Chương IV Nghị định 08/2020/NĐ-CP: Thẩm quyền, phạm vi, thủ tục thực hiện công việc của thừa phát lại

Chapter IV

ENTITLEMENT, SCOPE, AND PROCEDURES FOR WORK OF BAILIFF

Section 1. SERVING

Article 32. Entitlement and scope of serving of bailiff

1. Bailiffs shall serve the following documents:

a) Documents of the court, People’s Procuracies, and civil judgment enforcement authorities;

b) Documents relating to judicial assistance in civil matters of foreign competent authorities.

2. Directors of bailiff offices may assign professional secretaries to serve, unless otherwise agreed that the serving must be done by the bailiffs.

3. Bailiff offices are responsible to solicitors for inadequate and untimely serving and must pay damages as per the law.

Article 33. Serving documents of the court, People’s Procuracies, and civil judgment enforcement authorities

1. Bailiffs shall serve documents of the courts, People’s Procuracies for civil cases and matters, administrative cases, civil matters in criminal cases and accusations, complaints; serve documents of provincial civil judgment enforcement where bailiff offices are located as per service of process agreements signed by bailiff offices and the courts, People’s Procuracies, and civil judgment enforcement authorities.

If bailiffs serve beyond the province or in islands, archipelagoes outside of districts where bailiff offices are located, bailiffs may reach an agreement with the courts, People’s Procuracies, and civil judgment enforcement authorities via case-by-case contracts.

2. Procedures for serving documents of the courts and People’s Procuracies shall conform to regulations and law on proceeding; procedures for serving documents of civil judgment enforcement authorities shall conform to regulations and law on civil judgment enforcement.

3. Service of legal process agreements shall be implemented in a manner where the courts, People's Procuracies, and civil judgment enforcement authorities transfer documents to be served to bailiff offices.

Documents to be served include: Notice, summon, decision on hearing the case, judgment, decision, decision on appeal of the court; notice, decision on appeal of People’s Procuracies; decision on judgment enforcement, notice, summon of civil judgment enforcement authorities. If necessary, bailiffs can serve other documents at request of the courts, People’s Procuracies, and civil judgment enforcement authorities.

Quantity and types of documents handed to bailiffs for serving shall be recorded in writing and confirmed by the 2 parties.

4. Service of legal process agreements primarily contain: Type of documents to be served; duration of the contract; serving procedures; rights and obligations of the parties; serving costs.

Once service of legal process agreement is signed, the agreement shall be sent to the State Treasury where the court, People’s Procuracy, civil judgment enforcement authority opens the account in order to allow the State Treasury to supervise the payment of service fee to bailiff office.

5. Each court, People’s Procuracy, and civil judgment enforcement authority may enter into service of legal process agreement with one or many bailiff offices.

Article 34. Service of documents relating to judicial assistance in civil matters of foreign competent authorities

1. Ministry of Justice shall choose one or many bailiff offices to serve documents relating to judicial assistance in civil matters of foreign competent authorities.

2. Bailiff offices shall serve documents relating to judicial assistance in civil matters of competent authorities on a nationwide scale.

3. Minister of Justice shall elaborate the service mentioned under Clause 1 and Clause 2 of this Article and other relevant details.

Article 35. Return of service

1. A service of documents is considered complete when the bailiff responsible has fulfilled all procedures as per the law.

2. The bailiff must notify the service results or present proof of service to the court, People’s Procuracy, civil judgment enforcement authority, and other solicitors in 2 working days from the date on which the service is affected unless otherwise agreed upon by the parties.

Service results must be recorded in service logbook produced using form regulated by the Minister of Justice.

Section 2. PRODUCING BAILIFF'S REPORTS

Article 36. Entitlement to produce bailiff’s report, scope and legitimacy of bailiff's report

1. Bailiffs shall produce report to record actual state of affairs at request of agencies, organizations, and individuals in Vietnam, except for cases under Article 37 hereof.

2. Bailiff's reports do not replace other notary documents, certifying documents, or other administrative documents.

3. Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law.

4. If evidential value of bailiff’s reports are reviewed and deemed necessary during assessment, People’s Court and/or People’s Procuracy can summon bailiffs, other agencies, organizations, and individuals to verify the bailiff’s reports. Summoned bailiffs, other agencies, organizations, and individuals must present at the summoning courts, People’s Procuracies.

