Chương V Nghị định 08/2020/NĐ-CP: Quản lý nhà nước, xử lý vi phạm, giải quyết khiếu nại, tố cáo, giải quyết tranh chấp và kiểm sát hoạt động của thừa phát lại

Chapter V

CARRYING OUT STATE MANAGEMENT, HANDLING VIOLATIONS, RESOLVING COMPLAINTS, ACCUSATIONS, DISPUTES, AND CONTROLING OPERATION OF BAILIFFS

Article 66. Responsibilities of the Government

1. The Government shall carry out joint state management regarding bailiff.

2. The Ministry of Justice shall be responsible to the Government and Prime Minister for carrying out state management of bailiff and have the tasks and powers to:

a) promulgate or request competent authorities to promulgate legislative documents on bailiff; and

b) provide professional guidance, inspect, and investigate bailiff; and

c) provide bailiff training and refresher training; and

d) issue code of professional ethics of bailiff; and

dd) assign, reassign, and remove bailiff; and

e) settle disputes and accusations regarding bailiff as per the law; and

g) carry out other tasks and powers according to this Decree and relevant laws.

Article 67. Responsibilities of ministries and ministerial agencies

1. Minister of Public Security is responsible for guiding detention centers to collect money and properties payable by judgment debtors when the judgment debtors are serving prison sentences.

2. Minister of Finance is responsible for guiding the State Treasury, social insurance authorities, tax authorities, and affiliated entities to cooperate with bailiffs in verifying conditions for judgment enforcement and organizing judgment enforcement in accordance with this Decree and relevant laws; guiding financial regulations under this Decree.

Article 68. Responsibilities of provincial People’s Committees

1. Provincial People’s Committees carrying out state management regarding bailiff in their provinces and cities have the tasks and powers to:

a) manage operation of bailiff in their provinces and cities; publicize and disseminate bailiff’s operation; and

b) approve the Scheme for development of bailiff office in their provinces and cities; and

c) permit the establishment, conversion, merger, acquisition, ownership transfer, and termination of bailiff office operation; and

d) inspect, investigate, settle disputes and accusations regarding bailiff as per the law; and

dd) carry out other tasks and powers according to this Decree and relevant law provisions.

2. Departments of Justice assisting provincial People’s Committees in carrying out state management regarding bailiff in their provinces and cities shall have the tasks and powers to:

a) verify information in documents on assignment, removal of bailiffs at request of Ministry of Justice; register operation, issue, re-issue, and revoke bailiff card; promulgate decision on suspension of bailiff operation; and

b) take charge and cooperate with departments and local governments in developing Scheme for development of bailiff office in their provinces and cities and request provincial People’s Committees to approve; and

c) receive, appraise application, and request provincial People's Committees to permit establishment, conversion, merger, acquisition, ownership transfer, and termination of bailiff office; and

d) issue and revoke license to operate bailiff office; issue decision on suspension of bailiff office; and

dd) develop database on bailiff’s report in accordance with Clause 4 Article 39 hereof; and

e) inspect, investigate, settle disputes and accusations regarding bailiff as per the law; and

g) submit reports on organization and operation of bailiff to Ministry of Justice and provincial People's Committees in accordance with this Decree and relevant law provisions; and

h) carry out other tasks in accordance with this Decree and relevant law provisions and at request of Ministry of Justice, provincial People’s Committees.

Article 69. Handling violations

1. Bailiffs that violate this Decree shall be met with administrative penalties or criminal prosecution and mandated to pay damages (if any) depending on nature and severity of the violations as per the law.

2. Bailiff offices that violate this Decree shall be met with administrative penalties and mandated to pay damages (if any) as per the law.

3. Bailiff solicitors who provide false information, documents, fabricated documents, illegal documents, or commit other fraud shall be met with administrative penalties or criminal prosecution and mandated to pay damages (if any) as per the law depending on the nature and severity of the violations.

4. Persons with powers and positions who violate legal rights and benefits of bailiffs, bailiff offices or obstruct the performance of rights, obligations of bailiffs or bailiff offices shall be met with disciplinary actions or criminal prosecution and mandated to pay damages (if any) as per the law.

