BAILIFF
1. Trần Duy Khiêm
BAFNIU10298
2. Trần Thị Huyền Trang
BABAIU10174
3. Nguyễn Thị Thu Hương
BABAIU10027
4. Nguyễn Lâm Diễm Trang
BAIU09059
5. Mai Ngọc Ánh Minh
BABAIU10252
OUTLINE
• Definitions
• Qualifications
• Responsibilities
• Bailiff’s office
• Examples
BAILIFF
• Decree 61 was signed 5-7-1994
• 5 chapters and 28 rules
DEFINITIONS
A 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.
DEFINITIONS
Official 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.
DEFINITIONS
Notifying 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
RESPONSIBILITIES
- 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.
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
Send application
to Department
of Justice
• An application for establishment
• The scheme for establishing
• the Copy of bailiff’s appointed
decision
Wait for about
15 days to make
the decision
• Agree
• Refuse: announce by document
states clear the reason. The denied
person has the right to appeal
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?
Found
Tam’s place
• The Bailiff execute judgment
by explaining and motivating
her to bring back the child for
Phuc. If she insists on keeping
the child, enforce her, instead
of the court
Cannot
found
Tam’s place
• Act as middleman to make the
record for all things happened
• Make official statements and
notify all legal documents
• All records will be evidence for
the court judgment
References
• Decree 61, Vietnamese legal system
• http://vanphongthuaphatlai.vn/?p=406
• www.chinhphu.vn
Thanks For Your Attention