Article 37. Cases in which bailiff’s reports are not produced

1. Cases mentioned under Clause 4 Article 4 hereof.

2. Violation of regulations on national security and defense, including: Violating national security and defense targets; disclosing classified information, spreading news, materials, items considered classified items; violating regulations on entering, exiting, or moving in restricted areas, protected areas, safety perimeters of national defense and security structures, and military zones; violating regulations on protecting classified information, national defense and security structures and military zones.

3. Violation of private lives, personal secrets, family secrets according to Article 38 of the Civil Code; contradiction to social morals.

4. Verification of details, signing in contracts or transactions which belong to notary or certification field as regulated by the law; verification of adequacy, legitimacy, adherence to social morals of documents translated from Vietnamese to foreign languages and vice versa; verification of signatures, certification of copies from original copies.

5. Acknowledgement of events, affairs in order to transfer use right, ownership of land and/or assets that lack certificate of use right, ownership as per the law.

6. Acknowledgement of events, affairs in order to conduct illegal transactions of solicitors.

7. Acknowledgement of events, affairs of officials, public officials, commissioned officers, non-commissioned officers, employees, public employees in agencies, entities affiliated to the People’s Army, commissioned officers, non-commissioned officers in agencies, entities affiliated to the People’s Public Security in the performance of their duty.

8. Acknowledgement of events, affairs without witnessing said events, affairs personally.

9. Other cases according to regulations and law.

Article 38. Agreement on production of bailiff’s report

1. An individual requesting a bailiff's report to be produced must enter into a written agreement with the director of bailiff office which covers:

a) Details of bailiff’s report;

b) Location and time of producing bailiff’s report;

c) Cost for producing bailiff’s report;

d) Other agreements (if any).

2. The agreement on producing bailiff’s report must be made into 2 copies each of which will be held by a party.

Article 39. Procedures for producing bailiff’s report

1. A bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful. If necessary, a bailiff has the right to invite a witness to attest to the production of bailiff’s report.

The solicitor must adequately provide information and documents relating to the production of bailiff's report (if any) and be responsible for accuracy and legitimacy of provided information and documents.

When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff's report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.

2. Bailiff’s report must be signed by the bailiff separately in each page, bear bailiff office’s seal, and recorded in bailiff’s report log produced using form regulated by Minister of Justice.

3. Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents.

4. Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.

Departments of Justice shall develop database on bailiff’s report; register and manage database on bailiff’s report according to guidance of Ministry of Justice.

Article 40. Format and basic details of bailiff’s report

1. Bailiff’s report shall be made in Vietnamese language and contain the following basic details:

a) Name and address of bailiff office; full name of bailiff who produces bailiff’s report;

b) Location and time of producing bailiff’s report;

c) Full name and address of individual soliciting bailiff’s report;

d) Full name of other participants (if any);

dd) Details of bailiff’s report solicitation; details of recorded events, affairs;

e) Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report;

g) Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so).

Bailiff’s reports that have 2 or more pages must be numbered individually and bear adjoining seals; number of original copies of each bailiff's report shall be agreed upon by the parties.

2. Bailiff’s reports can be accompanied by documentary evidence; documentary evidence produced by bailiffs must conform to entitlement and scope mentioned under Clause 1 Article 36 hereof.

3. Minister of Justice shall elaborate bailiff’s report form.

Article 41. Technical correction to bailiff’s report

1. In case technical errors occur while recording, typing, or printing bailiff’s report but do not affect accuracy of events, affairs for which the bailiff’s report is produced, the bailiff is responsible for correcting the error. Technical corrections to bailiff’s report shall be made at the bailiff office that produces the bailiff.

2. Bailiff who corrects technical errors is responsible for checking the error, underlining the error, writing the corrections on the side together with his/her signatures, and applying seal of the bailiff office.

3. If bailiff’s report has been sent to solicitor and Department of Justice, bailiff office must send corrected bailiff’s report to the solicitor and Department of Justice.

