations shall coordinate with bailiffs or bailiff offices in performing bailiff’s jobs in accordance with this Decree and relevant laws; and may not disclose information about the performance of bailiff’s jobs, unless otherwise provided by law.

2. Any acts illegally obstructing or intervening into operation of bailiffs or bailiff offices or illegally rejecting requests of bailiffs or disclosing information about the performance of bailiff’s jobs shall be handled in accordance with law. If damage is caused, compensation shall be paid in accordance with law.

Chapter II

BAILIFFS

Article 6. Criteria for a bailiff to be appointed

1. Being a Vietnamese citizen aged 65 years or under, permanently residing in Vietnam, strictly abiding by the Constitution and law, and possessing good ethical qualities.

2. Possessing a university or postgraduate degree in law.

3. Having at least 3 years’ working experience in the legal affairs sector in an agency or organization after having obtained a university or postgraduate degree in law.

4. Having graduated from a bailiff training course or having the equivalence of his/her overseas bailiff training diploma recognized or having completed a bailiff further training course as specified in Article 7 of this Decree.

5. Having passed the exam of bailiff practice probation results.

Article 7. Bailiff training or further training and recognition of equivalence of overseas bailiff training diplomas

1. A person who fully satisfies the criteria specified in Clauses 1 and 2, Article 6 of this Decree may attend a bailiff training course at the Judicial Academy of the Ministry of Justice. A dossier of registration for attending a bailiff training course shall be made in 1 set comprising a registration for attending a bailiff training course, made according to a form provided by the Minister of Justice; and a certified copy of the registration requester’s university or postgraduate degree in law or a copy together with the original diploma of such degree for checking.

A person who has completed a bailiff training course shall be granted a certificate of graduation from a bailiff training course.

2. Bailiff training is not required for persons who have worked for at least 5 years as judges, procurators, enforcers or investigators; lawyers or notaries who have practiced for at least 5 years; professors or associate processors in law or doctors of law; persons who are principal verifiers or senior verifiers in the court sector or principal examiners or senior examiners in the procuracy sector; persons who are senior inspectors, senior specialists, senior researchers or senior lecturers in the legal affairs sector; or persons who are principal verifiers or senior verifiers in the civil judgment execution sector.

3. Persons not required to attend bailiff training courses specified in Clause 2 of this Article shall attend a bailiff further training course at the Judicial Academy. A dossier of registration for attending a bailiff further training course shall be made in 1 set comprising a registration for attending a bailiff further training course, made according to a form provided by the Minister of Justice; and certified copies of papers evidencing the registration requester’s exemption from bailiff training or copies together with originals of such papers for checking.

A person who has completed a bailiff further training course shall be granted a certificate of completion of a bailiff further-training course.

4. A dossier mentioned in Clause 1 or 3 of this Article shall be submitted directly or sent by post to the Judicial Academy. The Judicial Academy shall receive dossiers of training registration and notify a list of persons qualified for attending a training course or further training course at least 30 days before the date of the course opening. In case of dossier rejection, the Judicial Academy shall issue a notice, clearly stating the reason.

5. The duration of bailiff training is 6 months and the duration of bailiff further training is 3 months.

6. A person who requests recognition of equivalence of an overseas bailiff training diploma shall submit directly or send by post 1 dossier to the Ministry of Justice, which must comprise a request for recognition of equivalence of a bailiff training diploma, made according to a form provided by the Minister of Justice; and a notarized or certified translation of the bailiff diploma granted by an overseas training institution.

Within 30 days after receiving a complete and valid dossier, the Minister of Justice shall issue a decision on recognition of diploma equivalence for the person who received overseas bailiff training. In case of refusal to issue such decision, he/she shall issue a notice, clearly stating the reason.

7. The Minister of Justice shall specify contents and programs of bailiff training or further training and recognition of equivalence of overseas bailiff training diplomas.

Article 8. Bailiff practice probation

1. A person who possesses a certificate of graduation from a bailiff training course or a certificate of completion of a bailiff further training course or a decision on recognition of equivalence of an overseas bailiff training diploma shall submit directly or send by post 1 dossier of registration for bailiff practice probation to the provincial-level Department of Justice of the locality where the probationer-receiving bailiff office is based. Such dossier must comprise a registration for bailiff practice probation, made according to a form provided by the Minister of Justice; and a certified copy of the certificate of graduation from a bailiff training course or certificate of completion of a bailiff further-training course or a decision on recognition of equivalence of an overseas bailiff training diploma, or a copy together with the original certificate or decision for checking.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall send a notice of probation registration to the probationer and probationer-receiving bailiff office. In case of rejection of probation registration, it shall issue a notice, clearly stating the reason.

2. Change of place of probation:

a/ If wishing to change the place of probation within the same province or centrally run city, a probationer shall send a request for change of the place of probation, made according to a form provided by the Minister of Justice, to the provincial-level Department of Justice where he/she has registered the probation. Within 5 working days after receiving the request, the provincial-level Department of Justice shall send a notice of change of the place of probation to the probationer, the bailiff office that has received the probationer and the bailiff office that will receive the probationer. In case of refusal of the change, it shall issue a notice, clearly stating the reason;

b/ If wishing to change the place of probation from one province or centrally run city to another, a probationer shall send a request for change of the place of probation, made according to a form provided by the Minister of Justice, to the provincial-level Department of Justice where he/she has registered the probation. Within 5 working days after receiving the request, the provincial-level Department of Justice shall send a notice of change of the place of probation to the bailiff office that has received the probationer and the probationer and, at the same time, certify the probation period and number of probation suspensions (if any) of the probationer in the locality. In case of refusal of the change, it shall issue a notice, clearly stating the reason.

3. If having a plausible reason, a probationer may suspend his/her probation but shall notify such in writing to the bailiff office where he/she works as a practice probationer at least 5 working days before the date of suspension.

4. When having grounds for termination of probation, the bailiff office that has received the probationer shall send a report to the provincial-level Department of Justice of the locality where it is based. Within 5 working days after receiving the report, the provincial-level Department of Justice shall notify in writing the termination of probation to the probationer and the bailiff office that has received the probationer.

5. The probation duration is 6 months, for persons who have completed a bailiff training course, or 3 months, for persons who have completed a bailiff further training course, from the date the provincial-level Department of Justice issues a notice of probation registration.

6. A person falling into one of the cases specified in Clauses 1, 3, 4, 5, 6, and 7, Article 11 of this Decree may not register for bailiff probation.

7. The Minister of Justice shall specify bailiff practice probation and examination of bailiff practice probation results.

Article 9. Examination of bailiff practice probation results

1. A person who has completed a bailiff practice probation shall submit directly or send by post 1 dossier of registration for taking an exam of bailiff practice probation results to the provincial-level Department of Justice where he/she has registered the probation. The dossier must comprise a registration for taking an exam of bailiff practice probation results, made according to a form provided by the Minister of Justice; and a report on bailiff practice probation results together with remarks given by the instructing bailiff and certification by the bailiff office that has received the probationer.

2. Within 15 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall notify in writing the person registering to take an exam of bailiff practice probation results of the inclusion of his/her name in the list of examinees to be sent to the Ministry of Justice. In case of refusal to include his/her name in the list, it shall issue a notice, clearly stating the reason.

Article 10. Appointment of bailiffs

1. A person who fully satisfies the criteria specified in Article 6 of this Decree shall submit directly or send by post 1 dossier of request for bailiff appointment to the provincial-level Department of Justice where he/she has registered probation. Such dossier must comprise:

a/ A request for bailiff appointment, made according to a form provided by the Minister of Justice;

b/ A criminal record certificate issued within 6 months before the date of dossier submission;

c/ A certified copy of the requester’s diploma of university or higher degree in law or a copy thereof together with the original diploma for checking;

d/ Papers evidencing the requester’s working experience in the legal affairs sector, including the recruitment decision; working contract or labor contract together with papers evidencing his/her period of social insurance premium payment; papers evidencing his/her relief from duty or revocation of his/her practice certificate or revocation of cards for the case specified in Clause 2, Article 11 of this Decree; or papers evidencing his/her retirement or working cessation for the case specified in Clause 3, Article 11 of this Decree;

dd/ A certified copy of the certificate of bailiff practice probation results or a copy thereof together with the original certificate for checking.

2. Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall send to the Minister of Justice a request for bailiff appointment, enclosed with the dossier of request for bailiff appointment. In case of request rejection, it shall issue a notice, clearly stating the reason.

3. Within 30 days after receiving a request and dossier of request for bailiff appointment from the provincial-level Department of Justice, the Minister of Justice shall consider and decide on bailiff appointment. In case of refusal of bailiff appointment, it shall issue a notice, clearly stating the reason.

When necessary, the Minister of Justice shall verify, or request in writing the concerned provincial-level Department of Justice, agency or organization to verify bailiff appointment criteria and information in the dossier of request for bailiff appointment before deciding on bailiff appointment. The verification period must not exceed 45 days after the Minister of Justice issues a verification document. The verification period is not included in the time limit for consideration of bailiff appointment specified in this Clause.

4. A person requesting to be appointed as a bailiff shall pay a charge for appraisal of criteria and conditions for bailiff practice as prescribed by the law on charges and fees.

Article 11. Persons who may not be appointed as bailiffs

1. Persons who have lost their civil act capacity or have their civil act capacity restricted; or have difficulties in perceiving or controlling their acts as prescribed by the Civil Code.

2. Persons who had been appointed as notaries or granted lawyer practice or auction or asset management officer certificates or price appraiser cards but have not yet been relieved from notary duty or had their certificates or cards revoked.

3. Persons who are incumbent cadres, civil servants, public employees, officers, professional army men or defense workers or employees in agencies or units of the People’s Army, or incumbent officers, non-commissioned officers or soldiers in agencies or units of the People’s Public Security forces.

4. Persons who are being examined for penal liability; persons who have been convicted of crimes unintentionally committed or of less serious crimes intentionally committed with their criminal records not yet expunged; and persons who have been convicted of crimes related to property appropriation, self-seeking purpose, fraud or deception, or crimes infringing upon national security, or serious crimes, very serious crimes or particularly serious crimes intentionally committed, despite the fact that their criminal records have been expunged.

5. The persons specified in Clause 3 of this Article who are removed from office or disciplined in the form of dismissal, forced resignation, or deprivation of their titles, or forced to leave the sector where they are working.

6. Persons who are disciplined in the form of having their names deleted from the list of lawyers of a bar association for their violations of law or breach of the code of professional ethics of lawyers; persons who are administratively sanctioned in the form of being deprived of the right to use lawyer practice certificates before the expiration of the 3-year period from the date they have completely served administrative sanctioning decisions.

7. Persons who are administratively sanctioned in the form of being deprived of the right to use notary cards, price appraiser cards, auction practice certificates or asset management officer practice certificates before the expiration of the 3-year period from the date they have completely served administrative sanctioning decisions.

8. Persons who are subject to the administrative measure of being consigned to compulsory drug rehabilitation centers or compulsory education institutions.

Article 12. Suspension from bailiff practice

1. A provincial-level Department of Justice where a bailiff practices shall issue a decision suspending such bailiff from bailiff practice in the following cases:

a/ The bailiff is being examined for penal liability;

b/ The bailiff is being subject to an administrative sanction or administrative handling measure.

