1. Who is the bailiff?
Bailiff is a professional title that performs work related to procedures and paperwork in the field of law based on Clause 1, Article 2 of Decree 08/2020/ND-CP, which explains bailiffs. as follows:
A bailiff is a qualified person appointed by the State to serve, prepare documents, verify conditions for civil judgment enforcement, and organize civil judgment enforcement according to the provisions of this Decree and the law. relevant law.
In there:
– Service is the notification, delivery and receipt of papers, records and documents performed by the Bailiff.
– Certificates are a source of evidence for the Court to consider when resolving civil and administrative cases according to the provisions of law; is the basis for conducting transactions between agencies, organizations and individuals according to the provisions of law.
2. What jobs do bailiffs do?
Pursuant to Article 3 of Decree 08/2020/ND-CP, it is stipulated that the work that a bailiff can perform includes the following tasks:
– Serve papers, records and documents according to the provisions of this Decree and relevant laws.
– Prepare documents at the request of individuals, agencies and organizations according to the provisions of Decree 08/2020/ND-CP.
– Verify conditions for judgment execution at the request of litigants and people with related rights and obligations according to the provisions of Decree 08/2020/ND-CP and relevant laws.
– Organize the enforcement of Court judgments and decisions at the request of litigants according to the provisions of Decree 08/2020/ND-CP and relevant laws.
3. The bailiff’s authority to organize judgment enforcement
The bailiff is also an object that organizes judgment enforcement within the powers he or she is assigned. Specifically, Article 51 of Decree 08/2020/ND-CP stipulates the authority of the bailiff to organize judgment enforcement. Playback is as follows:
Bailiffs have the right to organize judgment enforcement at the request of litigants for the following judgments and decisions:
– First-instance judgments and decisions that have come into legal effect of the People’s Courts of districts, towns, provincial cities and the equivalent; First-instance judgments and decisions have taken legal effect from the Provincial People’s Court where the Bailiff’s Office is located.
– Judgments and appellate decisions of the Provincial People’s Court where the Bailiff’s Office is headquartered for first instance judgments and decisions that have not yet taken legal effect of the District People’s Court; appellate judgments and decisions of the High People’s Court over first-instance judgments and decisions that have not yet taken legal effect of the Provincial People’s Court where the Bailiff’s Office is headquartered;
– Decisions on cassation and retrial of the High People’s Court for legally effective judgments and decisions of the district-level People’s Court and the provincial-level People’s Court where the Bailiff’s Office is located headquarters.
In addition, the Bailiff does not organize the enforcement of the part of the judgment or decision that is subject to the Head of the civil judgment enforcement agency proactively issuing a decision to execute the judgment according to the provisions of Clause 2, Article 36 of the Law on Civil Judgment Enforcement. 2008.
4. Rights of bailiffs in organizing judgment enforcement
According to Clause 1, Article 52 of Decree 08/2020/ND-CP, when organizing judgment enforcement, bailiffs have the following tasks and powers:
– Implement promptly and correctly the content of the judgment enforcement decision issued by the Head of the civil judgment enforcement agency at the request of the Head of the Bailiff’s Office; Correctly apply the provisions of law on order and procedures for judgment execution, ensuring the interests of the state, the legitimate rights and interests of litigants and people with related rights and obligations;
– Invite litigants and people with related rights and obligations to handle judgment enforcement;
– Proposing the Head of the civil judgment enforcement agency to consider amending and supplementing the judgment enforcement decision issued at the request of the Head of the Bailiff’s Office;
– Verify the judgment debtor’s conditions for execution; Request relevant agencies, organizations and individuals to coordinate in providing information and documents to verify the address and assets of the judgment debtor.