Article 42. Issuance of bailiff's report copies

1. Copies of bailiff’s reports whose original copies are kept by bailiff office shall be issued:

a) At written request of competent authorities regarding provision of bailiff’s documents to serve supervision, examination, inspection, investigation, prosecution, and judgment enforcement in matters of which bailiff report is produced; or

b) At request of persons requesting bailiff’s report, and persons with rights and obligations related to the produced bailiff's report.

2. Persons requesting copies of bailiff’s report mentioned under Point b Clause 1 of this Article must incur a fee of 5000 VND per page for the first 2 pages and 3000 VND for subsequent pages.

Section 3. VERIFYING CONDITIONS FOR CIVIL JUDGMENT ENFORCEMENT

Article 43. Entitlement and area for verifying conditions for judgment enforcement

1. Bailiffs have the right to verify conditions for judgment enforcement if the case is within competence of provincial civil judgment enforcement authorities where the bailiff office is located.

2. When verifying conditions for judgment enforcement, bailiff has the right to do so beyond the province where the bailiff office is located.

Article 44. Agreements on verification of conditions for judgment enforcement

1. Litigants and persons with rights and obligations related to judgment enforcement have the right to enter into an agreement with bailiff office in order to verify conditions for judgment enforcement of judgment debtors even when the case is being organized by a civil judgment enforcement authority.

2. An agreement on verification of conditions for judgment enforcement between solicitor and bailiff office shall be signed as a service contract which covers:

a) Details to be verified, which specify request for verifying assets, income, or conditions for judgment enforcement of judgment debtors;

b) Time for verification;

c) Rights and obligations of the parties;

d) Costs for verification;

dd) Other agreements (if any).

3. When reaching an agreement with bailiff office regarding verification of conditions for judgment enforcement, the litigant must provide judgment, decision of the court, and other relevant documents (if any); persons with rights and obligations related to judgment enforcement must provide documents proving rights, obligations related to the execution of rights and obligations to enforce judgment of the litigants.

Article 45. Procedures for verifying conditions for judgment enforcement

1. Within 3 working days from the date on which service agreement is signed, director of bailiff office must issue decision verifying conditions for judgment enforcement, unless otherwise agreed upon by the parties. Decision on verification must specify the basis, verification details, and be written in the log of verification of judgment enforcement conditions using form regulated by Minister of Justice.

Decision on verification must be sent to the People’s Procuracy of district where the bailiff office is located and civil judgment enforcement authority entitled to enforce judgment as per civil judgment enforcement laws.

2. Verification of conditions for judgment enforcement shall be carried out in person or via documents requesting agencies, organizations, and individuals to provide information.

3. In case of verification in person, bailiff shall present letter of introduction of bailiff office, bailiff card, and relevant documents according to Point a Clause 4 of this Article, present decision on verification or decision on judgment enforcement if the bailiff office organizes judgment enforcement, and record the verification process. The record must bear signature of the bailiff, information providers, and confirmation of agencies, organizations, and individuals that provide information. If provision of information cannot be carried out immediately, state the reason in the record. The record shall be made into 2 copies; each party shall keep 1 copy.

If necessary, bailiff has the right to invite specialized authorities or experts to help with verification details.

4. In case of verification in form of documents, the documents requesting information must contain:

a) The basis for requesting information, including: Name of legally effective judgment, decision; Decision on verification, copies of written agreement on verification of conditions for judgment enforcement; Decision on judgment enforcement if the bailiff office organizes judgment enforcement;

b) Information on judgment debtors, including: Name and head office address of organization judgment debtors; full name and residence address of individual judgment debtors, and other necessary information;

c) Requested information within competence of bailiff according to this Decree;

d) Time and deadline for information provision;

dd) Other relevant information.

Documents requesting information and relevant documents shall be sent to agencies, organizations, and individuals to request information and People’s Procuracy of district where the bailiff office is based in. If verification takes place outside of province where the bailiff office is located, the bailiff must also send to People’s Procuracy of district where the verification occur.

5. Other regulations in civil judgment enforcement also apply to verification of conditions for judgment enforcement of bailiff.

Article 46. Withholding of information

1. Agencies, organizations, and individuals have the right to withhold information when:

a) The case is not within the bailiff’s competence to verify;

b) Agencies, organizations, and individuals whose information is requested do not have obligations to enforce judgment under bailiff’s competence to verify;

c) Written request for information does not contain sufficient documents in accordance with Article 45 hereof;

d) Requested information, documents are considered classified information in accordance with relevant law provisions.