2. The period of suspension from bailiff practice must not exceed 12 months.

3. A provincial-level Department of Justice shall decide to annul a decision suspending a bailiff from bailiff practice ahead of time in the following cases:

a/ There is a decision on investigation termination or termination of a criminal case or a legally effective court judgment declaring the bailiff to be innocent;

b/ The bailiff is no longer subject to an administrative sanction or administrative handling measure.

4. A decision suspending a bailiff from bailiff practice or a decision annulling a decision suspending a bailiff from bailiff practice shall be sent to the bailiff, the bailiff office where the bailiff works, the provincial-level people’s court, people’s procuracy, and Department of Civil Judgment Enforcement, and district-level Sub-Department of Civil Judgment Enforcement of the locality where the bailiff office is based, and the Ministry of Justice.

Article 13. Relief from duty of bailiffs

1. A bailiff may be relieved from duty at his/her own will.

A bailiff shall submit directly or send by post 1 dossier of request for relief from duty to the provincial-level Department of Justice where he/she has registered bailiff practice. Such dossier must comprise a request for relief from duty of bailiff, made according to a form provided by the Minister of Justice, and a certified copy of the decision on bailiff appointment or a copy together with the original decision for checking.

Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall send to the Minister of Justice a request for relief from duty of bailiff, enclosed with the request dossier.

Within 15 days after receiving the request and request dossier from the provincial-level Department of Justice, the Minister of Justice shall consider and decide on relief from duty of bailiff.

2. A bailiff shall be relieved from duty in the following cases:

a/ He/she no longer satisfies the criteria specified in Article 6 of this Decree, except the criterion of age;

b/ He/she falls into one of the cases specified in Clauses 1 and 8, Article 11 of this Decree;

c/ He/she fails to register bailiff practice and to practice as a bailiff within 1 year after being appointed as a bailiff;

d/ He/she fails to practice as a bailiff for 2 consecutive years or more;

dd/ The period of suspension from bailiff practice specified in Clause 2, Article 12 of this Decree expires while the reason for suspension still exists;

e/ He/she seriously breaches the code of professional ethics of bailiffs; or repeats the violation for which he/she has been administratively sanctioned twice in bailiff practice;

g/ He/she concurrently practices as a notary, lawyer, price appraiser, asset auctioneer, or asset management or liquidation officer;

h/ He/she is convicted under a legally effective court judgment.

3. The Minister of Justice shall relieve from duty a bailiff at the request of the provincial-level Department of Justice where such bailiff registers practice or shall himself/herself decide to relieve from duty a bailiff when having grounds to believe that such bailiff falls into one of the cases specified in Clause 2 of this Article.

4. A provincial-level Department of Justice shall review and examine bailiff practice in its locality. Within 10 days after having grounds to believe that a bailiff falls into a case subject to relief from duty specified in Clause 2 of this Article, the provincial-level Department of Justice shall send to the Minister of Justice a request for relief from duty of such bailiff, enclosed with supporting documents.

Within 20 days after receiving a request and supporting documents from the provincial-level Department of Justice, the Minister of Justice shall consider and decide on relief from duty of a bailiff. When necessary, the Minister of Justice may request the provincial-level Department of Justice and related agencies and organizations to carry out verification or shall himself/herself do so to ensure that grounds for relief from duty of a bailiff are lawful.

Article 14. Re-appointment of bailiffs

1. A bailiff who is relieved from duty under Clause 1, Article 13 of this Decree may be considered for being re-appointed as a bailiff upon request.

2. A bailiff who is relieved from duty under Clause 2, Article 13 of this Decree may only be considered for being re-appointed as a bailiff when fully satisfying the criteria specified in Article 6 of this Decree and when the reason for relief from duty of bailiff no longer exists, except the case specified in Clause 3 of this Article.

A bailiff who is relieved from duty under Point c or d, Clause 2, Article 13 of this Decree may only request for being re-appointed as a bailiff after 1 year from the effective date of the decision on relief from duty of bailiff.

3. A bailiff who is relieved from duty for having been convicted of a crime unintentionally committed or a less serious crime intentionally committed with his/her criminal records not yet expunged; or who has been convicted of a crime related to asset appropriation, self-seeking purpose, fraud, or deception or a crime infringing upon national security, or a serious crime, a very serious crime, or particularly serious crime intentionally committed despite the fact that his/her criminal records have been expunged will not be re-appointed as a bailiff.

4. The competence and procedures for re-appointment of bailiffs must comply with Article 10 of this Decree. A dossier of request for re-appointment of a bailiff must comprise:

a/ A written request for re-appointment of a bailiff, made according to a form provided by the Minister of Justice;

b/ A criminal record certificate issued within 6 months up to the date of dossier submission;

c/ A certified copy of the decision on relief from duty of the bailiff or a copy together with the original decision for checking;

d/ A certified copy of the paper proving that the reason for relief from duty of the bailiff no longer exists or a copy together with the original paper for checking.

5. A person who requests to be re-appointed as a bailiff shall pay a charge for appraisal of criteria and conditions for bailiff practice in accordance with the law on charges and fees.

Article 15. Registration of bailiff practice, grant, revocation and re-grant of bailiff’s cards

1. A bailiff office shall submit directly or send by post 1 dossier of registration for bailiff practice and grant of a bailiff’s card to its bailiff to the provincial-level Department of Justice of the locality where it is based. Such dossier must comprise:

a/ A written request for bailiff practice registration and grant of a bailiff’s card, made according to a form provided by the Minister of Justice;

b/ A certified copy of the decision on appointment or re-appointment of the bailiff or a copy together with the original decision for checking;

c/ One 2 cm x 3 cm portrait photo of the bailiff, taken within 6 months before the date of dossier submission.

2. Within 10 days after receiving a complete and valid dossier prescribed in Clause 1 of this Article, the provincial-level Department of Justice shall include the name of the person registered to practice as a bailiff in the list of bailiffs practicing in the locality and grant a bailiff’s card. In case of refusal to do so, it shall issue a notice, stating the reason.

Within 7 working days after including the name of the person registered to practice as a bailiff in the list of bailiffs, the provincial-level Department of Justice shall post this list on its portal and in the local mass media and notify the bailiff practice registration to the agencies specified in Clause 4, Article 12 of this Decree.

3. A bailiff’s card may be used to prove the holder’s practice status. A bailiff may only practice after being registered for practice and granted a bailiff’s card.

4. Within 7 working days after the Minister of Justice decides to relieve from duty a bailiff or after the receipt of a bailiff office’s notice stating that a bailiff no longer practices at the bailiff office, a provincial-level Department of Justice where the bailiff practices shall delete his/her name from the list of bailiffs, issue a decision revoking the bailiff’s card and send a notice to the bailiff having his/her card revoked, the bailiff office where such bailiff practices and the agencies specified in Clause 4, Article 12 of this Decree and, at the same time, publicize information about the revocation on its portal and in the local mass media.

A bailiff’s card is no longer valid from the effective date of the provincial-level Department of Justice’s decision on revocation of the card.

5. A bailiff’s card may be re-granted in case it is lost or damaged. A bailiff shall submit directly or send by post 1 dossier of request for re-grant of a bailiff’s card to the provincial-level Department of Justice where he/she has registered practice. Such dossier must comprise a written request for re-grant of a bailiff’s card, made according to a form provided by the Minister of Justice; one 2 cm x 3 cm portrait photo of the bailiff, taken within 6 months before the date of dossier submission; and the original bailiff’s card, in case it is damaged.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant a bailiff’s card to the bailiff. In case of refusal to re-grant the card, it shall issue a notice, clearly stating the reason.

A re-granted bailiff’s card has the same number with that of the previous card.

6. Blank bailiff’s cards shall be distributed by the Ministry of Justice.

Article 16. Rights and obligations of bailiffs

1. To be honest and impartial while performing their tasks.

2. To strictly observe law and code of professional ethics of bailiffs.

3. To be answerable to requesters and before law for the performance of their jobs.

4. To refrain from practicing in 2 or more bailiff offices.

5. To attend annual bailiff further training courses under regulations of the Minister of Justice.

6. To wear bailiff’s uniforms as prescribed by the Minister of Justice and wear bailiff’s cards while practicing.

7. To join socio-professional organizations of bailiffs (if any); to submit to management by competent state agencies, bailiff offices where they practice, and socio-professional organizations of bailiffs of which they are members.

8. To exercise other rights and perform other obligations in accordance with this Decree and relevant laws.

Chapter III

BAILIFF OFFICES

Article 17. Bailiff offices

1. Bailiff offices are practicing organizations of bailiffs which perform the assigned tasks in accordance with this Decree and relevant laws.

A bailiff office established by 1 bailiff may be organized as a private enterprise. A bailiff office established by 2 or more bailiffs may be organized as a partnership.

2. The name of a bailiff office must contain the phrase “Van phong thua phat lai” (bailiff office) followed by its proper name. The giving of the proper name and placement of signboards of a bailiff office must comply with law. The name of a bailiff office must neither coincide nor be confused with the name of another bailiff office nationwide, and must not violate historical and cultural traditions or ethics and fine customs and practices of the nation.

3. The at-law representative of a bailiff office is the chief of the bailiff office who must be a bailiff.

A bailiff office may have bailiffs as its partners, bailiffs working under labor contracts, and professional operations clerks.

A professional operations clerk shall assist a bailiff in performing legal operations under regulations. He/she must satisfy the criteria prescribed in Clause 1, Article 6 of this Decree and possess an intermediate or higher degree in law and does not fall into one of the cases specified in Article 11 of this Decree.

4. A bailiff office has its own working office, seal and bank account and shall operate on the principle of financial autonomy.

The seal of a bailiff office does not bear the national emblem. A bailiff office may engrave and use its seal after being granted an operation registration certificate. Procedures and dossier for registration of the specimen seal and management and use of the seal of a bailiff office must comply with the regulations on seals.

The financial regime applicable to bailiff offices is the one applicable to the corresponding type of enterprise as provided by law.

5. A bailiff office may not establish its branches, representative offices or transaction places outside the locality where it is based; and may not carry out production, business and service activities beyond the scope of bailiff operation provided by this Decree.

Article 18. Rights and obligations of bailiff offices

1. A bailiff office has the following rights:

a/ To sign labor contracts with bailiffs and professional operations clerks to work for the office;

b/ To collect, manage and use expenses for performance of bailiff’s jobs in accordance with law;

c/ To sign contracts or agreements with requesters in accordance with this Decree;

d/ To exercise other rights provided by this Decree and relevant laws.

2. A bailiff office has the following obligations:

a/ To manage their bailiffs and professional operations clerks through how they observe law and the code of professional ethics of bailiffs;

b/ To comply with the laws on labor, taxation, finance, reporting and statistics;

c/ To post up working timetables, procedures and expenses for performance of bailiff’s jobs, and internal regulations on reception of requesters at its working office;

d/ To collect expenses as agreed upon with requesters;

dd/ To buy occupational liability insurance for its bailiffs; to pay compensations for damage (if any) in accordance with law;

e/ To receive, create favorable conditions for, and manage practice probationers during their probation periods at its office;

g/ To enable its bailiffs to attend bailiff training or further training courses;

h/ To fulfill competent state agencies’ requests for reporting, examination, inspection and provision of information about bailiff service contracts and professional operation dossiers;

i/ To make, manage and use books and professional operation dossiers and archive documents in accordance with regulations;

k/ To provide its bailiffs with uniforms provided by the Minister of Justice;

l/ To perform other obligations in accordance with this Decree and relevant laws.

