Not practicing as a bailiff will be dismissed in Vietnam?
In Vietnam, does not practice as a bailiff be dismissed or not? In Vietnam, what documents are included in the application for re-appointment of a bailiff? Hello, I am currently working in a bailiff's office and am planning to become a bailiff. Could you please let me know if I am not practicing, will I be dismissed or not? Thanks for your advice, thank you.
<subquestion>In Vietnam, does not practice as a bailiff be dismissed or not?</subquestion>
In Clause 2, Article 13 of Decree 08/2020/ND-CP, there are provisions on discharge of bailiffs as follows:
2. A bailiff shall be relieved of duty in the following cases:
a) No longer meeting the criteria specified in Article 6 of this Decree, except for age standards;
b) Falling into one of the cases specified in Clauses 1 and 8, Article 11 of this Decree;
c) Failing to register and practice as bailiff within 01 year from the date of appointment;
d) Failure to practice as a bailiff continuously for 2 years or more;
dd) The maximum time limit for suspending the practice of bailiff specified in Clause 2, Article 12 of this Decree has expired, but the reason for the temporary suspension still exists;
e) Serious violation of the Code of Professional Ethics of the bailiff; be administratively sanctioned for the second time in the practice of bailiff but continue to violate;
g) Working as a bailiff but concurrently practicing notarial practice, lawyer, price appraisal, asset auction, asset management and liquidation;
h) Convicted by a legally effective judgment of the Court.
According to current regulations in Vietnam, in case you do not practice as a bailiff continuously for 02 years or more, you will be dismissed.
<subquestion>In Vietnam, what documents are included in the application for re-appointment of a bailiff?</subquestion>
In Clause 4, Article 14 of Decree 08/2020/ND-CP, there are regulations on the application for re-appointment of a bailiff as follows:
4. Competence and procedures for re-appointment of bailiffs shall comply with Article 10 of this Decree. Dossier for re-appointment includes:
a) An application for re-appointment of the bailiff, made according to the form prescribed by the Minister of Justice;
b) Judicial record cards are issued within 06 months from the date of application submission;
c) A certified true copy or a photocopy enclosed with the original Decision on dismissal of the bailiff for comparison;
d) A certified true copy or a photocopy enclosed with the original of papers proving the reason for dismissal is no longer available for comparison, except for the case specified in Clause 1 of this Article.
