Can bailiff's reports replace notary documents in Vietnam?

Can bailiff's reports replace notary documents in Vietnam?

In Article 36 of Decree 08/2020/ND-CP stipulating entitlement to produce bailiff’s report, scope and legitimacy of bailiff's report is as follows:

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.

Thus, according to the above provisions in Vietnam, bailiff's reports do not replace other notary documents. The license is only a source of evidence for the Court to resolve civil and administrative cases.

The certification of your and your wife's separate property in Vietnam is only a source of evidence for the Court to adjudicate when the divorce trial takes place, not a replacement for a notary document certifying the separate property of both.

In case of multiple pages, does the bailiff have to sign all the pages of bailiff's report in Vietnam?

According to Article 39 of Decree 08/2020/ND-CP, procedures for producing bailiff’s report are as follows:

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.

Therefore, according to the above regulations in Vietnam, if the diploma has many pages, the bailiff must sign each page, bear bailiff office’s seal and record in bailiff’s report log produced using form prescribed by the Minister of Justice.

What is agreement on production of bailiff’s report in Vietnam?

Pursuant to Article 38 of Decree 08/2020/ND-CP stipulating agreement on production of bailiff’s report as follows:

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.

The above are the agreements on production of bailiff’s report that are provided for by law in Vietnam.

Best Regards!