Article 19. Tasks and powers and chiefs of bailiff offices

1. To organize the exercise of rights and performance of obligations of bailiff offices in accordance with Article 18 of this Decree.

2. In civil judgment execution activities, the chief of a bailiff office has the following tasks and powers:

a/ To request the head of the district-level Sub-Department of Civil Judgment Enforcement or the director of the provincial-level Department of Civil Judgment Enforcement of the locality where the bailiff office is based to issue a decision on judgment execution under Article 55 of this Decree and the law on execution of civil judgments;

b/ To request coordination among related agencies, organizations and individuals in verifying conditions for judgment execution and organizing judgment execution;

c/ To send a notice to persons competent to file protests when detecting violations in legally effective court judgments or rulings;

d/ To give replies to protests or proposals of competent people’s procuracies; to propose competent state agencies to discipline, administratively sanction or examine for penal liability violators in accordance with law.

3. To perform other tasks and exercise other powers in accordance with this Decree and relevant laws.

Article 20. Information and reporting regime

1. A bailiff office shall send biannual and annual reports on its organization and operation to the provincial-level Department of Justice of the locality where it is based.

Annually, a provincial-level Department of Justice shall report on organization and operation of bailiffs in its locality to the provincial-level People’s Committee and Ministry of Justice.

A bailiff office shall make unscheduled reports upon request of the provincial-level Department of Justice or Ministry of Justice. A provincial-level Department of Justice shall make unscheduled reports upon request of the provincial-level People’s Committee or Ministry of Justice.

2. A bailiff office shall make reports to serve inspection, examination and supervision of its operation, financial management and taxation in accordance with law.

3. The Minister of Justice shall specify books, forms, papers, and regime of reporting on organization and operation of bailiffs.

Article 21. Establishment of bailiff offices

1. The establishment of a bailiff office shall be based on the following criteria:

a/ Socio-economic conditions of the district-level locality where the bailiff office is to be established;

b/ Number of cases and matters accepted by the court and civil judgment enforcement agency in the district-level locality where the bailiff office is to be established;

c/ Population density and needs for bailiff services of the people in the district-level locality where the bailiff office is to be established;

d/ Ensuring that there are no more than 2 bailiff offices in 1 urban district, provincial city or town; or no more than 1 bailiff office in 1 district-level administrative unit.

2. Based on the criteria specified in Clause 1 of this Article, a provincial-level Department of Justice shall coordinate with related local departments and sectors in formulating a scheme on development of bailiff offices in the locality and submit it to the provincial-level People’s Committee for approval.

3. Based on an approved scheme on development of bailiff offices, a provincial-level People’s Committee shall issue a notice of establishment of a bailiff office in the locality. Based on such notice, a bailiff who wishes to establish a bailiff office shall submit directly or send by post 1 dossier of request for establishment of a bailiff office to the provincial-level Department of Justice of the locality where the bailiff office is to be established. Such dossier must comprise:

a/ A request for establishment of a bailiff office, made according to a form provided by the Minister of Justice;

b/ A document presenting organization, name, staff, location and physical foundations of the bailiff office, and an implementation plan;

c/ A certified copy of the decision on appointment or re-appointment of the bailiff or a copy together with the original decision for checking.

4. Within 20 days after receiving a complete and valid dossier, a provincial-level Department of Justice shall submit it to the provincial-level People’s Committee for the latter to consider and decide to permit the establishment of a bailiff office. In case of dossier rejection, it shall issue a notice, clearly stating the reason.

Within 20 days after receiving the provincial-level Department of Justice’s dossier of request for establishment of a bailiff office, the provincial-level People’s Committee shall consider and decide to permit the establishment of a bailiff office. In case of refusal to permit the establishment of a bailiff office, it shall issue a notice, clearly stating the reason.

5. A bailiff who requests establishment of a bailiff office shall pay a charge for appraisal of conditions for establishment and operation of bailiff offices in accordance with the law on charges and fees.

Article 22. Registration of operation of bailiff offices

1. Within 30 days after obtaining a decision permitting its establishment, a bailiff office shall register its operation with the provincial-level Department of Justice of the locality where it is permitted to be established.

Contents of registration of operation of a bailiff office include the name and address of the bailiff office; full name of its chief; and list of bailiffs as its partners and list of bailiffs working under labor contracts (if any).

2. A bailiff office shall submit directly or send by post 1 dossier for operation registration to the concerned provincial-level Department of Justice. Such dossier must comprise a request for operation registration of a bailiff office, made according to a form provided by the Minister of Justice; a certified copy of the decision permitting the establishment of the bailiff office or a copy together with the original decision for checking; papers proving the satisfaction of the conditions prescribed in Clauses 3 and 4, Article 17 of this Decree and the dossier for bailiff practice registration prescribed in Clause 1, Article 15 of this Decree.

3. Within 10 days after receiving a complete and valid dossier, a provincial-level Department of Justice shall grant an operation registration certificate to the requesting bailiff office. In case of refusal to grant such certificate, it shall issue a notice, clearly stating the reason.

4. A bailiff office may operate from the date it is granted an operation registration certificate by a provincial-level Department of Justice.

Article 23. Notification of operation registration contents of bailiff offices

Within 7 working days after granting an operation registration certificate to a bailiff office, a provincial-level Department of Justice shall notify in writing information about operation registration to the provincial-level Department of Civil Judgment Enforcement, people’s court and people’s procuracy, and district-level tax office, statistics office, Public Security agency, Sub-Department of Civil Judgment Enforcement, people’s court, people’s procuracy and People’s Committee, commune-level People’s Committee of the locality where the bailiff office is based, and the Ministry of Justice, and publicize such information on its portal.

Article 24. Change of operation registration contents of bailiff offices

1. If wishing to change one of the operation registration contents specified in Clause 1, Article 22 of this Decree, a bailiff office shall register the change with the provincial-level Department of Justice where it has registered its operation.

The bailiff office shall submit directly or send by post 1 dossier of request for change of operation registration contents to the provincial-level Department of Justice. Such dossier must comprise a written request for change of operation registration contents, made according to a form provided by the Minister of Justice; papers proving the change, and the original operation registration certificate.

2. In case the chief of a partnership bailiff office is suspended from practice or subject to a decision on relief from duty, or dies, or for another reason cannot act as the bailiff office’s at-law representative, such bailiff office shall register the change concerning its chief with the provincial-level Department of Justice under Clause 1 of this Article.

3. Within 7 working days after receiving a complete and valid dossier, a provincial-level Department of Justice shall grant an operation registration certificate to the requesting bailiff office. In case of refusal to grant such certificate, it shall issue a notice, clearly stating the reason.

In the case specified in Clause 2 of this Article, the time limit for grant of an operation registration certificate to a bailiff office is 3 working days after the receipt of a complete and valid dossier.

4. Within 7 working days after granting an operation registration certificate to a bailiff office, the provincial-level Department of Justice shall send a notice to the agencies specified in Article 23 of this Decree.

Article 25. Change of partners of bailiff offices

1. The status of a partner of a bailiff office shall terminate in the following cases:

a/ At the will of such partner if so agreed by other partners;

b/ Such partner is relieved from duty; has lost his/her civil act capacity or has his/her civil act capacity restricted or has difficulties in perceiving or controlling his/her acts as prescribed by the Civil Code. In this case, the value of assets of such partner at the bailiff office shall be returned in an equitable and satisfactory manner after his/her liabilities are deducted;

c/ In case such partner dies or is declared dead by the court, his/her heir is entitled to the value of his/her assets at the bailiff office after his/her liabilities are deducted. The heir may become a partner of such bailiff office if he/she fully satisfies the criteria for bailiff practice and obtains consents of the other partners.

2. A bailiff office may receive a new partner bailiff if the other partners so approve.

3. If wishing to change a partner under Clauses 1 and 2 of this Article, a bailiff office shall register the change of operation registration contents under Article 24 of this Decree.

In case of termination of the status of a partner under Clause 1 of this Article but a bailiff office receives no new partner bailiff for retaining its type of operation, within 6 months after the termination, the bailiff office shall transform itself from a partnership into a private enterprise under Article 26 of this Decree.

Article 26. Transformation of bailiff offices

1. A bailiff office that wishes to transform itself from a private enterprise into a partnership or vice versa shall submit directly or send by post 1 dossier of request for the transformation to the provincial-level Department of Justice where it has registered its operation. Such dossier must comprise:

a/ A written request for the transformation, made according to a form provided by the Minister of Justice;

b/ A document explaining the transformation, clearly stating a transformation plan, actual organization and operation of the bailiff office up to the date of request for transformation, and expected organization, name, location, staff and physical foundations of the transformed bailiff office;

c/ A certified copy of the decision on appointment or re-appointment of the bailiff or a copy together with the original decision for checking;

d/ The original decision permitting the establishment of the bailiff office.

2. Within 15 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall appraise the dossier and submit it to the provincial-level People’s Committee for the latter to consider and decide to permit the transformation of a bailiff office. In case of dossier rejection, it shall issue a notice, clearly stating the reason.

3. Within 15 days after receiving a dossier from the provincial-level Department of Justice, the provincial-level People’s Committee shall consider and decide to permit the transformation of a bailiff office. In case of refusal to permit the transformation, it shall issue a notice, clearly stating the reason.

4. Within 15 days after obtaining a decision permitting its transformation, a bailiff office shall register its operation with the provincial-level Department of Justice that permits the transformation. The bailiff office shall submit directly or send by post 1 dossier for operation registration to the provincial-level Department of Justice. Such dossier must comprise a written request for operation registration, made according to a form provided by the Minister of Justice; a certified copy of the decision permitting the transformation or a copy together with the original decision for checking; and papers proving the satisfaction of the conditions for operation of a bailiff office prescribed at Point b, Clause 1 of this Article.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the transformed bailiff office. In case of refusal to grant such certificate, it shall issue a notice, clearly stating the reason.

5. Within 7 working days after granting an operation registration certificate to a bailiff office, the provincial-level Department of Justice shall send a notice to the agencies specified in Article 23 of this Decree.

6. A transformed bailiff office may operate from the date it is granted an operation registration certificate by the provincial-level Department of Justice, and shall take over all rights and obligations and archive all dossiers and documents of the previous bailiff office.

Article 27. Consolidation and merger of bailiff offices

1. Two or more bailiff offices based in the same provincial-level locality may be consolidated into a new bailiff office by having all of their assets, rights, obligations and lawful interests transferred to the consolidating bailiff office and, at the same time, terminating their operation.

2. One or more than one bailiff office may be merged into another bailiff office in the same provincial-level locality by having all of their assets, rights, obligations and lawful interests transferred to the merging bailiff office and, at the same time, terminating their operation.

3. Bailiff offices that wish to be consolidated or merged under Clause 1 or 2 of this Article shall submit directly or send by post 1 dossier to the provincial-level Department of Justice of the locality where they are based. Such dossier must comprise:

a/ A request for consolidation or merger of bailiff office(s), made according to a form provided by the Minister of Justice;

b/ A consolidation or merger contract, which must have the following principal contents: names and addresses of the bailiff offices to be consolidated or merged; time of consolidation or merger; a plan on disposal of assets and employment of laborers of the bailiff offices; takeover of all rights, obligations and lawful interests of the bailiff offices; and other relevant contents;

c/ Tax declaration forms and audited financial statements for the latest year of the bailiff offices, counting to the date of request for consolidation or merger;

d/ A list of professional operation files and records and list of existing assets of the bailiff offices;

dd/ List of bailiffs as partners and list of bailiffs working under labor contracts (if any) of the bailiff offices;

e/ Original decisions permitting the establishment of the bailiff offices and their operation registration certificates.

