Authority and scope of work of bailiffs in Vietnam

A bailiff is a qualified person appointed by the State to serve, make a license, verify conditions for civil judgment enforcement, and organize civil judgment enforcement in accordance with law. So how is the authority and scope of work of the bailiff regulated by law? LSX Lawfirm will give you an article about: “Authority and scope of work of bailiffs in Vietnam”, as follows:

Legal grounds

– Decree 08/2020/ND-CP on organization and operation of bailiffs issued by the Government on January 8, 2020.

Authority and scope of work of bailiffs in Vietnam

According to the provisions of Chapter IV of Decree 08/2020/ND-CP on the organization and operation of the bailiff issued by the Government on January 8, 2020, the authority and scope of work of the bailiff include: : to serve, to make certificates, to verify conditions for civil judgment enforcement and to execute judgments and decisions at the request of involved parties.

Serve

According to Article 32, Article 33 of Decree 08/2020/ND-CP on organization and operation of bailiffs issued by the Government on January 8, 2020, the authority and scope of service of bailiffs are as follows: :

The bailiff shall serve the following papers, records and documents:

+ Papers, records and documents of the Court, People’s Procuracy, civil judgment enforcement agency;

• So, the bailiff serves papers, files and documents of the Court, the People’s Procuracy in the settlement of civil cases, administrative cases, civil matters in criminal cases and complaints and denunciations. report; serve papers, files and documents of civil judgment enforcement agencies in the province where the bailiff’s office is located under the service contract signed between the bailiff’s office and the court. court, the People’s Procuracy; and the civil judgment enforcement agency.
• In case of service outside the provincial-level area; or in an island or archipelago outside the district-level area where the bailiff’s office is located, the bailiff’s office may reach agreement with the court; the people’s procuracy, civil judgment enforcement agencies with separate contracts for each specific work.

+ Papers, records and documents related to mutual legal assistance in the civil domain of foreign competent authorities.

• The head of the bailiff’s office may assign a professional secretary to perform the service, unless the parties agree that the service must be performed by the bailiff.

• The bailiff’s office must take responsibility before the requesting agency or organization for its inaccurate, improper or improper service; compensate for damage (if any) according to the provisions of law.

Bailiff

So, according to Article 36 of Decree 08/2020/ND-CP on the organization and operation of bailiffs issued by the Government on January 8, 2020, the authority and scope of making a bail of bailiffs; legal validity The logic of vi is as follows:

A bailiff shall be 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.
• The diploma 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.

• During the process of assessing and considering the value of evidence of a criminal license; if necessary, the People’s Court or People’s Procuracy may summon the bailiff, other agencies, organizations and individuals to clarify the authenticity of vi equals. The bailiff, other agencies, organizations and individuals must be present when summoned by the Court or People’s Procuracy.

Verification of civil judgment execution conditions

According to Article 43, Article 44 of Decree 08/2020/ND-CP; on organization and operation of bailiffs issued by the Government on January 8, 2020; the competence and scope of verifying judgment execution conditions are as follows: after:

• The bailiff has the right to verify the conditions for judgment enforcement that the case falls under the enforcement competence of the civil judgment enforcement agencies in the provincial area where the bailiff’s office is located.

• When verifying the conditions for judgment enforcement; the bailiff has the right to verify outside the province-level area where the bailiff’s office is located.

The involved parties and persons with interests and obligations related to the judgment enforcement; have the right to reach an agreement with the Prosecutor’s Office; on the verification of the judgment debtor’s judgment execution conditions even in such cases. being directly organized by civil judgment enforcement agencies. The agreement on verification of judgment execution conditions between the petitioner; and the Attorney General’s Office is signed in the form of a service contract, including the following principal contents:

• Contents to be verified, specifying the request for verification of information on assets; income or judgment enforcement conditions of the judgment debtor;

• Time to perform verification;

• Rights and obligations of the parties;

• Verification costs;

• Other agreements (if any).

When reaching an agreement with the Attorney’s Office on verification of judgment execution conditions; the involved parties must provide court judgments and decisions and other relevant documents (if any); Persons with interests and obligations related to judgment enforcement must provide documents proving that the involved parties have interests and obligations directly related to the exercise of judgment enforcement rights and obligations.

Execution of judgments and decisions at the request of the involved parties

Firstly

Article 43, Article 44 of Decree 08/2020/ND-CP on organization and operation of bailiffs promulgated by the Government on January 8, 2020 stipulates that bailiffs are entitled to organize judgment enforcement upon request of the involved parties for the following judgments and decisions:

• Legally effective first-instance judgments and decisions of the People’s Courts of districts, towns, provincial cities; and the equivalent (hereinafter referred to as district-level People’s Courts); legally effective first-instance judgments and decisions of the People’s Court of the province where the Attorney General’s Office is located;
• The appellate judgment or decision of the People’s Court of the province; where the Attorney’s Office is located, for the first-instance judgment; or decision which has not yet taken legal effect of the People’s Court of the district; appellate judgments and decisions of the superior people’s courts; for first-instance judgments and decisions; which have not yet taken effect, of the provincial-level People’s Courts where the bailiff’s office is located;
• Decision on cassation or reopening trial of the Supreme People’s Court for legally effective judgments; or decisions of the district-level people’s courts or the provincial-level People’s Courts where the bailiff’s office is located. headquarters.

• The bailiff does not organize the execution of the part of the judgment; or decision that is in the category of heads of civil judgment enforcement agencies that actively issue judgment enforcement decisions.

Secondly

Article 52 of Decree 08/2020/ND-CP on organization and operation of bailiffs promulgated by the Government on January 8, 2020 stipulates that; when organizing judgment enforcement; bailiffs have the following duties and powers: the following deadlines:

• To promptly and correctly execute judgment enforcement decisions issued by heads of civil judgment enforcement agencies at the request of heads of the bailiff’s office; strictly apply the provisions of law on order and procedures for judgment enforcement; ensuring the interests of the State, the lawful rights and interests of the involved parties; and persons with related interests and obligations;
• So. inviting involved parties and persons with related interests and obligations to handle judgment enforcement;
• So, proposing heads of civil judgment enforcement agencies to consider amending; and supplementing the issued judgment enforcement decisions at the request of heads of the bailiff’s office;
• Verification of judgment debtors’ judgment execution conditions; to request relevant agencies; organizations and individuals to cooperate in providing information and documents to verify the address and assets of the judgment debtor.

Thirdly

When organizing judgment enforcement, bailiffs are not allowed to perform the following tasks and powers:

• So, apply measures to ensure judgment enforcement; measures to enforce judgments according to the provisions of the Law on Civil Judgment Execution;

• Using support tools while performing their official duties in accordance with the Law on Civil Judgment Execution;

• So, sanctions for administrative violations;

• So, request the Court to identify; divide and handle common property for judgment enforcement in accordance with the Law on Civil Judgment Execution;

• Request the Court to declare the transaction invalid in accordance with the Law on Civil Judgment Execution;
• So, the right to request the Court to determine; who has the right to own and use the seized assets and papers; determining the right to own and use property for judgment enforcement, and to settle property disputes; request cancellation of documents, transactions related to the property; settle disputes over asset auction results in accordance with the Law on Civil Judgment Execution.

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