5. Individuals who work as bailiff in any shape or form despite being ineligible for doing so must cease the violation, be met with administrative penalties or criminal prosecution, and mandated to pay damages (if any) as per the law.

Organizations which work as bailiff in any shape or form despite being ineligible for doing so must cease the violation, be met with administrative penalties, and mandated to pay damages (if any) as per the law.

Article 70. Resolving complains

1. Resolution of complaints regarding assignment, reassignment, and removal of bailiffs; registration for operation and issuance of bailiff cards; suspension from bailiff operation; establishment, registration for operation, conversion, merger, acquisition, ownership transfer, suspension, and termination of bailiff offices shall be implemented in accordance with regulations and law on complaints.

2. Resolution of complaints regarding service of process of the courts and People’s Procuracies shall be implemented in accordance with proceeding laws.

3. Resolution of complaints regarding civil judgment enforcement in accordance with Law on Civil Judgment Enforcement shall be implemented as follows:

a) File a complaint about issuance or failure to issue decision on judgment enforcement at request of director of bailiff office:

If individuals entitled to issue decision on judgment enforcement are directors of Sub-departments of Civil Judgment Enforcement, directors of Departments of Civil Judgment Enforcement shall resolve complaints initially within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Departments Civil Judgment Enforcement, they have the right to file the complaints to General Director of the General Department of Civil Judgment Enforcement. The General Director of the General Department of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by the General Director of the General Department of Civil Judgment Enforcement comes into effect;

If individuals entitled to issue decision on judgment enforcement are directors of Departments of Civil Judgment Enforcement, the General Director of the General Department of Civil Judgment Enforcement shall resolve complaints initially within 30 days from the date on which they receive the complaints. If the persons filing the complaints do not agree with decision of the General Director of the General Department of Civil Judgment Enforcement, they have the right to file the complaints to Minister of Justice. Minister of Justice shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. The decision on complaint resolution issued by Minister of Justice will then enter into force;

b) File a complaint about actions of directors of bailiff offices, bailiffs:

Regarding cases under entitlement of directors of Sub-departments of Civil Judgment Enforcement to issue decision on judgment enforcement in accordance with Article 55 hereof, the directors of Sub-departments shall handle initial complaints about actions of directors of bailiffs and bailiffs within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Sub-departments Civil Judgment Enforcement, they have the right to file the complaints to directors of Departments of Civil Judgment Enforcement. Directors of Departments of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by directors of Departments of Civil Judgment Enforcement will then come into effect;

Regarding cases under entitlement of directors of Departments of Civil Judgment Enforcement to issue decision on judgment enforcement in accordance with Article 55 hereof, the directors of Departments shall handle initial complaints about actions of directors of bailiffs and bailiffs within 30 days from the date on which they receive the complaints. If persons filing the complaints do not agree with decision on resolution issued by directors of Departments Civil Judgment Enforcement, they have the right to file the complaints to General Director of the General Department of Civil Judgment Enforcement. The General Director of the General Department of Civil Judgment Enforcement shall issue decision on complaint resolution within 45 days from the date on which they receive the complaints. Decision on complaint resolution issued by the General Director of the General Department of Civil Judgment Enforcement comes into effect;

If the case takes place in remote or rural areas where travel is difficult, the deadline for resolving complaints can be extended up to 60 days;

c) If necessary, Minister of Justice has the right to reconsider decision on complaint resolution that has entered into force.

Article 71. Resolving accusations

Accusations and resolution thereof in bailiff operation shall conform to regulations and law on accusations.

Article 72. Resolving disputes

1. Disputes regarding contract execution and non-contractual damages relating to the performance of bailiff shall be resolved by competent authorities in accordance with civil and civil proceeding laws.

2. Regarding disputes over issuance of bailiff’s report, the parties have the rights to file a lawsuit and request the court to resolve.

Article 73. Controlling operation of bailiff

Service of process of the courts, People’s Procuracies, and civil judgment enforcement authorities, verification of conditions for judgment enforcement, and organization of judgment enforcement of bailiffs shall be controlled by the People’s Procuracies in accordance with the Law on People’s Procuracy, proceeding laws, civil judgment enforcement laws, this Decree, and relevant laws.