Within 15 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit it to the provincial-level People’s Committee for the latter to consider and decide to permit the consolidation or merger of bailiff offices. In case of dossier rejection, it shall issue a notice, clearly stating the reason.

Within 15 days after receiving the dossier from the provincial-level Department of Justice, the provincial-level People’s Committee shall consider and decide to permit the consolidation or merger of bailiff offices. In case of refusal to permit the consolidation or merger, it shall issue a notice, clearly stating the reason.

4. Within 15 days after obtaining a decision permitting the consolidation or merger, the consolidating bailiff office shall register its operation or the merging bailiff office shall register the change of operation registration contents with the provincial-level Department of Justice that permits the consolidation or merger. The new bailiff office shall submit directly or send by post 1 dossier for operation registration to the provincial-level Department of Justice. Such dossier must comprise a written request for operation registration or a written request for change of operation registration contents, made according to a form provided by the Minister of Justice; the decision permitting the consolidation or merger; papers proving the location of the bailiff office, and certified copies of the decisions on appointment or re-appointment of bailiffs currently practicing at the bailiff office or copies together with original decisions for checking.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the consolidating or merging bailiff office. In case of refusal to grant such certificate, it shall issue a notice, clearly stating the reason.

5. Within 7 working days after granting an operation registration certificate to a bailiff office, the provincial-level Department of Justice shall send a notice to the agencies specified in Article 23 of this Decree.

6. Pending the completion of consolidation or merger procedures, bailiff offices may continue to operate until the new bailiff office is granted an operation registration certificate by the provincial-level Department of Justice.

Article 28. Transfer of bailiff offices

1. A bailiff office may be transferred to bailiffs who satisfy the conditions prescribed in Clause 2 of this Article. A bailiff office may only be transferred when it has operated for at least 2 years since being granted an operation registration certificate.

A bailiff who has transferred his/her bailiff office may not establish, or participate in establishing, a new bailiff office within 5 years from the date of transfer, but may continue practicing as a bailiff under labor contracts.

2. To be transferred a bailiff office, a bailiff must satisfy the following conditions:

a/ Committing to practice for at least 2 years at the transferred bailiff office, and take over the rights and obligations of this office;

b/ Committing to continue to fully perform the jobs under contracts or agreements between the transferred bailiff office and requesters and agencies in accordance with this Decree;

c/ By the time of receipt of the transfer, not being suspended from bailiff practice in one of the cases specified in Clause 1, Article 12 of this Decree.

3. A bailiff office that wishes to be transferred shall submit directly or send by post 1 dossier to the provincial-level Department of Justice where it has registered its operation. Such dossier must comprise:

a/ A written request for transfer of a bailiff office, made according to a form provided by the Minister of Justice;

b/ A notarized transfer contract, made according to a form provided by the Minister of Justice;

c/ A list of operations files and records of the transferred bailiff office;

d/ Certified copies of decisions on appointment or re-appointment of bailiffs who are transferred the bailiff office or copies together with the original decisions for checking;

dd/ The original decision permitting the establishment and original operation registration certificate of the transferred bailiff office;

e/ A list of tax declaration forms and audited financial statements for the last 2 years of the transferred bailiff office;

g/ The commitments mentioned at Points a and b, Clause 2 of this Article.

Within 15 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit it to the provincial-level People’s Committee for the latter to consider and decide to permit the transfer of a bailiff office. In case of dossier rejection, it shall issue a notice, clearly stating the reason.

Within 15 days after receiving the dossier from the provincial-level Department of Justice, the provincial-level People’s Committee shall consider and decide to permit the transfer of a bailiff office. In case of refusal to permit the transfer, it shall issue a notice, clearly stating the reason.

4. Within 20 days after obtaining a decision permitting the transfer, the bailiff office shall register the change of operation registration contents under Article 24 of this Decree.

A dossier for change of operation registration contents must comprise a written request for change of operation registration contents, made according to a form provided by the Minister of Justice; the decision permitting the transfer of a bailiff office; papers proving the fulfillment of tax obligations with regard to the transfer; papers proving the location of the transferred bailiff office (in case of office relocation), and practice registration dossiers of bailiffs as prescribed in Clause 1, Article 15 of this Decree.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to a bailiff office. In case of refusal to grant such certificate, it shall issue a notice, clearly stating the reason.

5. Within 7 working days after granting an operation registration certificate to a bailiff office, the provincial-level Department of Justice shall send a notice to the agencies specified in Article 23 of this Decree.

6. Pending the completion of transfer procedures, a transferred bailiff office may continue to operate until it is re-granted an operation registration certificate.

Article 29. Suspension of operation of bailiff offices

1. A bailiff office shall be suspended from operation in the following cases:

a/ The chief of a bailiff office, in case the bailiff office is established by one bailiff, or all partner bailiffs of a bailiff office is/are suspended from practicing as bailiff(s);

b/ It fails to satisfy other conditions for operation prescribed in this Decree and relevant laws.

2. The provincial-level Department of Justice of the locality where a bailiff office is based shall issue a decision suspending such bailiff office from operation in the cases specified in Clause 1 of this Article.

3. The suspension period must not exceed 12 months. During the suspension period, a bailiff office shall fully pay tax arrears and other liabilities and fulfill the obligations stated in contracts signed with its employees. The signed service contracts that have not yet been performed or fully performed shall be terminated, unless otherwise agreed upon.

Files and records performed by a bailiff office suspended from operation shall continue to be archived at the bailiff office.

Article 30. Termination of operation of bailiff offices

1. A bailiff office shall terminate its operation in the following cases:

a/ It terminates its operation at its own discretion;

b/ It has its establishment decision revoked under Article 31 of this Decree;

c/ It is consolidated or merged.

2. In case a bailiff office terminates its operation under Point a, Clause 1 of this Article, at least 30 days before the projected date of operation termination, the bailiff office shall send a written report to the provincial-level Department of Justice with which it has made operation registration. Before the date of operation termination, the bailiff office shall fully pay tax arrears and other debts, complete procedures for termination of contracts with its employees, and completely perform the signed service contracts. In case it is unable to completely perform the signed service contracts, it shall reach agreement with requesters on performance of such contracts. 

The provincial-level Department of Justice of the locality where the bailiff office is based shall revoke the operation registration certificate of the bailiff office, propose the provincial-level People’s Committee to revoke the establishment decision, publicize on its portal the information about termination of operation of the bailiff office, and notify such in writing to the agencies specified in Article 23 of this Decree.   

3. In case a bailiff office terminates its operation under Point b, Clause 1 of this Article, within 7 working days after obtaining a decision to revoke the establishment decision of the bailiff office, the provincial-level Department of Justice of the locality where the bailiff office is based shall revoke the operation registration certificate of the bailiff office, publicize on its portal the information about termination of operation of the bailiff office, and notify such in writing to the agencies specified in Article 23 of this Decree.  

Within 60 days after having its establishment decision is revoked, the bailiff office shall fully pay tax arrears and other debts, and complete procedures for termination of contracts with its employees. It shall terminate the signed service contracts that have not yet been performed or completely performed. Upon the expiration of this time limit, if the bailiff office still fails to fulfill its property obligations or in case it terminates its operation due to revocation of its establishment decision for the reason that its chief or all partner bailiffs is/are dead or declared dead by the court, property of the bailiff office and of its partner bailiffs shall be used to pay its debts in accordance with the civil law.   

4. Archived records of a bailiff office whose operation is terminated under Point a or b, Clause 1 of this Article shall be handled as follows:

a/ Records of execution of civil judgments shall be transferred to the provincial-level Department of Civil Judgment Enforcement of the locality where the bailiff office is based for preservation under the regime of archive of civil judgment execution records. For ongoing cases or matters of judgment execution, the provincial-level Department of Justice of the locality where the bailiff office is based shall notify and guide requesters in procedures for transferring records to the civil judgment enforcement agency for judgment execution; 

b/ Deeds and other relevant documents shall be transferred to the provincial-level Department of Justice of the locality where the bailiff office is based for archive.

5. In case of operation termination under Point c, Clause 1 of this Article, rights and obligations of a consolidated or merged bailiff office shall be taken over by the consolidating or merging bailiff office.

6. Provincial-level Departments of Justice shall monitor and urge bailiff offices to perform required jobs upon operation termination of bailiff offices.

Article 31. Revocation of establishment decisions of bailiff offices

1. A bailiff office will have its establishment decision revoked in the following cases:

a/ It fails to make operation registration under Article 22 of this Decree;

b/ It fails to commence operation though the time limit of 6 months from the date it is granted an operation registration certificate has expired;

c/ It fails to consecutively operate for at least 12 months or fails to resume its operation upon the expiration of the operation suspension period specified in Clause 3, Article 29 of this Decree;

d/ The chief of the bailiff office, in case the bailiff office is founded by 1 bailiff, or all partner bailiffs of the bailiff office is/are relieved from duty, dead or declared dead by the court without any heir who is qualified for being appointed as a bailiff;

dd/ It is administratively sanctioned with deprivation of the right to use the operation registration certificate for at least 6 months in accordance with the law on handling of administrative violations.

2. Provincial-level Departments of Justice shall examine and review establishment decisions of bailiff offices and request in writing provincial-level People’s Committees to issue decisions to revoke such decisions.

Chapter IV

COMPETENCE FOR, SCOPE OF, AND PROCEDURES FOR PERFORMANCE OF BAILIFF’S JOBS

Section 1

SERVING OF DOCUMENTS

Article 32. Competence and scope of serving of documents by bailiffs

1. Bailiffs may serve the following papers, files and documents:

a/ Papers, files and documents of courts, people’s procuracies and civil judgment enforcement agencies;

b/ Papers, files and documents related to mutual legal assistance in civil matters of foreign authorities.

2. Chiefs of bailiff offices may assign professional operations clerks to carry out the serving of documents, unless the parties have agreed that the serving of documents must be carried out by bailiffs.

3. Bailiff offices shall take responsibility before requesting agencies and organizations for inaccurate serving of documents, or serving of documents neither in accordance with prescribed procedures nor within prescribed time limits; and shall pay compensations for damage (if any) in accordance with law.

Article 33. Serving of papers, files and documents of courts, people’s procuracies and civil judgment enforcement agencies

1. Bailiffs shall serve papers, files and documents of courts and people’s procuracies in the settlement of civil cases or matters, administrative cases, civil matters in criminal cases, and complaints and denunciations; serve papers, files and documents of civil judgment enforcement agencies in provincial-level localities where their bailiff offices are based under serving service contracts signed between bailiff offices and courts, people’s procuracies or civil judgment enforcement agencies.

In case of serving of documents outside a provincial-level locality or on an island or archipelago outside a district-level locality where it is based, a bailiff office may reach agreement with the court, people’s procuracy or civil judgment enforcement agency on signing a separate contract for each matter.

2. Procedures for serving papers, files and documents of courts and people’s procuracies must comply with the procedure law. Procedures for serving papers, files and documents of civil judgment enforcement agencies must comply with the law on enforcement  of civil judgments.