2. Agencies, organizations, and individuals that choose to withhold information must respond and state reason in writing.

Article 47. Confidentiality of information verifying conditions for judgment enforcement

1. Information verifying conditions for judgment enforcement shall only be used for enforcement of judgment, legally effective decisions and be treated as confidential information as per the law.

2. Bailiffs, bailiff offices, solicitors, relevant agencies, organizations, and individuals are responsible for ensuring confidentiality of provided information.

3. Agencies, organizations, and individuals committing violations under Clause 1 and Clause 2 of this Article shall be met with administrative penalties or criminal prosecution, mandated compensation (if any) as per the law depending on nature and severity of the violations.

Article 48. Use of verification results of conditions for judgment enforcement

1. Judgment creditors, persons with relevant rights and obligations have the right to use verification results of conditions for judgment enforcement of bailiffs to demand judgment enforcement or protect legal rights. Civil judgment enforcement authorities and bailiff offices entitled to enforce judgment shall rely on verification results to organize judgment enforcement.

2. If there are grounds indicating that verification results are not objective or accurate, civil judgment enforcement authorities and bailiff office have the right to not use the results as long as they respond and state the reason in writing.

Article 49. Entrusting verification of conditions for judgment enforcement

1. Bailiff office can entrust tasks under service agreement for verification of conditions for judgment enforcement to another bailiff office in part or in whole only if the solicitor agrees.

2. The entrusting between bailiff offices must be recorded in writing and cover: Information on bailiff offices; information on persons requesting verification, verified details as per signed service agreement; entrusting details, implemented details (if any), verified details, entrusting fees, and other agreements (if any).

People’s Procuracies of districts where the entrusting bailiff office and entrusted bailiff office are located must be notified of the entrusting in writing as per the law.

3. Entrusted bailiff office shall carry out verification in accordance with this Decree and civil judgment enforcement laws.

Article 50. Cooperation of relevant agencies, organizations, and individuals in verifying conditions for judgment enforcement

1. Legal - civil status, cadastral - construction - urban and environment officials, other commune-level public officials, social insurance authorities, credit institutions, land registration authorities, secured transaction registration authority, notary organizations, and other individuals, organizations, agencies holding information or managing assets, accounts of judgment debtors shall cooperate and assist bailiffs in verifying conditions for judgment enforcement; providing information on conditions for judgment enforcement of judgment debtors and be responsible for provided information.

2. Agencies, organizations, and individuals holding information or managing assets, accounts of judgment debtors shall sign the record when bailiffs verify in person or provide information in writing at request of bailiffs within 5 working days from the date on which they receive the request, or provide written response and state reason in case of rejection.

Documents providing information must cover: Date of information provision; provided information within competence of bailiffs according to this Decree.

3. If organizations, agencies, or individuals provide false information regarding conditions for judgment enforcement of judgment debtors, they must be legally responsible, settle all incurred costs, and pay damages (if any) as per the law.

Section 4. ENFORCEMENT OF JUDGMENTS, DECISIONS AT REQUEST OF LITIGANT

Article 51. Entitlement to organize judgment enforcement of bailiff

1. Bailiffs have the right to organize judgment enforcement at request of litigants for the following judgments, decisions:

a) First-instance judgments, decisions that have entered into effect of People’s Courts of districts, district-level towns and equivalent (hereinafter referred to as “district-level People’s Courts”); first-instance judgments, decisions that have entered into effect of provincial People’s Courts where bailiff offices are located;

b) Appellate judgments, decisions of provincial People’s Courts where bailiff offices are located for first-instance judgments, decisions that have not entered into effect of district-level People’s Courts; appellate judgments, decisions of High-level People's Courts for first-instance judgments, decisions that have not entered into effect of provincial People’s Courts where bailiff offices are located;

c) Decision on cassation, retrial of the High-level People's Courts for judgments, decisions that have entered into effect of district-level People’s Courts, provincial People’s Courts where bailiff offices are located.

2. Bailiffs shall not organize enforcement of judgments, decisions which are under the authority of directors of civil judgment enforcement authorities in accordance with Clause 2 Article 346 of the Law on Civil Judgment Enforcement.

