Chương I Nghị định 08/2020/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes bailiff, practicing organizations of bailiff; entitlement, scope, and procedures for conducting work of bailiff; control of operation of bailiff; settlement of resolution, accusations, disputes, and state management in bailiff.

Article 2. Definition

In this Decree, terms below are construed as follows:

1. “bailiff” refers to a qualified individual assigned by the Government to serve, produce bailiff’s reports, verify conditions for enforcement of civil judgments, organize enforcement of civil judgments in accordance with this Decree and relevant law provisions;

2. “service” refers to a bailiff’s act of notifying, delivering, and receiving documents in accordance with this Decree and relevant law provisions;

3. “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of this Decree.

Article 3. Permissible tasks of bailiffs

1. Serving documents in accordance with this Decree and relevant law provisions.

2. Producing bailiff’s reports at request of individuals, agencies, and organizations in accordance with this Decree.

3. Verifying conditions for judgment enforcement at request of litigants and persons with relevant benefits, obligations in accordance with this Decree and relevant law provisions.

4. Organizing implementation of judgments, decisions of the court at request of litigants in accordance with this Decree and relevant law provisions.

Article 4. Prohibited tasks of bailiffs

1. Disclosing information on their work, unless otherwise regulated by the laws; using information on operation of bailiffs in order to infringe legal rights and benefits of individuals, agencies, and organizations.

2. Demanding tangible benefits other than fees recorded in contracts.

3. Conducting notary, lawyer, valuation, property auction, property management and liquidation work on a part-time basis.

4. Accepting tasks relating to their rights and benefits or their relatives’ rights and benefits, including: Spouses, biological children, adopted children; biological parents, biological siblings, grandparents, aunts, or uncles of bailiffs or bailiff’s spouses; biological nieces or nephews of bailiffs.

5. Other prohibited tasks as per the law.

Article 5. Cooperation of individuals, agencies, and organizations with bailiffs and bailiff offices

1. Within their task, powers, and obligations, individuals, agencies, and organizations shall cooperate with bailiffs and bailiff offices in carrying out tasks of bailiffs in accordance with this Decree and relevant law provisions; shall not disclose information on the carrying out of bailiff’s tasks, unless otherwise regulated by the law.

2. Any and all illegal obstruction or intervention in operation of bailiffs and bailiff offices, illegal refusal of bailiff’s demands or disclosure of information on tasks of bailiffs shall be met with legal actions and damages (if any) as per the law.