3. A serving service contract shall be performed by the method that a court, people’s procuracy or civil judgment enforcement agency that wishes to have its papers, files and documents served as agreed upon shall transfer them to the bailiff office for serving thereof.

Papers, files and documents to be served as agreed upon include: writs, summonses, invitations, notices, decisions to bring cases to trial, judgments, rulings and protest decisions of courts; notices and protest decisions of people’s procuracies; judgment execution decisions, writs, summonses and notices of civil judgment enforcement agencies. In case of necessity, bailiffs may serve other papers, files and documents at the request of courts, people’s procuracies and civil judgment enforcement agencies.  

The number and type of papers, files or documents assigned to bailiffs to serve must be stated in written records certified by the two parties on a daily basis. 

4. Principal contents of a serving service contract include: type of paper, file or document to be served, duration of contract performance, serving procedures, rights and obligations of parties to the contract, and serving cost. 

After being signed, a serving service contract shall be sent to the State Treasury office where the court, people’s procuracy or civil judgment enforcement agency opens its account for control of payment of serving cost to the bailiff office.

5. A court, people’s procuracy or civil judgment enforcement agency may sign serving service contracts with one or more than one bailiff office.

Article 34. Serving of papers, files and documents relevant to mutual legal assistance in civil matters of foreign authorities

1. The Ministry of Justice may select one or more than one bailiff office to serve papers, files and documents relevant to mutual legal assistance in civil matters of foreign authorities.

2. Bailiff offices may serve papers, files and documents relevant to mutual legal assistance in civil matters of foreign authorities nationwide.

3. The Minister of Justice shall specify the serving of documents mentioned in Clauses 1 and 2 of this Article and other relevant contents.

Article 35. Notification of serving results

1. The serving of documents is considered completed when a bailiff completes serving procedures in accordance with law.

2. A bailiff shall notify document-serving results or papers proving the complete serving of documents to the court, people’s procuracy or civil judgment enforcement agency or another agency or organization that has requested the serving of documents within 2 working days after completing the serving, unless otherwise agreed upon by the parties.

Serving results shall be recorded in a serving register made according to a form provided by the Minister of Justice.

Section 2

MAKING OF DEEDS

Article 36. Competence and scope of making deeds, validity of deeds

1. Bailiffs may make deeds to record actual events and acts at the request of agencies, organizations and individuals nationwide, except the cases specified in Article 37 of this Decree.

2. Deeds cannot substitute for notarized documents, certified documents and other administrative documents.

3. Deeds constitute a source of evidence to be examined by courts when settling civil and administrative cases and matters in accordance with law and serve as a ground for conducting transactions between agencies, organizations and individuals in accordance with law.

4. In the course of evaluation and examination of evidential value of deeds, when finding it necessary, people’s courts and people’s procuracies may summon bailiffs and other agencies, organizations and individuals to clarify the truthfulness of such deeds. Bailiffs, agencies, organizations and individuals shall be present when summoned by courts and people’s procuracies.

Article 37. Cases where deeds may not be made

1. The cases specified in Clause 4, Article 4 of this Decree.

2. Cases of violation of regulations on assurance of security and national defense, including: infringement upon security and national defense targets; disclosure of state secrets or spreading of information, documents and objects pertaining to state secrets; violation of regulations on exit from, entry into, and travel within, restricted areas, protected areas and safety corridors of security and national defense facilities and military zones; and violation of regulations on protection of secrets, security and national defense facilities and military zones. 

3. The cases of disturbance of privacy or disclosure of personal or family secrets of others specified in Article 38 of the Civil Code; and cases of commission of acts against social ethics.

4. Certification of contents and signatures in contracts or transactions that are subject to notarization or certification as prescribed by law; certification of accuracy, lawfulness and ethical compliance of foreign-language or Vietnamese translations of papers and documents in Vietnamese or foreign languages; and certification of signatures and true copies of originals.

5. Recognition of events or acts for transferring land or property use rights or ownership without documents of title or documents proving use rights as specified by law.

6. Recognition of events or acts for conducting illegal transactions of deed-making requesters.

7. Recognition of events or acts of cadres, civil servants, public employees, officers, professional servicemen, national defense workers and employees of agencies and units of the People’s Army, and officers, non-commissioned officers and soldiers of agencies and units of the People’s Public Security forces while performing official duties.

8. Recognition of events and acts not personally witnessed by bailiffs.

9. Other cases specified by law.

Article 38. Agreements on making of deeds

1. A deed-making requester shall reach agreement in writing with the chief of a bailiff office on making of a deed with the following principal contents:

a/ Contents of the deed to be made;

b/ Place and time of deed making;

c/ Cost of deed making;

d/ Other agreements (if any).

2. An agreement on making of a deed shall be made in 2 copies to be held by the two parties.

Article 39. Procedures for making deeds

1. Bailiffs shall personally witness events or acts and make deeds and take responsibility before requesters and law for the deeds they have made. The recognition of events or acts in deeds must be objective and truthful. In case of necessity, bailiffs may invite witnesses to witness the making of deeds.

Deed-making requesters shall provide sufficient and accurate information and documents related to the making of deeds (if any) and shall take responsibility for the accuracy and lawfulness of such information and documents.

When making deeds, bailiffs shall clearly explain validity of deeds to requesters. Requesters shall give their signatures or fingerprints on deeds.

2. Deeds shall be signed by bailiffs on each page and appended with seals of bailiff offices and recorded in deed registers made according to a form provided by the Minister of Justice.

3. Deeds shall be sent to requesters and archived at bailiff offices in accordance with the law on archive like notarized documents.

4. Within 3 working days after completing the making of a deed, the bailiff office shall send such deed and supporting documents (if any) to the provincial-level Department of Justice of the locality where it is based for recording in a register. Within 2 working days after receiving such deed, the Department of Justice shall record it in the deed register.

Provincial-level Departments of Justice shall build, register and manage databases on deeds under guidance of the Ministry of Justice.

Article 40. Forms and principal contents of deeds

1. A deed shall be made in writing in Vietnamese and must have the following principal contents:

a/ Name and address of the bailiff office; full name of the deed-making bailiff;

b/ Place and time of deed making;

c/ Full name and address of the deed-making requester;

d/ Full names of other participants (if any);

dd/ Required contents of the deed; specific information about the recognized event or act;

e/ Written undertaking by the bailiff of the truthfulness and objectivity in making the deed;

g/ Signature of the bailiff, seal of the bailiff office, signatures or fingerprints of the requester and other participants (if any) and person whose act is recognized in the deed (if he/she so requests).

A deed with 2 or more pages must have every page ordinally numbered. A deed with 2 or more sheets must have a seal appended on adjoining sheets. The number of originals of a deed may be agreed upon by related parties.

2. Deeds may be accompanied by supporting documents. In case supporting documents are made by bailiffs, they must comply with the competence and scope provided in Clause 1, Article 36 of this Decree.

3. The Minister of Justice shall specify deed forms.

Article 41. Correction of technical errors in deeds

1. In case a technical error is made during the writing, typing or printing of a deed and its correction does not affect the truthfulness of the event or act recognized in the deed, the bailiff shall correct such error. The correction of a technical error in a deed shall be carried out at the bailiff office that has made such deed.

2. A bailiff that corrects technical errors shall cross-check every error to be corrected, underline words or phrases to be corrected, then write corrections in page margins beside his/her signature and seal of the bailiff office. 

3. For a deed that has been sent to the requester and provincial-level Department of Justice, a bailiff office shall send the version with corrected technical errors thereof to the requester and provincial-level Department of Justice.

Article 42. Issuance of copies of deeds

1. Copies of an original deed currently archived by a bailiff office shall be issued in the following cases:

a/ Upon written requests of competent agencies for provision of archived deeds for supervision, examination, inspection, investigation, prosecution, trial and judgment execution related to the making of deeds;

b/ Upon requests of the deed-making requester and persons with rights and obligations related to the deed.

2. A requester for issuance of copies of a deed specified at Point b, Clause 1 of this Article shall pay a copy issuance charge at the rate of VND 5,000/page for the first 2 pages and VND 3,000 for each page from the third page on.

Section 3

VERIFICATION OF CONDITIONS FOR CIVIL JUDGMENT EXECUTION

Article 43. Competence and scope of verification of conditions for judgment execution

1. Bailiffs may verify conditions for execution of judgments for cases or matters falling within the enforcing competence of civil judgment enforcement agencies in provincial-level localities where their bailiff offices are based.

2. When verifying conditions for judgment execution, bailiffs may do so outside provincial-level localities where their bailiff offices are based.

Article 44. Agreements on verification of conditions for judgment execution

1. Involved parties and persons with rights and obligations related to judgment execution may reach agreement with a bailiff office on verification of conditions for judgment execution by judgment debtors, even in case the judgment is being directly executed by a civil judgment enforcement agency. 

2. An agreement on verification of conditions for judgment execution between a requester and a bailiff office shall be signed in the form of service contract, which must have the following principal contents:

a/ Information to be verified, stating specific requirements on verification of information about property, income or judgment execution conditions of the judgment debtor;

b/ Verification duration;

c/ Rights and obligations of parties to the agreement;

d/ Verification expenses;

dd/ Other agreements (if any).

3. When reaching agreement with a bailiff office on verification of conditions for judgment execution, involved parties shall provide court judgments and rulings and other relevant documents (if any); persons with rights and obligations related to judgment execution shall provide documents proving that they have rights and obligations directly related to their exercise of the right and performance of the obligation to execute judgments.

Article 45. Procedures for verification of conditions for judgment execution

1. Within 3 working days after signing a service contract, the chief of a bailiff office shall issue a decision on verification of conditions for judgment execution, unless otherwise agreed upon by parties. A verification decision must clearly state grounds for verification and information to be verified and shall be recorded in a book for verification of conditions for judgment execution made according to a form set provided the Minister of Justice.

A verification decision shall be sent to the district-level people’s procuracy of the locality where the bailiff office is based and civil judgment enforcement agency competent to execute judgments in accordance with the law on enforcement of civil judgments.

2. The verification of conditions for judgment execution shall be carried out directly or in the form of written request for provision of information by agencies, organizations and individuals. 

3. In case of direct verification, a bailiff shall produce a letter of introduction of his/her bailiff office and his/her bailiff’s card together with relevant documents specified at Point a, Clause 4 of this Article, and a verification decision or judgment execution decision shall be announced in case the bailiff office organizes the judgment execution; and a minutes of verification shall be made, which must bear signatures of the bailiff and information provider(s) and certification by information provider(s). If the provision of information is temporarily impossible, the minutes must state the reason. A minutes shall be made in 2 copies to be held by the two parties.

In case of necessity, a bailiff may invite a specialized agency or an expert to clarify to-be-verified information.

4. In case of verification in the form of written request for provision of information, such request must have the following contents:

a/ Grounds for requesting provision of information, including: title of the legally effective judgment or ruling; verification decision and a copy of the written agreement on verification of conditions for judgment execution; and judgment execution decision in case the bailiff office organizes the judgment execution;

b/ Information about the judgment debtor, including: name and address of the head office, for institutional judgment debtors; or full name and address of the place of residence, for individual judgment debtors, and other necessary information;

c/ Information requested to be provided within the scope and competence of bailiffs prescribed in this Decree;

d/ Time of, and deadline for, provision of information;

dd/ Other relevant information.

