On January 08, 2020, the Government of Vietnam issued Decree 08/2020/ND-CP on the organization and activities of Bailiffs.
Illustrative image (source: internet)
According to Article 32 of Decree 08/2020/ND-CP, a Bailiff serves the following documents, records, and materials:
a) Documents, records, and materials from the courts, the People's Procuracy, and civil enforcement agencies;
b) Documents, records, and materials related to mutual legal assistance in civil matters from foreign competent authorities.
The Head of the Bailiff Office may assign professional clerks to serve documents, except in cases where the parties have agreed that the service must be performed by the Bailiff. Furthermore, the Bailiff Office is responsible to the requesting agency or organization for any inaccuracies, procedural errors, or timing errors in the service; and shall compensate for any damages (if any) as prescribed by law.
This Decree stipulates that the service is considered complete when the Bailiff has finished all procedures in accordance with the law. The Bailiff must notify the results of service or provide documents proving the completion of service to the courts, the People's Procuracy, civil enforcement agencies, or other requesting agencies, organizations within 2 working days from the completion date, unless otherwise agreed by the parties. Additionally, the service results must be recorded in the service log book, which is established according to the template issued by the Minister of Justice.
See the full text at Decree 08/2020/ND-CP effective from February 24, 2020.
Thu Ba
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | [email protected] |