Attention Required: 08 Cases Where Bailiffs Cannot Be Appointed

the Government of Vietnam has unanimously issued Decree 08/2020/ND-CP regulating the organization and operation of the Bailiff.

Currently, anyone who meets all the standards under Article 6 of Decree 08/2020/ND-CP and submits a complete dossier, fees, and charges as per current regulations will be considered for appointment as a Bailiff. However, Article 11 of this Decree also emphasizes 08 cases where a Bailiff will not be appointed, as follows:

Cases of non-appointment of bailiffs, Decree 08/2020/ND-CP

Illustrative image (source: internet)

- Persons who have lost or have restricted civil act capacity; those with cognitive or behavioral control difficulties under the provisions of the Civil Code.- Persons who have been appointed as notaries, granted lawyer practice certificates, auctioneer or bankruptcy trustee practice certificates, or evaluator cards in terms of pricing but have not yet been dismissed, had their lawyer practice certificates, auctioneer or bankruptcy trustee practice certificates, or evaluator cards in terms of pricing revoked.- Persons currently serving as officials and public employees, officers, professional soldiers, workers, and public employees in agencies and units belonging to the People's Army, officers, non-commissioned officers, and soldiers in agencies and units belonging to the People's Police.- Persons currently facing criminal prosecution; those who have been convicted of crimes due to negligence, lesser intentional crimes that have not yet had their criminal records expunged; those convicted of crimes related to asset misappropriation, profiteering, fraud, deceit, violations of national security, serious crimes, very serious crimes, especially serious intentional crimes, regardless of whether their criminal records have been expunged.- Persons specified in Clause 3 of this Article who have been dismissed, disciplined in the form of dismissal, forced resignation, stripped of titles, or removed from the sector.- Persons disciplined by being removed from the list of lawyers of the Bar Association due to violations of the law or violations of the code of ethics for lawyers; those administratively sanctioned by being stripped of their lawyer practice certificates and have not yet completed the 03-year period from the date of completing the administrative sanction decision.- Persons administratively sanctioned by being stripped of their notary cards, evaluator cards in terms of pricing, auctioneer or bankruptcy trustee practice certificates, and have not yet completed the 03-year period from the date of completing the administrative sanction decision.- Persons currently applying administrative measures of compulsory detoxification or compulsory education at institutions.

See other regulations at Decree 08/2020/ND-CP effective from February 24, 2020.

Thu Ba

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