A written request for provision of information enclosed with relevant documents shall be sent to information providers and concurrently to the district-level people’s procuracy of the locality where the bailiff office is based. In case of verification outside the provincial-level locality where the bailiff office is based, the bailiff shall concurrently send the request to the district-level people’s procuracy of the locality where the verification is carried out.

5. Other provisions of the law on enforcement of civil judgments may apply to the verification of conditions for judgment execution by bailiffs.

Article 46. Refusal to provide information

1. An agency, organization or individual may refuse to provide information in the following cases:

a/ The case or matter falls beyond the verifying competence of bailiffs;

b/ Information requested to be provided is about an agency, organization or individual that is not obliged to execute judgments within the verifying competence of bailiffs;

c/ The dossier of request for provision of information does not fully comprise the documents specified in Article 45 of this Decree;

d/ Information and documents requested to be provided pertain to state secrets as specified by relevant laws.

2. Agencies, organizations and individuals that refuse to provide information shall reply in writing, clearly stating reasons.

Article 47. Confidentiality of verified information about conditions for judgment execution

1. Verified information about conditions for judgment execution may only be used for the purpose of execution of legally effective judgments and rulings and shall be kept confidential in accordance with law.

2. Bailiffs, bailiff offices, requesters and related agencies, organizations and individuals shall keep the provided information confidential.

3. Individuals, agencies and organizations that violate the provisions of Clauses 1 and 2 of this Article shall, depending on the nature and severity of their violations, be handled for administrative violations or examined for penal liability, and pay compensations for damage (if any) in accordance with law.

Article 48. Use of results of verification of conditions for judgment execution

1. Judgment creditors and persons with related rights and obligations may use results of the verification of conditions for judgment execution carried out by bailiffs to request judgment execution or protect their lawful rights and interests. Civil judgment enforcement agencies and bailiff offices competent to execute judgments shall base themselves on verification results to organize judgment execution.

2. In case there is a ground to believe that verification results are neither objective nor accurate, civil judgment enforcement agencies and bailiff offices may refuse to use such results but shall reply in writing, clearly stating reasons.

Article 49. Authorization for verification of conditions for judgment execution

1. A bailiff office may authorize another bailiff office to perform several or all jobs under a service contract for verification of conditions for judgment execution, if the requester so agrees.

2. Authorization between two bailiff offices must be established in writing with the following contents: information about the authorizing bailiff office and authorized bailiff office; information about the verification requester and information requested to be verified under the signed service contract; authorization contents, verified information (if any), information to be verified, authorization remuneration, and other agreements (if any).

Authorization shall be notified in writing to district-level people’s procuracies of the localities where the authorizing bailiff office and authorized bailiff office are based for supervision in accordance with law. 

3. Authorized bailiff offices shall carry out verification in accordance with this Decree and the law on enforcement of civil judgments.

Article 50. Coordination among related agencies, organizations and individuals in verification of conditions for judgment execution

1. Justice-civil status civil servants, cadastral-construction-urban and environment civil servants, other commune-level cadres and civil servants, social security agencies, credit institutions, land registration offices, secured transaction registration offices, public notary organizations, and other individuals, agencies and organizations that have information or are managing property or accounts of judgment debtors shall coordinate with and support bailiffs in verifying conditions for judgment execution; and coordinate with one another in providing information about judgment execution conditions of judgment debtors and take responsibility for the provided information. 

2. Agencies, organizations and individuals that have information or are managing property or accounts of judgment debtors shall sign verification minutes when bailiffs carry out direct verification or when they provide information in written form upon request of bailiffs within 5 working days after receiving such requests. In case of refusal to provide information, they shall reply in writing, clearly stating reasons.

A document providing information must have the following contents: time of information provision; information to be provided upon request within the scope and competence of bailiffs provided in this Decree.

3. Agencies, organizations and individuals that provide untruthful information about judgment execution conditions of judgment debtors shall be held responsible before law, pay arising expenses and compensations for damage (if any) in accordance with law.

Section 4

EXECUTION OF JUDGMENTS AND RULINGS UPON REQUEST OF INVOLVED PARTIES

Article 51. Competence of bailiffs to organize judgment execution

1. Bailiffs may organize execution of the following judgments and rulings upon request of involved parties:

a/ Legally effective first-instance judgments and rulings of people’s courts of districts, towns, provincial cities and the equivalent (below collectively referred to as district-level people’s courts); and legally effective first-instance judgments and rulings of provincial-level people’s courts of localities where bailiff offices are based;

b/ Appellate judgments and rulings of provincial-level people’s courts of localities where bailiff offices are based with regard to first-instance judgments and rulings of district-level people’s courts which have not yet become legally effective; appellate judgments and rulings of superior people’s courts with regard to first-instance judgments and rulings of provincial-level people’s courts of localities where bailiff offices are based which have not yet become legally effective;

c/ Cassation or reopening rulings of superior people’s courts with regard to legally effective judgments and rulings of district-level or provincial-level people’s courts of localities where bailiff offices are based.

2. Bailiffs may not organize execution of parts of judgments and rulings subject to execution decisions issued by heads of civil judgment enforcement agencies at their own discretion under Clause 2, Article 36 of the Law on Enforcement of Civil Judgments.

Article 52. Tasks and powers of bailiffs in organizing judgment execution

1. When organizing judgment execution, bailiffs have the following tasks and powers:

a/ To promptly and properly execute judgment execution decisions issued by heads of civil judgment enforcement agencies upon request of chiefs of bailiff offices; to properly apply regulations on order and procedures for judgment execution and guarantee interests of the State and lawful rights and interests of involved parties and persons with related rights and obligations;

b/ To invite involved parties and persons with related rights and obligations to join in the judgment execution;

c/ To propose heads of civil judgment enforcement agencies to consider amending or supplementing judgment execution decisions issued upon request of chiefs of bailiff offices;

d/ To verify judgment execution conditions of judgment debtors; to request related agencies, organizations and individuals to provide information and documents to verify addresses and property of judgment debtors.

2. When organizing judgment execution, bailiffs may neither perform the following tasks nor exercise the following powers:

a/ To apply measures to secure or coerce judgment execution specified in Articles 66, 71 and 72 of the Law on Enforcement of Civil Judgments;

b/ To use supporting tools while performing official duties under Clause 9, Article 20 of the Law on Enforcement of Civil Judgments;

c/ To sanction administrative violations;

d/ To request courts to identify, divide and handle common property for judgment execution under Article 74 of the Law on Enforcement of Civil Judgments;

dd/ To request courts to declare transactions null and void under Clause 2, Article 75 of the Law on Enforcement of Civil Judgments;

e/ Rights to request courts to identify persons that have rights to own and use temporarily seized property and documents; identify rights to own and use property for judgment execution and settle property-related disputes; request cancellation of property-related documents of title and transactions; settle disputes over property auction results under Clause 4, Article 68; Clause 3, Article 69; and Clause 2, Article 102, of the Law on Enforcement of Civil Judgments.

Article 53. Right to request judgment execution

1. With the same requesting content and at the same time, a requester may request in writing only one bailiff office or one civil judgment enforcement agency to organize judgment execution.

2. In case a judgment creditor has more than one clause in a judgment or ruling executed by the same debtor, he/she may at the same time request the civil judgment enforcement agency or one bailiff office to organize execution of such clauses. If such clauses are to be executed by different debtors, the judgment creditor may at the same time request the civil judgment enforcement agency and bailiff office to organize separate execution of different clauses.

If subject to the same judgment or ruling are different debtors, of whom some request organization of judgment enforcement by the civil judgment enforcement agency while others request organization of judgment execution by a bailiff office, such civil judgment enforcement agency and bailiff office shall coordinate with each other in organizing judgment execution.   

3. The statute of limitations and procedures for requesting judgment execution must comply with the law on enforcement of civil judgments.

Article 54. Agreements on organization of judgment execution

1. An agreement on organization of judgment execution between a requester and a bailiff office must take the form of service contract and have the following principal contents:

a/ Date of request for judgment execution;

b/ Clauses requested to be executed under the judgment or ruling;

c/ Responsibilities of the bailiff office in fulfilling the request for judgment execution as authorized;

d/ Expenses and payment method;

dd/ Other agreements (if any).

A contract shall be made in 2 copies to held by the two parties.

2. After signing a contract, a bailiff office shall record it in a judgment execution book made according to a form provided by the Minister of Justice.

Article 55. Decisions on judgment execution

1. Within 5 working days after signing a service contract, the chief of a bailiff office shall base himself/herself on contents of such contract and judgment execution competence provided in Article 35 of the Law on Enforcement of Civil Judgments to request in writing the head of the district-level Sub-Department of Civil Judgment Enforcement or director of the provincial-level Department of Civil Judgment Enforcement of the locality where the bailiff office is based to issue a decision on judgment execution according to his/her competence. Such request shall be enclosed with a written request for judgment execution made under authorization, the judgment or ruling to be executed in accordance with the Law on Enforcement of Civil Judgments, and relevant documents. 

2. Within 5 working days after receiving a written request of the chief of a bailiff office, the head of a civil judgment enforcement agency shall consider and issue a decision on judgment execution. In case of refusal to issue such decision, he/she shall reply in writing, clearly stating the reason.

3. A decision on judgment execution must have the following contents:

a/ Full name and position of the decision issuer;

b/ Serial number and date of, and name of the agency or organization issuing, the decision;

c/ Name and address of the judgment creditor;

d/ Name and address of the judgment debtor;

dd/ Name and address of the bailiff office organizing judgment execution;

e/ Jobs to be performed by bailiffs to organize judgment execution;

g/ Time limit for the judgment debtor to voluntarily execute the judgment.

Decisions on judgment execution shall be recorded in a judgment execution book made according to a form provided by the Minister of Justice.

4. Jobs to be performed by bailiffs to organize judgment execution under Point e, Clause 3 of this Article include:

a/ Verifying conditions for judgment execution;

b/ Organizing judgment execution;

c/ Reaching agreement on judgment execution;

d/ Payment of expenses for judgment execution.

5. Within 2 working days after receiving a decision on judgment execution of the head of a civil judgment enforcement agency, the bailiff office that has requested the issuance of such decision shall send such decision to the judgment creditor and judgment debtor and district-level people’s procuracy (if the case or matter falls within the judgment-enforcing competence of district-level judgment enforcement agencies) or provincial-level people’s procuracy (if the case or matter falls within the judgment-enforcing competence of provincial-level judgment enforcement agencies) of the locality where the bailiff office is based.

6. Heads of civil judgment enforcement agencies shall be held responsible before law, involved parties and persons with related rights and obligations for issuance of or refusal to issue decisions on judgment execution upon request of chiefs of bailiff offices.

Bailiffs shall be held responsible before law, involved parties and persons with related rights and obligations for their requests for heads of civil judgment enforcement agencies to issue decisions on judgment execution and for organization of execution of such decisions

7. Decisions on judgment execution issued upon request of bailiff offices do not pertain to cases or matters accepted for organization of judgment execution by civil judgment enforcement agencies.

Article 56. General procedures for judgment execution by bailiffs

1. Bailiffs shall carry out procedures for judgment execution under this Decree and the law on enforcement of civil judgments.

