In Vietnam, does not practice as a bailiff be dismissed or not?

In Vietnam, does not practice as a bailiff be dismissed or not?

In Clause 2, Article 13 of Decree 08/2020/ND-CP, there are provisions on discharge of bailiffs as follows:

2. A bailiff shall be relieved of duty in the following cases:

a) No longer meeting the criteria specified in Article 6 of this Decree, except for age standards;

b) Falling into one of the cases specified in Clauses 1 and 8, Article 11 of this Decree;

c) Failing to register and practice as bailiff within 01 year from the date of appointment;

d) Failure to practice as a bailiff continuously for 2 years or more;

dd) The maximum time limit for suspending the practice of bailiff specified in Clause 2, Article 12 of this Decree has expired, but the reason for the temporary suspension still exists;

e) Serious violation of the Code of Professional Ethics of the bailiff; be administratively sanctioned for the second time in the practice of bailiff but continue to violate;

g) Working as a bailiff but concurrently practicing notarial practice, lawyer, price appraisal, asset auction, asset management and liquidation;

h) Convicted by a legally effective judgment of the Court.

According to current regulations in Vietnam, in case you do not practice as a bailiff continuously for 02 years or more, you will be dismissed.

In Vietnam, what documents are included in the application for re-appointment of a bailiff?

In Clause 4, Article 14 of Decree 08/2020/ND-CP, there are regulations on the application for re-appointment of a bailiff as follows:

4. Competence and procedures for re-appointment of bailiffs shall comply with Article 10 of this Decree. Dossier for re-appointment includes:

a) An application for re-appointment of the bailiff, made according to the form prescribed by the Minister of Justice;

b) Judicial record cards are issued within 06 months from the date of application submission;

c) A certified true copy or a photocopy enclosed with the original Decision on dismissal of the bailiff for comparison;

d) A certified true copy or a photocopy enclosed with the original of papers proving the reason for dismissal is no longer available for comparison, except for the case specified in Clause 1 of this Article.

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