Article 52. Tasks and powers to organize judgment enforcement of bailiffs

1. When organizing judgment enforcement, bailiffs have the tasks and powers to:

a) Promptly and adequately implement decisions on judgment enforcement promulgated by directors of civil judgment enforcement authorities at request of directors of bailiff offices; adequately adopt regulations on procedures enforcing judgments, ensuring state benefits, legal rights and benefits of litigants and persons with relevant rights, obligations;

b) Invite litigants and persons with relevant rights and obligations to resolve judgment enforcement;

c) Request heads of civil judgment enforcement authority to consider and amend promulgated decision on judgment enforcement at request of directors of bailiff offices;

d) Verify conditions for judgment enforcement of judgment debtors; request relevant agencies, organizations, and individuals to cooperate in providing information and documents in order to verify address and assets of judgment debtors.

2. When organizing judgment enforcement, bailiffs are not allowed to:

a) Adopt judgment security interests and coercive judgment enforcement in accordance with Article 61, Article 71, and Article 72 of the Law on Civil Judgment Enforcement;

b) Use combat gears while performing duty in accordance with Clause 9 Article 20 of the Law on Civil Judgment Enforcement;

c) Impose administrative penalties;

d) Request the Court to determine, classify, and handle common property for judgment enforcement in accordance with Article 74 of the Law on Civil Judgment Enforcement;

dd) Request the court to declare void transactions in accordance with Clause 2 Article 75 of the Law on Civil Judgment Enforcement;

e) Request the court to identify persons with ownership, the right to use assets, documents; determine ownership, the right to use assets to enforce judgments, settle asset disputes; dispose papers, transactions relating to assets; settle disputes regarding asset auction results in accordance with Clause 4 Article 68, Clause 3 Article 69 and Clause 2 Article 102 of the Law on Civil Judgment Enforcement.

Article 53. The right to request judgment enforcement

1. Given the same request and at the same time, a solicitor only has the right to request one bailiff office or one civil judgment enforcement to organize judgment enforcement.

2. If a judgment creditor benefits from multiple clauses in the same judgment or decision enforced by a person with obligations, a judgment creditor only has the right to request a civil judgment enforcement authority or a bailiff office to organize implementation at any given time. If clauses are implemented by multiple people with obligations, the judgment creditor has the right to request civil judgment enforcement authority, bailiff office to implement each clause separately.

If some judgment creditors request a civil judgment enforcement authority to organize implementation of the same judgment or decision and some judgment creditors request a bailiff office to organize implementation of that same judgment or decision, the civil judgment enforcement authority and bailiff office shall cooperate in implementation.

3. Time limit and procedures for requesting judgment enforcement shall conform to regulations and law on civil judgment enforcement.

Article 54. Agreement on organizing judgment enforcement

1. Agreement on organizing judgment enforcement between persons requesting judgment enforcement and bailiff offices shall be expressed as service contracts which contain:

a) Date of judgment enforcement request;

b) Clauses requested for implementation together with the judgment, decision;

c) Responsibilities of bailiff offices in implementation of request for judgment enforcement as entrusted;

d) Costs and payment methods;

dd) Other agreements (if any).

The contract shall be made into 2 copies, each of which is kept by a party.

2. After signing the contract, bailiff office must log in the judgment enforcement record prepared using form regulated by Minister of Justice.

Article 55. Decision on judgment enforcement

1. Within 5 working days from the date on which the service contract is signed, director of bailiff office shall request director of Sub-department of Civil Judgment Enforcement or director of Department of Civil Judgment Enforcement where the bailiff office is based in writing to issue decision on judgment enforcement based on the service contract and entitlement to enforce judgments under Article 35 of the Law on Civil Judgment Enforcement. The written request must be accompanied by the request for judgment enforcement as entrusted, the enforced judgment, decision according to the Law on Civil Judgment Enforcement, and relevant documents.

2. Within 5 working days from the date on which written request of director of bailiff office is received, director of civil judgment enforcement authority must review and issue decision on judgment enforcement; or provide written response and state reason in case of rejection.

