The Ministry of Justice has issued a Circular No.05/2020/TT-BTP stipulating in detail a number of articles and measures to implement Decree No. 08/2020/ND-CP dated January 08, 2020 of the Government on the organization and operation of the bailiff. This Circular comes into force from October 12, 2020.
Accordingly, the Circular provides several provisions on training and retraining bailiff; fostering annual bailiff; Internship and check the results practice-bailiff; costume bailiff; license registration and database of diploma; check the organization and activities of bailiffs; reporting regime, books, forms of organization and activities of bailiffs. This Circular applies to bailiffs, bailiff office, the practice-bailiff, state management agencies of bailiff and individuals, agencies and organizations concerned.
One of the featured content that circular sets out the specified provisions of the papers demonstrate training exemption bailiff provisions of Clause 2, Article 7 of Decree No. 08/2020/ND-CP. In which, these papers are one of the following:
- Decision appointing judges, procurators, executors, investigators, judge’s identity cards, procurator’s ID cards, executors’ cards, investigator’s certificates together with proofs Having worked as a judge, procurator, executor or investigator for 05 years or more;
- Law practice certificate, decision on appointment and re-appointment of notaries, lawyer’s cards, notary’s cards, together with papers proving that they have practiced law practice, notarized for 5 years or more ;
- Decision on the appointment of Professor, Associate Professor of Law; The law doctorate degree, if the law doctorate degree is granted by a foreign educational institution, the degree must be recognized according to the regulations of the Ministry of Education and Training;
- Decision to appoint main examiner, senior examiner of the court branch, principal examiner, senior examiner of the procuracy, principal examiner, senior examiner of civil judgment enforcement branch; senior inspectors, senior experts, senior researchers, senior lecturers in the legal field;
- Other papers proving that the person is exempt from vocational training for bailiff according to the provisions of law.
Besides, the Circular provides a detailed content of apprenticeship programs bailiff practice include:
- Receiving, sorting required to implement the work of bailiffs (hereinafter referred to as requested); check the authenticity and legality of the papers in the petition, the civil act capacity of the petitioner;
- Conduct Rule professional ethics bailiff; explain to the requester clearly their legal rights, obligations and interests, the legal meaning and consequences of the request, the reasons for refusing to fulfill the request;
- Research, propose directions to resolve the request;
- Skills of establishing diplomas and drafting documents under the authority of the Repayment Department; Skills to serve papers, records, documents;
- Skills to verify judgment execution conditions;
- Skills to organize judgment execution;
- Skills in organizing, classifying records have been done and put into archives;
- Skills and other work related to professional activities of bailiffs as assigned by bailiff trainee guide.
Article 9 of this Circular to regulate the conditions to receive and guide practice-bailiff. Accordingly, the bailiff as a guide to have at least 02 years of experience practicing bailiff. Bailiff sanctioned for administrative violations in professional activities bailiff, after 01 years from the date of completely serving the sanctioning decisions the new administration is guided practice-bailiff. In the same period, 01 bailiffs not be guided more than 03 apprentice.
Bailiff refused probation guidelines in the case is not eligible as a guide by a number of reasons under the provisions hereof; be suspended from practicing bailiff; for health reasons or other objective reasons.
The bailiff refusing to instruct the apprentice under the provisions of Clause 3, Article 9 of this Circular must notify the apprentice’s office in writing. Office received probationary bailiff assigned a different bailiff eligible apprentice guide; in case the Bailiff office has no other bailiff who is qualified to guide the apprenticeship, it must notify the Department of Justice in writing. Within 07 working days from the date of receiving the notice of the Office of the bailiff, the Justice Department’s Office appointed a bailiff others received probation; in case there is no Bailiff office which is eligible to accept the apprentice, the apprentice shall be notified in writing, clearly stating the reason to the apprentice.
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