“Dear lawyer, because my family has little money, we have to accept to buy a house with the same red book with 3 houses that they are selling. Because the house does not have its own documents, when buying and selling, we cannot make a notarized document but can only go to the bailiff’s office to make a transaction. The seller commits that we will later put our name in the red book after the sale is completed. Is that safe and reliable?” LSX Lawfirm will give you an article about: “Bailiff under Vietnamese law”, as follows:
Legal grounds
Decree 08/2020/ND-CP
What’s bailiff?
So, a bailiff is a qualified person appointed by the State to perform civil judgment enforcement, document service, license issuance and other jobs as prescribed by Decrees and relevant laws.
In which, so service is the notification, delivery and receipt of papers, dossiers and documents performed by the bailiff in accordance with law. And a diploma is a document recording real events and acts directly witnessed by the bailiff, and made at the request of individuals, agencies or organizations in accordance with regulations.
So, within the scope of their responsibilities, according to the provisions of Article 3 of Decree 08/2020, the bailiffs’ jobs are performed as follows:
- Firstly, to perform the service at the request of the Court or the civil judgment enforcement agency.
- Prepare diplomas at the request of individuals, agencies and organizations.
- Secondly, verify judgment execution conditions at the request of the involved parties.
- Thirdly, directly organize judgment enforcement of court judgments and decisions at the request of involved parties. The bailiff does not organize the execution of judgments and decisions under the category of heads of civil judgment enforcement agencies that actively issue judgment enforcement decisions.
What is a bailiff’s office?
The bailiff’s office is the practice organization of the bailiff. “The Attorney General’s Office” is the mandatory key phrase in the request for the name of the Attorney General’s office and the part of the personal name that follows. Those who have a need to solve the problems of licensing or verifying conditions can come here to request it.
Specifically, the head of the bailiff’s office must be the bailiff and the legal representative of the bailiff’s office. In addition, the bailiff’s office has its own headquarters, seal and account and operates on the principle of financial autonomy.
What is notarization of bail?
What is notarized by a bailiff (or notarized by a bailiff): According to the law, vi equals does not replace notarized documents, authenticated documents, and other administrative documents. The diploma has evidence value and is a source of evidence for the Court to consider when settling civil and administrative cases in accordance with law; is the basis for performing transactions between agencies, organizations and individuals according to the provisions of law.
Notarization is only valid as evidence that records events and activities that occur without recording legitimacy. “Notarization by bailiff” is a term used by many people. However, this is not a legal term. Nowadays, many people use this term for the purpose of convincing and deceiving customers that there is a legitimate warranty for the transaction they enter into.
What is a bailiff’s house papers?
Currently, many people still believe in buying and selling houses through a license. In fact, many cases are just scams and extremely risky. This has resulted in many cases where house papers and transfer papers are incomplete and inconsistent with regulations.
Article 36 of Decree 08/2020/ND-CP stipulates the authority, scope of making a license; and the legal value of a license as follows:
A bailiff made by recording real events and acts at the request of agencies; organizations and individuals nationwide, except for the cases specified in Article 37 of this Decree.
Vi equals does not replace notarized documents, authenticated documents, other administrative documents.”
However, the transfer, donation or mortgage of land use rights; land use rights and land-attached assets notarized or authenticated; according to the provisions of Article 167 of the 2013 Land Law; in Article 122 of the 2014 Housing Law; The house purchase contract is effective at the time of notarization or authentication.
The act of making an equalization for the sale and purchase of a house; carried out in accordance with the order and procedures prescribed by the State; will confirm that there is a contract of sale between the two parties at the time of making ; and considered as evidence at the time of establishment. Court if there is a dispute. Buying and selling credits has many potential legal risks, so people need to consider carefully before putting money down.
Thus, it concluded that the house sale transaction or house documents notarized or authenticated; but cannot make to buy and sell houses.
In what cases will the bailiff not be equal?
- Firstly, in cases related to the rights and interests of themselves and their loved ones; including: Wife, husband, natural and adopted children; biological father, biological mother, adoptive father, adoptive mother; grandfather, paternal grandmother, maternal grandfather, grandmother; uncle, aunt, uncle and brother, sister and brother of the bailiff, of his wife or husband Bailiff; The nephew that Thua Phat plays is a grandfather, grandmother, uncle, uncle, aunt, uncle.
- Secondly, Violations against regulations on assurance of security and defense include: Violation of security and defense objectives; disclosing state secrets, spreading information, documents and items belonging to state secrets; violate the regulations on entering, leaving, and traveling in prohibited areas; protected areas, safety belts of security and defense works and military zones; violate regulations on protection of secrets, protection of security and defense works and military zones.
- Then violate private life, personal secrets; family secrets as prescribed in Article 38 of the Civil Code or violate social ethics.
- Confirming the contents and signing of contracts and transactions as prescribed by law within the scope of notarization and authentication activities; certify the accuracy; lawfulness and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages or from foreign languages into Vietnamese; confirm the signature, the copy is true to the original.
Related questions
The Attorney’s Office is the practice organization of the Attorney General. Currently, the organization and operation of the bailiff’s office is regulated in Decree No. 08/2020/ND-CP.
Article 26 of Decree 08/2020/ND-CP stipulating the conversion of the type of bailiff’s office is converted into the following types:
– Converting the type of operation from a private enterprise to a partnership company.
– Converting the type of operation from a partnership to a private enterprise.
In Article 6 of Decree 08/2020/ND-CP, conditions for appointment of bailiffs are as follows:
Be a Vietnamese citizen, permanently residing in Vietnam, age no more than 65, obey the Constitution and laws and have good morals.
Possess a bachelor’s / graduate degree in Law.
Working in law for 3 years or more after obtaining a law degree.
– Graduated from a training course on the profession of a bailiff at the Judicial Academy or recognized the equivalent of someone trained abroad or completed a training course on the profession of a bailiff.
– Satisfy the requirements in the exam to check the results of the bailiff’s probationary practice.
If you have the following documents, you will be exempted from the vocational training of a bailiff (according to Article 5 of Circular 05/2020/TT-BTP):
– Decision on appointment of judge, procurator, enforcer, investigator… together with papers proving that he has worked in these positions for 5 years or more…
Lawyer’s card, notary’s card with time of practicing law or notary for 5 years or more…
– Decision to appoint Professor, Associate Professor of Law, Doctor of Law degree…
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam or Bailiff real estate in Vietnam.
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