3. Decision on judgment enforcement shall contain:

a) Full name and title of the person issuing the decision;

b) Date of issue, name of agency or organization that issues the decision;

c) Name and address of judgment creditor(s);

d) Name and address of judgment debtor(s);

dd) Name and address of bailiff office that organizes judgment enforcement;

e) Tasks carried out by bailiff in order to organize judgment enforcement;

g) Time limit for voluntary compliance of judgment debtor(s).

Decision on judgment enforcement must be logged in the judgment enforcement record which uses form regulated by Ministry of Justice.

4. Tasks carried out by bailiff in order to organize judgment enforcement in accordance with Point e Clause 3 of this Article include:

a) Verifying conditions for judgment enforcement;

b) Organizing judgment enforcement;

c) Reaching an agreement on judgment enforcement;

d) Paying judgment enforcement fee.

5. Within 2 working days from the date on which decision on judgment enforcement of director civil judgment enforcement authority is received, the bailiff office that requested shall send the decision on judgment enforcement to judgment debtors and creditors, district-level People’s Procuracy (if the case is within competence of district-level judgment enforcement authority) or provincial People’s Procuracy (if the case is within competence of provincial judgment enforcement authority) where the bailiff office is based in.

6. Heads of civil judgment enforcement authority are legally responsible to litigants and persons with relevant rights and benefits for their decision to issue or not issue decision on judgment enforcement at request of director of bailiff office.

The bailiff is legally responsible to litigants and persons with relevant rights and benefits for requesting issuance of decision on judgment enforcement and organizing implementation of decision on judgment enforcement of director of civil judgment enforcement authority.

7. Decision on judgment enforcement issued at request of bailiff office is not under civil judgment enforcement authority’s competence to accept and organize implementation.

Article 56. General judgment enforcement procedures of bailiff

1. Bailiff shall adopt judgment enforcement procedures in accordance with this Decree and civil judgment enforcement laws.

2. Handle situations in which a case is transferred from a civil judgment enforcement authority to a bailiff office and vice versa:

a) Regarding cases that were organized for implementation by civil judgment enforcement authorities after which point the litigants request suspension of judgment enforcement in order to allow bailiff offices to organize implementation, the litigants do not have the right to request civil judgment enforcement authorities to continue implementation of clauses that have been suspended by decisions of judgment enforcement authorities;

b) Regarding cases that were organized for implementation by bailiff offices after which point the litigants request suspension of judgment enforcement and terminate contracts signed with bailiff offices, judgment creditors can request civil judgment enforcement authorities and other competent bailiff offices to organize further implementation, except for cases mentioned under Point a of this Clause;

c) New request for judgment enforcement of the litigants must specify previous enforcement results, request for further enforcement, and information and documents related to the request. Legitimate procedures and implementation results of previous judgment shall remain legitimate, usable, be acknowledged, and used as the prelude to further judgment enforcement.

Article 57. Termination of judgment enforcement of bailiff

Bailiffs shall terminate judgment enforcement and notify the termination to Sub-departments of Civil Judgment Enforcement or Departments of Civil Judgment Enforcement which previously issued decision on judgment enforcement when:

1. The enforcement naturally ends according to civil judgment enforcement laws;

2. The termination occurs according to agreement between bailiffs and the litigants, unless the termination affects rights and benefits of a third party;

3. Security interests or coercive judgment enforcement is required according to the Law on Civil Judgment Enforcement;

4. Conditions for judgment enforcement occur outside of provinces where bailiff offices of the bailiffs in charge of judgment enforcement are based in;

5. The judgment creditors do not request the court to determine property ownership, land use right of judgment debtors among the common properties in accordance with Clause 1 Article 74 of the Law on Civil Judgment Enforcement in 15 days from the date on which the judgment creditors receive the notice and the judgment debtors have no other properties;

6. The judgment creditors do not request the court to declare property-related transactions null in accordance with Clause 2 Article 75 of the Law on Civil Judgment Enforcement in 15 days from the date on which the judgment creditors receive the notice and the judgment debtors have no other properties;

7. Cases in which the court must be requested to determine persons with ownership, use right of properties, papers; determine ownership, use right of properties to enforce judgment, settle property disputes; request cancellation of property-related documents, transactions; settle disputes regarding property in accordance with Clause 4 Article 68, Clause 3 Article 69, and Clause 2 Article 102 of the Law on Civil Judgment Enforcement occur and the judgment debtors have no other properties.