2. Handling of the transfer of a case or matter from a civil judgment enforcement  agency to a bailiff office and vice versa:

a/ For a case or matter for which the judgment execution is organized by a civil judgment enforcement agency but later requested in writing by involved parties to be suspended and transferred to a bailiff office for execution organization, such involved parties may not request the civil judgment enforcement agency to continue enforcing clauses for which the latter has issued a decision on suspension of judgment execution;

b/ For a case or matter for which the judgment execution is organized by a bailiff office but later requested in writing by involved parties to be discontinued and the contract with the bailiff office is terminated, the judgment creditor may request a civil judgment enforcement agency or another competent bailiff office to continue organizing the judgment execution, except the case specified at Point a of this Clause;  

c/ A new request for judgment execution made by involved parties must clearly state previous judgment execution results; judgment contents requested to be further executed and relevant information and documents. If lawfully carried out or obtained, the order and procedures for and results of the previous judgment execution remain legally valid, and are recognized and used as grounds for continued judgment execution. 

Article 57. Termination of judgment execution by bailiffs

A bailiff shall terminate the judgment execution and notify the district-level Sub-Department of Civil Judgment Enforcement or provincial-level Department of Civil Judgment Enforcement that has issued a decision on judgment execution of the termination of judgment execution in the following cases:

1. The judgment execution automatically ends in accordance with the law on enforcement of civil judgments;

2. The judgment execution is terminated under an agreement between the bailiff and involved parties, unless such termination affects lawful rights and interests of a third party;

3. It is necessary to apply measures to secure or coerce the judgment execution in accordance with the Law on Enforcement of Civil Judgments;

4. The bailiff organizes the judgment execution while a judgment execution condition arises outside the provincial-level locality where the bailiff is based;

5. Past 15 days from the date of receiving a notice, the judgment creditor does not request a court to identify the portion of property ownership or land use rights of the judgment debtor in the common property under Clause 1, Article 74 of the Law on Enforcement of Civil Judgments and the judgment debtor has no property else;

6. Past 15 days from the date receiving a notice, the judgment creditor does not request a court to declare property-related transactions null and void under Clause 2, Article 75 of the Law on Enforcement of Civil Judgments and the judgment debtor has no property else;

7. Cases where it is necessary to request a court to identify persons having the right to own or use temporarily seized property and documents; identify the right to own or use property for judgment execution or property-related dispute settlement; request cancellation of property-related documents of title and transactions; or settle disputes over property auction results under Clause 4, Article 68; Clause 3, Article 69; and Clause 2, Article 102, of the Law on Enforcement of Civil Judgments, and the judgment debtor has no property else.  

Article 58. Legal consequences of termination of judgment execution

1. Upon termination of judgment execution, a bailiff office and a judgment execution requester shall liquidate the judgment execution service contract between them. If any dispute arises in the course of contract liquidation and settlement of arising problems, the parties may request a court to settle it in accordance with law.

The bailiff office shall handle unclaimed money amounts and property in accordance with the Law on Enforcement of Civil Judgments and the civil law regarding derelicts.

For cases or matters for which judgment execution is not completed, involved parties may further request judgment execution under Article 53 of this Decree.

2. In case of termination of judgment execution under Clause 3, 4, 5, 6 or 7, Article 57
of this Decree, before liquidating a judgment execution service contract, the chief of a bailiff office shall:

a/ Issue a decision or request a competent agency to issue a decision on revocation of decisions, notices and documents on judgment execution that have not yet been completely performed;

b/ Transfer the whole judgment execution file to a civil judgment enforcement agency competent to organize judgment execution in accordance with the Law on Enforcement of Civil Judgments;

c/ Notify in writing involved parties of transfer of the judgment execution file and that the judgment execution requester may continue requesting a civil judgment enforcement agency to organize judgment enforcement in accordance with the law on enforcement of civil judgments.

3. In case of termination of judgment execution under Article 57 of this Decree, before liquidating a judgment execution service contract, the chief of a bailiff office shall notify in writing the district-level people’s procuracy (if the case or matter falls within the judgment-enforcing competence of district-level judgment enforcement agencies) or provincial-level people’s procuracy (if the case or mater falls within the judgment-enforcing competence of provincial-level judgment enforcement agencies) of the locality where the bailiff office is based of termination of judgment execution and transfer of the judgment execution file to a civil judgment enforcement agency.

4. Responsibilities of a civil judgment enforcement agency:

a/ To receive the judgment execution file transferred by the bailiff office;

b/ To receive a written request for judgment execution from involved parties, issue a decision on judgment execution, and assign enforcers to organize judgment execution in accordance with law, except the case specified at Point a, Clause 2, Article 56 of this Decree;

c/ To recognize and use results of judgment execution previously carried out by bailiffs when the judgment is allowed to be further executed, provided such results are lawfully obtained.

Article 59. Payment of expenses for judgment execution

1. Expenses for judgment execution shall be paid in accordance with the law on enforcement of civil judgments.

2. Civil judgment enforcement agencies and bailiff offices shall coordinate in paying expenses for judgment execution in case judgment debtors have to perform more than one obligation of which the execution is being concurrently organized by these agencies and offices. 

Article 60. Responsibilities of agencies in judgment execution

1. Civil judgment enforcement agencies have the following responsibilities:

a/ District-level Sub-Departments of Civil Judgment Enforcement or provincial-level Departments of Civil Judgment Enforcement of localities where bailiff offices are based shall issue decisions on judgment execution upon request of bailiff offices; hand over such decisions to the requesting bailiff offices within 2 working days after issuing them.

Provincial-level Departments of Civil Judgment Enforcement of localities where bailiff offices are based shall support the judgment execution by bailiff offices, guide coordination in judgment execution between district-level Sub-Departments of Civil Judgment Enforcement and bailiff offices and among bailiff offices in their localities;

b/ District-level Sub-Departments of Civil Judgment Enforcement or provincial-level Departments of Civil Judgment Enforcement shall coordinate with bailiff offices in verifying conditions and paying expenses for judgment execution under regulations.

2. Social security agencies, State Treasury offices and credit institutions shall coordinate with one another in providing information and assisting bailiffs and bailiff offices in verifying conditions for judgment execution under this Decree and the law on enforcement of civil judgments.

3. Property registration offices and secured transaction registration offices shall:

a/ Carry out registration of property ownership and land use rights for property purchasers and judgment creditors that receive property for clearing against money amounts receivable from judgment execution;

b/ Recall, modify or cancel documents of title of property, documents proving land use rights and written registrations of secured transactions issued to judgment debtors; or renew such documents in accordance with law.

Section 5

EXPENSES FOR PERFORMANCE OF BAILIFF’S JOBS

Article 61. Expenses for performance of bailiff’s jobs

Expenses for performance of bailiff’s jobs shall be recorded in contracts between bailiff offices and requesters.

Article 62. Expenses for serving papers, files and documents of courts, people’s procuracies and civil judgment enforcement agencies

1. Expenses for serving papers, files and documents of courts, people’s procuracies and civil judgment enforcement agencies shall be agreed upon by such courts, procuracies and agencies with bailiff offices in contracts specified in Clause 3, Article 33 of this Decree on the basis of the expense bracket specified in Clause 2 of this Article.

2. The document-serving expense bracket is specified as follows:

a/ Between VND 65,000/matter and VND 130,000/matter, except the case specified at Point b of this Clause;

b/ In 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, courts, people’s procuracies and civil judgment enforcement agencies shall reach agreement with bailiff offices on document-serving expenses, including actual expenses not exceeding the law-prescribed working-trip allowance levels applicable to state agencies and public non-business units; and remunerations for workdays of persons performing the document-serving job which must not exceed the minimum salary level of employees of state agencies and public non-business units.   

Document-serving expenses specified in this Clause cover also public notification in case direct serving of documents is impossible and public notification is required by the procedure law and law on enforcement of civil judgments.

3. Payment of document-serving expenses is prescribed as follows:

a/ Document-serving expenses shall be paid on a monthly basis. Bailiff offices shall make and hand over service invoices to courts, people’s procuracies and civil judgment enforcement agencies. Within 5 working days after receiving a valid invoice, a court, people’s procuracy or civil judgment enforcement agency shall complete payment procedures and dossiers and send an account transfer request to the State Treasury office where its account is opened for controlling payment of document-serving expenses to the bailiff office;

b/ For document-serving jobs for which expenses are required by law to be borne by involved parties, courts, people’s procuracies and civil judgment enforcement agencies shall collect expenses from involved parties and transfer them to bailiff offices. For document-serving jobs for which expenses are required by law to be borne by the state budget, courts, people’s procuracies and civil judgment enforcement agencies shall pay them to bailiff offices;   

c/ If document-serving expenses are not yet collected from involved parties by the time of payment prescribed at Point a of this Clause, civil judgment enforcement agencies shall pay them in advance to bailiff offices from budget estimates assigned by competent authorities in accordance with the law on the state budget. Civil judgment enforcement agencies shall urge involved parties to pay document-serving expenses for refund of advanced amounts to the state budget;

d/ In case of serving of papers, files and documents of civil judgment enforcement agencies for entrusted cases or matters, civil judgment enforcement agencies that have transferred such papers, files and documents to bailiffs for serving shall pay actual document-serving expenses. In case involved parties are required to bear document-serving expenses but have not yet paid them, the entrusting civil judgment enforcement agency shall request in writing the entrusted civil judgment enforcement agency to collect document-serving expenses from involved parties;

dd/ The State Treasury shall control payment of document-serving expenses in accordance with law.

4. Every year, based on job volume performed in the previous year, the expense bracket specified in this Article and jobs expected to be performed in the plan year, a court, people’s procuracy or civil judgment enforcement agency shall make document-serving expense estimates for inclusion in its budget estimates for submission to its superior agency in accordance with the law on the state budget. Such estimates shall be divided into:

a/ Document-serving expenses in case of payment by the state budget;  

b/ Advanced expenses in case of payment by involved parties.

Article 63. Expenses for serving of papers, files and documents relevant to mutual legal assistance in civil matters of foreign competent authorities

Expenses for serving of papers, files and documents relevant to mutual legal assistance in civil matters of foreign competent authorities shall be specified by the Minister of Justice.

Article 64. Expenses for making of deeds and verification of conditions for judgment execution

1. Expenses for making of deeds and verification of conditions for judgment execution shall be agreed upon by requesters and bailiff offices based on jobs to be performed or working hours.

2. Bailiff offices shall prescribe and publicly notify expense brackets, including the maximum level, minimum level and calculation method, for making of deeds and verification of conditions for judgment execution.

Based on the notified expense brackets, requesters and bailiff offices may reach additional agreement on expenses based on jobs to be performed or working hours and actually arising expenses, including travel expense and service charge payable to information providers, expenses for witnesses and other participants or other expenses (if any).

3. In case bailiff offices organize judgment involving verification of conditions for judgment execution, verification expenses shall be agreed upon by bailiffs and requesters under Clause 2 of this Article or may be included in expenses for civil judgment execution specified in Article 65 of this Decree.

Article 65. Expenses for civil judgment execution

For the organization of judgment execution, bailiff offices may collect expenses at the levels of expenses for civil judgment execution specified by the law on charges and fees. For complicated cases or matters, bailiff offices and requesters may reach agreement on expenses for job performance.

