In addition to procedures such as confirmation of marital status; extracting birth certificate… the establishment of a degree is also of great interest to many people. Surely those who participated in the transactions of transfer of use rights had to go to the bailiff’s office to make a license. But what work must the bailiff do; Do they only have a job to make equals or not? What are the conditions to practice as a bailiff? LSX Lawfirm will give you an article about: “Conditions to practice as a bailiff in Vietnam”, as follows:
Legal grounds
Decree 08/2020/ND-CP
What’s bailiff?
So, a bailiff is a person who fully meets the criteria appointed by the State to serve, make a license, verify conditions for civil judgment enforcement, and organize civil judgment enforcement in accordance with this Decree and the law. relevant laws;
Then service means the notification, delivery and receipt of papers, dossiers and documents performed by the bailiff in accordance with the provisions of this Decree and relevant laws;
So, a diploma is a document recording real events or acts directly witnessed by a bailiff, and made at the request of an individual, agency or organization in accordance with this Decree.
Thus, bailiff is a title appointed by the State to perform two jobs. So, the first is to serve documents; This is the notification, delivery and receipt of papers, records, documents. And the second is the equalization. What is a degree, perhaps many individuals involved in transactions related to real estate already know. This is a written record of events made by the bailiff and directly witnessed.
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam or Bailiff real estate in Vietnam; Bailiff under Vietnamese law.
Scope of operation of the bailiff in Vietnam
The job of the bailiff is done
- Firstly to serve papers, dossiers and documents according to the provisions of this Decree and relevant laws.
- Secondly Prepare diplomas at the request of individuals, agencies and organizations in accordance with the provisions of this Decree.
- Thirdly Verify judgment execution conditions at the request of involved parties and persons with related interests and obligations in accordance with the provisions of this Decree and relevant laws.
- Finally organize the enforcement of court judgments and decisions at the request of the involved parties in accordance with this Decree and relevant laws.
Things that a bailiff must not do
- Disclose information about their job performance, unless otherwise provided for by law; using information about the bailiff’s activities to infringe upon the legitimate rights and interests of individuals, agencies and organizations.
- Claim any additional material benefits other than the costs already recognized in the contract.
- Concurrently practice notarial practice, lawyer, price appraisal, asset auction, asset management and liquidation.
- While performing their duties, the bailiff not allowed to do things related to the rights and interests of himself and his relatives, including: Wife, husband, biological and adopted children; biological father, biological mother, adoptive father, adoptive mother, grandfather, paternal grandmother, maternal grandfather, grandmother, uncle, uncle, aunt, uncle and brother, sister and brother of the bailiff, of his wife or husband Bailiff; The grandchild that Thua Phat plays is a grandfather, grandmother, uncle, uncle, aunt, uncle.
Criteria for Appointment of a bailiff
- Firstly Be a Vietnamese citizen not over 65 years old; permanently reside in Vietnam, abide by the Constitution and laws, have good moral qualities.
- Secondly Possess a bachelor’s or graduate degree in law.
- Thirdly Having worked in law for 3 years or more at agencies and organizations; after having obtained a bachelor’s degree or a graduate degree in law.
- Then Graduating from a training course, recognized as training equivalent; or complete a refresher course on the profession of a bailiff.
- Passing the test results of the probationary bailiff practice.
- Thus, appointed as a bailiff, you must first a Vietnamese citizen of working age; permanent residence in Vietnam. Thus, foreigners living in Vietnam will not appoint as bailiffs.
After considering personal conditions, it is necessary to pay attention to education and experience. To become a bailiff, you need to have a bachelor’s or graduate degree in law. After that, they must undergo a vocational training course as a bailiff; having worked in law at agencies and organizations for at least 3 years. Finally, you must score well in the Attorney General’s Apprenticeship Test.
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 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.
Related questions
According to the provisions of Decree 08/2020/ND-CP on organization and operation of bailiffs, the time to suspend the practice of bailiffs must not exceed 12 months.
The answer is no. According to the law, a bailiff who is being examined for penal liability will be issued a decision to suspend the practice of bailiff by the Department of Justice where the bailiff practices. Thus, the bailiff is only suspended for a period of time, but not completely suspended.
The answer is no. The law stipulates that people who have been appointed notaries, have been granted certificates of practice as lawyers, auctioneers, asset managers, or have been issued with price appraiser cards but have not dismissed notaries or revoked their certificates. practicing law, auctioneer, asset manager, price appraiser card shall not be appointed as a bailiff.
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