Article 58. Legal consequences when terminating judgment enforcement

1. Upon termination of judgment enforcement, bailiff offices and persons must finalize service contracts for judgment enforcement. During finalization of contracts and settlement of arising issues, the parties shall request the court to settle any arising disputes as per the law;

Regarding unclaimed money and properties, bailiff offices shall take actions in accordance with the Law on Civil Judgment Enforcement and civil laws regarding unclaimed properties.

Regarding unfinished cases, the litigants have the right to request further judgment enforcement in accordance with Article 53 hereof.

2. In case of termination in accordance with Clauses 3, 4, 5, 6, and 7 Article 57 hereof, prior to contract finalization, directors of bailiff offices must:

a) Promulgate decisions or request competent authorities to promulgate decision to revoke decisions, notices, and documents regarding enforcement of unfinished judgments;

b) Transfer all judgment enforcement documents to civil judgment enforcement authorities entitled to organize judgment enforcement in accordance with the Law on Civil Judgment Enforcement;

c) Inform the litigants about document transfer in writing and inform persons requesting judgment enforcement in writing that they have the right to request civil judgment enforcement authorities to organize judgment enforcement in accordance with civil judgment enforcement laws.

3. In case of termination under Article 57 hereof, prior to contract finalization, directors of bailiff offices must inform district-level People’s Procuracies (if said cases are within competence of district-level judgment enforcement authorities) or provincial People’s Procuracies (if said cases are within competence of provincial judgment enforcement authorities) where bailiff offices are based in in writing about termination of judgment enforcement and transfer of documents to civil judgment enforcement authorities.

4. Civil judgment enforcement authorities have the responsibilities to:

a) Receive judgment enforcement documents sent by bailiff offices;

b) Receive request for judgment enforcement from litigants, issue decision on judgment enforcement, and assign enforcers to organize enforcement, except for cases under Point a Clause 2 Article 56 hereof;

c) Recognize and use previous judgment enforcement results produced by bailiffs when the case is continued if these results do not violate the law.

Article 59. Payment of judgment enforcement fee

1. Payment of judgment enforcement fee of bailiffs shall conform to regulations and law on civil judgment enforcement.

2. Civil judgment enforcement authorities and bailiff offices must cooperate in paying judgment enforcement fee in case judgment debtors must carry out multiple obligations enforced by civil judgment enforcement authorities and bailiff offices simultaneously.

Article 60. Responsibilities of agencies in judgment enforcement

1. Civil judgment enforcement authorities have following responsibilities:

a) Sub-departments of Civil Judgment Enforcement Authorities, Departments of Civil Judgment are responsible for promulgating decisions on judgment enforcement at request of bailiff offices; transferring decisions on judgment enforcement to requesting bailiff offices within 2 working days from the date on which the decisions are issued.

Departments of Civil Judgment Enforcement where bailiff offices are located are responsible for assisting judgment enforcement carried out, guiding the cooperation in judgment enforcement between Sub-departments of Civil Judgment Enforcement and bailiff offices and between local bailiff offices;

b) Sub-departments of Civil Judgment Enforcement Authorities, Departments of Civil Judgment Enforcement are responsible for cooperating with bailiff offices in verifying conditions for judgment enforcement and paying judgment enforcement fee as per the law.

2. Social insurance authorities, State Treasury, and credit institutions shall cooperate in providing information and assisting bailiff offices, bailiff offices in verifying conditions for judgment enforcement in accordance with this Decree and civil judgment enforcement laws.

3. Property registration authorities, secured transactions registration authorities have the responsibilities to:

a) Register property ownership, land use right for persons purchasing properties, judgment creditors receiving properties in order to offset against the amount receivable by judgment creditors;

b) Revoke, amend, and annul documents certifying property ownership, land use right, and secured transaction registration issued to judgment debtors; issue new versions of those documents as per the law.

Section 5. PAYMENT FOR BAILIFFS’ PERFORMANCE

Article 61. Payment for bailiffs’ performance

Payment for bailiff’s performance must be recorded in the contract between the bailiff office and solicitor.

