What is a bailiff? What is a bailiff office? Learn more: conditions for opening a bailiff office, documents and procedures for establishing a bailiff office.
What is a bailiff? What is a bailiff’s office?
Before learning in detail the conditions and procedures for establishing a bailiff office, fdiinvietnam.com will clarify with you the concepts of bailiff and bailiff office.
1. What is a bailiff?
According to Decree 08/2020/ND-CP, a bailiff is understood as a qualified person appointed by the state to undertake and carry out tasks according to the provisions of this Decree and relevant laws, including:
- Service (notification, delivery) of documents, records, papers;
- Make minutes at the request of individuals, organizations and agencies;
- Verifying conditions for civil enforcement;
- Organize the enforcement of civil decisions and judgments.
2. What is a bailiff’s office?
The bailiff office is an organization registered to practice bailiff and perform assigned tasks according to regulations.
Conditions for establishing a bailiff office
To establish a company or bailiff office, you need to base on the 4 criteria specified in Clause 1, Article 21 of Decree 08/2020/ND-CP on bailiffs that fdiinvietnam.com mentioned below:
| 4 criteria for establishing a bailiff office | |
| 1 | Socio-economic conditions of the district where the bailiff’s office is expected to have its headquarters. |
| 2 | Number of cases accepted by civil enforcement agencies and courts at district level. |
| 3 | Population density as well as people’s needs in the district area. |
|
4 |
Only establish a maximum of:
|
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In addition, the bailiff office also needs to meet other conditions such as conditions on naming, choosing the type of establishment, seal, etc. Specifically:
➤ Conditions on type of establishment
- Established by 1 bailiff: Established according to the private enterprise model;
- Established by 2 or more bailiffs: Established under the model of a partnership company.
➤ Conditions on legal representative
The legal representative of the bailiff’s office must be the head of the bailiff’s office – the person appointed by the state as a bailiff.
The appointed bailiff must meet the following conditions for appointment as a bailiff:
- Be a Vietnamese citizen, under 65 years old;
- Pass the test of the results of the bailiff internship;
- Have good moral qualities, comply with the Constitution and laws;
- Graduated from a training course, recognized as equivalent to training or completed a bailiff training course according to regulations;
- Have a university/postgraduate degree in law and at least 3 years of experience working in law at agencies and organizations after obtaining the degree.
➤ Conditions on the name of the bailiff office
- Consists of 2 components: the phrase “bailiff office” and the proper name;
- Proper names must comply with legal regulations:
- Not identical/confusing with the name of another bailiff office nationwide;
- Do not violate cultural traditions, history, ethics, and national customs.
➤ Conditions on seals
- It is mandatory to have a separate seal and this seal does not have the national emblem;
- Seals may only be engraved and used after the office has been granted a certificate of registration of operation.
➤ Other conditions
- The bailiff’s office must have its own headquarters and account;
- Operate on the principle of financial autonomy, implementing financial regimes according to regulations of the corresponding type of establishment.
Note:
The bailiff’s office must not:
- Open a facility, transaction location, representative office or branch outside the office headquarters;
- Carrying out production, business and service provision activities not within the scope of activities of bailiffs.
Procedures for establishing a bailiff office
The procedure for establishing a bailiff office is carried out in 3 steps:
Step 1: Develop a project to develop a bailiff office
Based on the four criteria for establishing a bailiff office mentioned above, the Department of Justice and other departments, branches and sectors will coordinate to develop a project to develop a bailiff office in the locality and submit it to the provincial People’s Committee for approval.
Step 2: Procedures for requesting to establish a bailiff office
Based on the approved development plan, the provincial People’s Committee issues a notice on the establishment of a bailiff office in the locality. Based on this notice, you proceed with the procedure to request the establishment of a bailiff office according to the following instructions:
➤ Choose the type of bailiff office establishment
As mentioned, currently, to open a bailiff office, you need to register to establish a business according to 1 of 2 models:
- Private enterprise model (in case the office is established by 1 bailiff);
- Partnership model (in case the office is established by 2 or more bailiffs).
➤ Prepare documents to establish a bailiff office
Details of the application file for establishing a company or bailiff office include:
- Application for establishment of bailiff office;
- Relevant qualifications of the head of the bailiff’s office;
- Description of organization, physical conditions, headquarters location, name, personnel and implementation plan;
- Decision to appoint bailiff (photocopy with original or notarized copy).
