BAILIFF

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OUTLINE•Definitions•Qualifications•Responsibilities•Bailiff’s office•Examples

BAILIFF• Decree 61 was signed 5-7-1994• 5 chapters and 28 rules

DEFINITIONSA bailiff is a person appointed by the state government to carry out civil judgment from the court of justice, notify legal documents, draw up official statements and do other work under the provisions of the decree and relevant laws.

DEFINITIONSOfficial statements: Documents issued by bailiff where all the events and behaviors are taken note -> they can be used as evidence in the trials and in other legal relations.

DEFINITIONSNotifying legal documents: informing, transferring all the legal documents from the court of justice as well as the enforcement agency of civil judgment which are issued by the bailiff in accordance with the law.

(Article 2, chapter 1, decree 61)

Conditions• To be a Vietnamese citizen in good health

with good morals• Don’t have any previous convictions• Get a bachelor’s degree in law• Have at least 5- year working experience

in legal field or used to be a judge, prosecutor, lawyer, enforcement officers, notary, investigators from intermediate level or higher.

Conditions• Get a valid certificate in completing bailiff

vocational training organized by the Ministry of justice.

• Don’t work part-time job as notaries, lawyers or other work as prescribed by the law.

(Article 10, chapter 2, decree 61)

RESPONSIBILITIES- Notify legal documents on behalf of court

or judgment execution body.- Make official statements.- Vary the conditions for the execution of a

judgment- Execute judgments and court decisions

- Must not reveal information about work, unless permitted by law.

- Must not require any another benefits than the costs have been recorded in the contract.

- While executing duties, bailiffs must not do anything related to the rights and interests of themselves and relatives.

- Must not do anything which is prohibited by Law regulation.

RESPONSIBILITIES

BAILIFF’S OFFICE• Bailiff’s office: the place for bailiff’s practice• Conditions: 1. Head bailiff office are ensure all the activities, materials for

storage and convenient for customers; with others conditions necessary for operation.2. Organizational structure: The head office is bailiff- the legal representative of the bailiff’s office.b) The bailiff is a founding member c) Bailiff’s secretary . Secretary bailiff professional standards must be specified in Clauses 1, 2, 3and 6 of Article 10 of this Decree.d) The accountant;e) Other administrative staffs (if any).

BAILIFF’S OFFICE• Process for establishment

BAILIFF’S OFFICE• Handling violation committed by bailiff’s

office(depends):- Temporarily suspend operations for a period of 3

months to 12 months;- Suspension of operations and withdraw the decision to

allow the bailiff office.- Violation of the bailiff office can be committed as

administrative violations in accordance with the law on handling of administrative violations, if causing damage, pay compensation as prescribed by law.

Bailiff’s office• Competence to handle violations:- Director of the Department of Justice in Ho

Chi Minh city competent to handle violations of the forms prescribed at Point a, Clause 1 of this Article

- The chairman of the People's Committee of Ho Chi Minh City is entitled to handle violations in the form prescribed at Point b, Clause 1 of this Article

EXAMPLES•After marriage for a while, Tam and Phuc, bought the house as investment properties in district 7. One child is the result of their happy marriage•Three years later, they divorce, they brought each other to the court and receive the annoucement: Phuc- the husband, has the right to adopt the child. After the decision takes effect, Tam brought the child to other place.•Phuc ask a judgment enforcement department to force Tam bring the child back. The Department just accept this enforcement if he can provide the address of his wife. Failing to do that (because Tam often changes her address)•Phuc asks the bailiff’s office to help him

Question is…….

What is the role of Bailiff?

References• Decree 61, Vietnamese legal system• http://vanphongthuaphatlai.vn/?p=406•www.chinhphu.vn

Thanks For Your Attention