Article 62. Payment for service of documents of the court, People’s Procuracies, and civil judgment enforcement authorities

1. Payment for service of documents of the court, People’s Procuracies, and civil judgment enforcement authorities shall be agreed upon by the court, People’s Procuracies, civil judgment enforcement authorities and bailiff offices via contracts according to Clause 3 Article 33 hereof on the basis of payments specified under Clause 2 of this Article.

2. Payment for service is regulated as follows:

a) At least 65.000 VND/matter and up to 130.000 VND/matter, except for cases specified under Point b of this Clause;

b) In case documents are served outside of provinces or in islands, archipelagoes outside of districts where bailiff offices are located, court, People’s Procuracies, and civil judgment enforcement authorities shall reach an agreement with bailiff offices regarding service costs, including: Additional costs without exceeding working allowance policies in accordance with regulations and law applicable to state authorities and public service providers; wages based on working days of persons serving documents without exceeding minimum wages of employees working at state authorities and public service providers.

Service payment mentioned under this Clause includes public posting in case bailiffs cannot serve the documents directly and must publicly post the documents as per proceeding laws and civil judgment enforcement laws.

3. Payment for service of documents shall be made as follows:

a) Payment shall be made on a monthly basis. Bailiff offices are responsible for issuing and transferring invoice to courts, People’s Procuracies, and civil judgment enforcement authorities. Within 5 working days from the date on which invoice and legitimate instruments are received, the aforementioned entities are responsible for completing payment procedures and documents by transferring payment to State Treasury in order to control service payment for bailiff offices;

b) Regarding instances of service where the litigants must incur the payment as per the law, courts, People’s Procuracies, and civil judgment enforcement authorities shall collect and transfer the payment to bailiff offices. Regarding instances of service where the state budget incurs the payment as per the law, the courts, People’s Procuracies, and civil judgment enforcement authorities shall transfer to bailiff offices;

c) If payments made by the litigants have not been collected in accordance with Point a of this Clause, civil judgment enforcement authorities shall pay bailiff offices in advance using expenditure estimates assigned by competent authorities in accordance with regulations and law on state budget. Civil judgment enforcement authorities are responsible for expediting service payment made by the litigants in order to return to state budget;

d) When serving documents of civil judgment enforcement authorities, if the case is then entrusted, the civil judgment enforcement authorities that transferred documents to bailiff for service must incur payment for implemented document service. If service payment to be incurred by the litigants has not been collected, the entrusting civil judgment enforcement authorities must request entrusted civil judgment enforcement authorities in writing to collect service payment from the litigants;

dd) State Treasury shall control service payment as per the law.

4. On an annual basis, based on workload of the previous year, payment mentioned under this Article, and expected workload of the planning year, the courts, People’s Procuracies, and civil judgment enforcement authorities shall produce estimates of service payment in order to consolidate together with their budget estimates and submit to superior in accordance with state budget laws and separate into 2 sections:

a) Service payment incurred by the state budget;

b) Advance service payment in case of service payment incurred by the litigants.

Article 63. Payment for service of documents relating to judicial assistance in civil matters of foreign competent authorities

Payment for service of documents relating to judicial assistance in civil matters of foreign competent authorities shall be regulated by Minister of Justice.

Article 64. Costs for producing bailiff’s report and verifying conditions for judgment enforcement

1. Costs for producing bailiff’s report and verifying conditions for judgment enforcement shall be agreed upon for work piece or working hour.

2. Bailiff offices must regulate and publicly post costs for producing bailiff’s reports and verifying conditions for judgment enforcement, specifically the maximum costs, the minimum costs and calculation methods.

On the basis of publicly posted costs, solicitors and bailiff offices may reach additional agreements on costs based on work piece or working hour and other costs, including: Travel costs; service fees for agencies providing information; costs for witnesses, participants, or other costs (if any).

3. In case the bailiff office that organizes judgment enforcement must perform verification, verification costs shall be agreed upon by the bailiff and solicitor in accordance with Clause 2 of this Article or included in civil judgment enforcement costs in accordance with Article 65 hereof.

Article 65. Civil judgment enforcement costs

When organizing judgment enforcement, bailiff offices can charge civil judgment enforcement costs regulated by regulations and law on fees and charges. For complicated cases, bailiff offices and solicitors can reach an agreement on costs for the

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