In addition to procedures that are of great interest to many people, such as confirming marital status; extract birth certificate; … then the procedure for making a license is probably familiar to those who specialize in “trading” in real estate. The issuance of warrants is carried out at the bailiff’s offices. Surely many people will wonder how the Attorney General’s Office was established. So, what is the procedure for setting up a bailiff’s office? LSX Lawfirm will give you an article about: “Procedures for setting up a bailiff’s office in Vietnam”, as follows:
Legal grounds
Decree 08/2020/ND-CP
What is the Attorney General’s Office?
A bailiff’s office is a practice organization of a bailiff to perform assigned tasks in accordance with this Decree and relevant laws.
So, the bailiff’s office was established by 01 bailiff; then organized as a private enterprise. The bailiff’s office established by 02 or more bailiffs organized in the form of a partnership company.
Then the professional secretary helps the bailiff perform legal operations according to regulations. Professional secretaries of bailiffs must have the prescribed standards, must have an intermediate degree in law or higher and do not fall into one of the cases specified in Article 11 of this Decree.
So, the financial regime of the bailiff’s office shall comply with the financial regime of the respective type of enterprise as prescribed by law.
So, the bailiff’s office may not open a branch, representative office, establishment or transaction location outside the head office of the bailiff’s office; must not carry out production, business or service activities outside the scope of operations of the bailiff according to the provisions of this Decree.
Establishment of the Attorney General’s Office
Foundation of establishment
The establishment of a bailiff’s office must be based on the following criteria:
Socio-economic conditions of the district-level area; where the Office of the Attorney General expected established;
Number of cases accepted by the Court; the civil judgment enforcement agency in the district-level area where the office of bailiff expected to be established.
Population density; and the needs of people in the district-level area where the Office of the Attorney General expected established.
Not more than 02 bailiff’s offices in 01 district-level administrative unit which is a district, a city of a province or a town; no more than 01 bailiff’s office in 01 district administrative unit.
Based on the criteria specified above, the Department of Justice coordinates with other departments, agencies and sectors; develop a project to develop the local bailiff’s office and submit it to the provincial-level People’s Committee for approval.
Pursuant to the approved Development Plan of the Attorney General’s Office; Provincial-level People’s Committees shall issue notices on the establishment of local bailiffs’ offices.
Procedures for setting up an office in Vietnam
Step 1: Submit your application
So, on the basis of the above notice of the People’s Committee of the province, the bailiff wishes to establish a bailiff’s office to pay directly; or send through the postal system 01 set of application for the establishment of a bailiff’s office; to the Department of Justice where the application for the establishment of the Attorney General’s Office proposed. Records include:
So, an application form for the establishment of a bailiff’s office; made according to the form prescribed by the Minister of Justice;
A description of the organization, name, personnel, location of the head office, physical conditions and implementation plan;
A certified true copy or a photocopy enclosed with the original Decision on appointment; or re-appointment of the bailiff for comparison.
Step 2: Review the profile
Within 20 days after receiving a complete and valid dossier, the Department of Justice shall submit it to the provincial-level People’s Committee for consideration; and decision to allow the establishment of a bailiff’s office; In case of refusal, it must be notified in writing, clearly stating the reasons therefor.
Step 3: Get the result
So, within 20 days after receiving the dossier submitted to the Department of Justice; the People’s Committee of the province shall consider and decide to allow the establishment of a bailiff’s office; In case of refusal, a written notice given clearly stating the reason.
So the bailiff who requests the establishment of a bailiff’s office must pay a fee for assessing the conditions for establishment; operate the bailiff’s office in accordance with the law on fees and charges.
Register for the operation of the Attorney General’s Office
So, within 30 days from the date of receipt of the Decision on permitting the establishment; the bailiff’s office must register its operation at the Department of Justice where it permitted to establish.
So, the Attorney General’s Office pays directly; or then send through the postal system 01 set of operation registration documents to the Department of Justice. Then a dossier includes: An operation registration application according to the form prescribed by the Minister of Justice; A certified copy; or a photocopy enclosed with the original of the Decision permitting the establishment of the Attorney General’s Office for comparison; documents proving the satisfaction of the prescribed conditions and the practice registration dossier of the bailiff
Then within 10 days from the date of receipt of complete and valid dossiers, the Department of Justice shall grant an operation registration certificate to the bailiff’s office; In case of refusal, it must be notified in writing, clearly stating the reasons therefor.
The bailiff’s office may operate from the date the Department of Justice issues the operation registration certificate.
Related questions
Contents of registration for operation of the bailiff’s office include: name and head office address of the bailiff’s office; full name of Head of Attorney’s Office; list of general bailiffs and list of bailiffs working under the labor contract regime (if any) of the Attorney General’s Office.
The name of the Attorney General’s Office must include the phrase “The Attorney General’s Office” and the following proper division. The naming and affixing of signs must comply with the provisions of law, must not coincide or cause confusion with the name of other Attorney’s Office nationwide, and must not violate historical and cultural communication. , morality and fine customs of the nation.
After registering the operation of the Attorney General’s Office, do I need to carry out notification procedures
Within 07 working days from the date of granting the operation registration certificate to the prosecutor’s office, the Department of Justice must notify in writing the operation registration information to the Civil Judgment Execution Department or the People’s Court. Provincial People’s Committee, Provincial People’s Procuracy, Tax Office, Statistics Office, Public Security Agency, Civil Judgment Execution Sub-Department, People’s Court, People’s Procuracy, People’s Committee district, commune-level People’s Committee where the Attorney General’s Office is located, the Ministry of Justice and posted on the website of the Department of Justice.
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; Conditions to practice as a bailiff in Vietnam or Buy land and make a certificate of notarization in Vietnam.
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