>> FREE DOWNLOAD: Application for establishment of bailiff office.
➤ Submit application to the Department of Justice
The Department of Justice where you request to establish a bailiff office is the agency that receives the application. You can send the application to the Department of Justice directly or via the VNPost postal service.
➤ Application processing procedure
| At the Department of Justice | Within 20 working days from the date of receipt of complete documents, the agency will:
|
| At the People’s Committee
provincial people |
Within 20 working days from the date of receipt of the application from the Department of Justice, the agency shall review and:
|
Step 3: Register for bailiff office activities (sub-license)
After completing the procedure for requesting to establish a bailiff office and receiving the decision to allow the establishment, within 30 days, you must carry out additional procedures for registration of operations so that the office can officially start operating legally.
➤ Contents of registration of bailiff office activities
The required contents when registering the operation of a bailiff office include:
- Full name of the chief bailiff’s office;
- Name and address of the bailiff’s office;
- List of bailiffs working under the regime and bailiffs in partnership (if any).
➤ Application for registration of bailiff office activities
Application for registration of bailiff office activities:
- Application for registration of bailiff office activities;
- Decision to allow the establishment of a bailiff office (notarized copy or photocopy with original);
- Proof of documents:
- The head of the bailiff office is also the legal representative of the bailiff office;
- Professional secretary meets the requirements according to legal regulations (if the bailiff office has a professional secretary);
- Have headquarters, separate accounts and seals in accordance with the provisions of law, operating on the principle of financial autonomy.
- Application for bailiff practice:
- Application for practice registration and issuance of bailiff card;
- Decision to appoint bailiff (notarized copy/photocopy with original);
- Portrait photo (2cm x 3cm) of bailiff – 1 photo.
>> FREE DOWNLOAD: Application form for registration of bailiff office activities.
Note:
The bailiff’s portrait must be dated no more than 6 months prior to the date of application.
➤ Place to receive documents
After completing the preparation of the application for registration of bailiff office activities, you submit the application to the Department of Justice.
➤ Application processing time
After 10 working days from the date of receipt of a complete and valid application, the Department of Justice will issue a certificate of registration of operation if the application is valid, and the bailiff office can then officially begin operating. Otherwise, the agency will send a written notice stating the reasons.
Frequently asked questions when establishing a bailiff office
1. Conditions for appointing bailiffs?
Conditions for appointment of bailiff include:
- Be a Vietnamese citizen, under 65 years old;
- Pass the test of the results of the bailiff internship;
- Have good moral qualities, comply with the Constitution and laws;
- Graduated from a training course, recognized as equivalent to training or completed a bailiff training course according to regulations;
- Have a university/postgraduate degree in law and at least 3 years of experience working in law at agencies and organizations after obtaining the degree.
2. What are the procedures for establishing a bailiff office?
Procedures for establishing a company or bailiff office include 3 steps:
- Step 1: Develop a project to develop a bailiff office;
- Step 2: Procedures for requesting the establishment of a bailiff office;
- Step 3: Register for bailiff office activities (sub-license).
3. What does the application for establishing a bailiff office include?
The application file to establish a bailiff office includes:
- Application for establishment of bailiff office;
- Relevant qualifications of the head of the bailiff’s office;
- Description of organization, physical conditions, headquarters location, name, personnel and implementation plan;
- Decision to appoint bailiff (photocopy with original or notarized copy).
>> FREE DOWNLOAD: Application for establishment of bailiff office.
4. What does the application for registration of bailiff office activities include?
Application for registration of bailiff office activities:
- Application for registration of bailiff office activities;
- Decision to allow the establishment of a bailiff office (notarized copy or photocopy with original);
- Proof of documents:
- The chief bailiff is also the legal representative of the office;
- Professional secretary meets the requirements according to legal regulations (if the bailiff office has a professional secretary);
- Have headquarters, separate accounts and seals in accordance with the provisions of law, operating on the principle of financial autonomy.
- Application for registration to practice as bailiff.
>> FREE DOWNLOAD: Application form for registration of bailiff office activities.
5. Application for registration to practice as a bailiff?
Application for bailiff practice:
- Application for practice registration and issuance of bailiff card;
- Decision to appoint bailiff (notarized copy/photocopy with original);
- 1 2x3cm portrait photo of the bailiff (taken no more than 6 months before the submission date).
>> FREE DOWNLOAD: Application form for practicing bailiff.
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