Chaper V

STATE MANAGEMENT OF, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS, DENUNCIATIONS AND DISPUTES RELATED TO, AND SUPERVISION OF THE OPERATION OF, BAILIFFS

Article 66. Responsibilities of the Government

1. The Government shall perform the unified state management of bailiffs.

2. The Ministry of Justice shall be responsible before the Government and Prime Minister for performing the state management of bailiffs, having the following tasks and powers:

a/ To promulgate according to its competence or propose competent agencies to promulgate legal documents on bailiffs;

b/ To provide professional guidelines on and carry out examination and inspection of bailiffs;

c/ To provide bailiff training and further training;

d/ To promulgate the code of professional ethics of bailiffs;

dd/ To appoint, re-appoint, and relieve from duty bailiffs;

e/ To settle bailiff-related complaints and denunciations in accordance with law;

g/ To perform other tasks and exercise other powers in accordance with this Decree and relevant laws.

Article 67. Responsibilities of ministries and ministerial-level agencies

1. The Minister of Public Security shall guide prisons to collect payable money amounts and assets from judgment debtors in case they are serving imprisonment penalties.

2. The Minister of Finance shall guide the State Treasury offices, social insurance agencies, tax offices and attached agencies and units to coordinate with bailiffs in verifying conditions for judgment execution and organize judgment  execution in accordance with this Decree and relevant laws; and guide financial regimes prescribed in this Decree.

Article 68. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall perform the state management of bailiffs in localities, having the following tasks and powers:

a/ To manage the operation of bailiffs in localities; to disseminate and publicize information about operation of bailiffs;

b/ To approve schemes on development of bailiff offices in localities;

c/ To permit the establishment, transformation, merger, consolidation, transfer, and termination of the operation of bailiff offices;

d/ To carry out examination and inspection and settle complaints and denunciations related to bailiffs in accordance with law;

dd/ To perform other tasks and exercise other powers in accordance with this Decree and other relevant laws.

2. Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of bailiffs in localities, having the following tasks and powers:

a/ To verify information in dossiers of request for appointment or relief from duty of bailiffs at the request of the Ministry of Justice; to make bailiff practice registration, and grant, re-grant and revoke bailiff’s cards; to decide on suspension of bailiff practice;

b/ To assume the prime responsibility for, and coordinate with departments and sectors in, formulating schemes on development of bailiff offices in localities and submit them to provincial-level People’s Committees for approval;

c/ To receive and appraise dossiers of request for, and carry out procedures for proposing provincial-level People’s Committees to permit, the establishment, transformation, merger, consolidation, transfer or termination of the operation of bailiff offices;

d/ To grant and revoke operation registration certificates for bailiff offices; to decide on suspension of the operation of bailiff offices;

dd/ To formulate databases of deeds as prescribed in Clause 4, Article 39 of this Decree;

e/ To carry out examination and inspection, and settle complaints and denunciations related to bailiffs in accordance with law;

g/ To report to the Ministry of Justice and provincial-level People’s Committees on the organization and operation of bailiffs in accordance with this Decree and relevant laws;

h/ To perform other tasks in accordance with this Decree and relevant laws and at the requests of the Ministry of Justice and provincial-level People’s Committees.

Article 69. Handling of violations

1. Bailiffs who violate the provisions of this Decree shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability and pay compensation for damage (if any) in accordance with law.

2. Bailiff offices that violate the provisions of this Decree shall be administratively sanctioned and pay compensation for damage (if any) in accordance with law.

3. Bailiff requesters who commit acts of providing untruthful information and documents, using counterfeit papers and documents, or illegally modifying or erasing papers and documents or commit other deceitful acts shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability and pay compensation for damage (if any) in accordance with law.

4. Persons with positions and powers who commit acts of infringing upon lawful rights and interests of bailiffs and bailiff offices, or obstruct bailiffs and bailiff offices from exercising their rights and performing their obligations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability and pay compensation for damage (if any) in accordance with law.

5. Individuals who practice bailiff profession in any form without satisfying the prescribed conditions for bailiff practice shall terminate their violations, and be administratively sanctioned or examined for penal liability and pay compensation for damage (if any) in accordance with law.

Organizations that carry out bailiff-related activities in any form without satisfying the prescribed conditions for such activities shall terminate their violations, and be administratively sanctioned and pay compensation for damage (if any) in accordance with law.

Article 70. Settlement of complaints

1. The settlement of complaints about appointment, re-appointment or relief from duty of bailiffs; bailiff practice registration and grant of bailiff’s cards; suspension of bailiff practice; establishment, registration of the operation, transformation, merger, consolidation, transfer, suspension of the operation or termination of the operation of bailiff offices must comply with the law on complaints.

2. The settlement of complaints related to service of papers, files and documents of people’s courts and people’s procuracies must comply with the procedure law.

3. The settlement of complaints related to enforcement of civil judgments under the Law on Enforcement of Civil Judgments is prescribed as follows:

a/ Complaints about the issuance of or failure to issue decisions on judgment execution at the request of chiefs of bailiff offices:

In case a person competent to issue a decision on judgment execution is the head of a district-level Sub-Department of Civil Judgment Enforcement, the director of a provincial-level Department of Civil Judgment Enforcement shall settle the complaint for the first time within 30 days after accepting the complaint request. If disagreeing with the complaint settlement decision of the director of a provincial-level Department of Civil Judgment Enforcement, the complainant may file a complaint to the Director General of the General Department of Civil Judgment Enforcement. The Director General of the General Department of Civil Judgment Enforcement shall issue a decision on settlement of the complaint for the second time within 45 days after accepting the complaint request. This decision is legally effective;

In case a person competent to issue a decision on judgment execution is the director of a provincial-level Department of Civil Judgment Enforcement, the Director General of the General Department of Civil Judgment Enforcement shall settle the complaint for the first time within 30 days after accepting the complaint request. If disagreeing with the complaint settlement decision of the Director General of the General Department of Civil Judgment Enforcement, the complainant may file a complaint to the Minister of Justice. The Minister of Justice shall issue a decision on settlement of the complaint for the second time within 45 days after accepting the complaint request. This decision is legally effective;

b/ Complaints about acts of chiefs of bailiff offices or bailiffs:

For a case or matter for which a  decision on judgment execution is issued by the head of a district-level Sub-Department of Civil Judgment Enforcement under Article 55 of this Decree, such head shall settle for the first time the complaint about acts committed by the chief of a bailiff office or by a bailiff within 30 days after accepting the complaint request. If disagreeing with the complaint settlement decision of the head of the district-level Sub-Department of Civil Judgment Enforcement, the complainant may file a complaint to the director of a provincial-level Department of Civil Judgment Enforcement. The director of the provincial-level Department of Civil Judgment Enforcement shall issue a decision on settlement of the complaint for the second time within 45 days after accepting the complaint request. This decision is legally effective;

For a case or matter for which a decision on judgment execution is issued by the director of a provincial-level Department of Civil Judgment Enforcement under Article 55 of this Decree, such director shall settle for the first time the complaint about acts committed by the chief of a bailiff office or by a bailiff within 30 days after accepting the complaint request. If disagreeing with the complaint settlement decision of the director of the provincial-level Department of Civil Judgment Enforcement, the complainant may file a complaint to the Director General of the General Department of Civil Judgment Enforcement. The Director General of the General Department of Civil Judgment Enforcement shall issue a decision on settlement of the complaint for the second time within 45 days after accepting the complaint request. This decision is legally effective;

For cases or matters occurring in deep-lying, remote and hard-to-travel areas, or complicated cases or matters, the time limit for settlement of a complaint may be extended but must not exceed 60 days after the complaint request is accepted;

c/ In case of necessity, the Minister of Justice may re-consider legally effective complaint settlement decisions on judgment execution.

Article 71. Settlement of denunciations

Denunciations and settlement of denunciations related to the operation of bailiffs must comply with the law on denunciations.

Article 72. Settlement of disputes

1. Disputes over contract performance and compensation for non-contractual damages concerning the performance of jobs of bailiffs shall be settled by competent agencies under the civil law and civil procedure law.

2. For disputes over making of deeds, involved parties may initiate a lawsuit to have them settled by courts.

Article 73. Supervision of the operation of bailiffs

The service of papers, files and documents of courts, people’s procuracies, and civil judgment enforcement agencies, the verification of conditions for judgment execution and organization of judgment execution by bailiffs shall be subject to the supervision by people’s procuracies under the Law on Organization of People’s Procuracies, procedure law, law on enforcement of civil judgments, this Decree and relevant laws.

Chapter VI

EFFECT AND TRANSITIONAL PROVISIONS

Article 74. Effect and transitional provisions

1. This Decree takes effect on February 24, 2020.

2. The Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City; and the Government’s Decree No. 135/2013/ND-CP of October 18, 2013, amending and supplementing the title and a number of articles of the Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City, cease to be effective on the effective date of this Decree, except the cases prescribed in Clause 4 of this Article.

3. Bailiffs appointed and bailiff offices established under the Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City, and the Government’s Decree No. 135/2013/ND-CP of October 18, 2013, amending and supplementing the title and a number of articles of the Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City, may continue practicing and operating under this Decree.

4. The provisions on criteria for appointment of bailiffs prescribed in the Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City, and the Government’s Decree No. 135/2013/ND-CP of October 18, 2013, amending and supplementing the title and a number of articles of the Government’s Decree No. 61/2009/ND-CP of July 24, 2009, on the pilot organization and operation of bailiffs in Ho Chi Minh City, shall continue to be applied within 1 year after the effective date of this Decree.

5. For a bailiff appointed before the effective date of this Decree who wishes to change his/her place of practice, the bailiff office to which he/she will move shall carry out bailiff practice registration procedures and grant a bailiff’s card to him/her under Article 15 of this Decree.

6. A bailiff who is relieved from duty at his/her own free will, before the effective date of this Decree, be considered for re-appointment under Clauses 1 and 4, Article 14 of this Decree.

7. For matters already accepted by bailiff offices but remained unsettled before the effective of this Decree, the lawfully carried out order and procedures may be recognized; the remaining order and procedures must comply with this Decree.

8. For cases or matters of civil judgment execution already accepted by bailiff offices but remained unsettled before the effective of this Decree while the cases prescribed at Points a, d, dd and e, Clause 2, Article 52 of this Decree arise, the judgment execution shall be terminated under Article 57, and must comply with Article 58, of this Decree.

For cases or matters of civil judgment execution in which civil judgment enforcement agencies have issued decisions on suspension of judgment execution for implementation organization by bailiff offices before the effective date of this Decree, and which are then subject to application of judgment execution security measures or coercion measures under the Law on Enforcement of Civil Judgments, civil judgment enforcement agencies shall receive them again for issuance of decisions on judgment execution and organize the judgment execution under the law on enforcement of civil judgments.

9. A deed register prescribed in Clause 4, Article 39 of this Article shall be used until the database of deeds is established.

10. Schemes on implementation of regulations on bailiffs of provinces or centrally run cities which are approved by the Ministry of Justice before the effective date of this Decree and comply with this Decree shall continue to be implemented.

Article 75. Implementation responsibility 

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

2. The Minister of Justice shall, within the ambit of his/her tasks and powers, coordinate with related ministries and sectors in, guiding the implementation of the articles and clauses assigned in and other necessary contents of this Decree to meet the requirements of state management of bailiff-related activities.

3. Provincial-level People’s Committees shall direct People’s Committees at lower levels and related agencies in localities to coordinate with, support, and create favorable conditions for bailiffs to perform their jobs.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC