Pháp luật về thừa phát lại ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L

HUYNH DUC THAI LAM HOANG

THE LAW RELATING TO BAILIFFS IN
VIETNAM TODAY

Major: Economic Law
Major code: 9.38.01.07

SUMMARY OF THE DOCTORAL DISSERTATION
IN LAW

Hanoi - 2019


The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences

Supervisor: Assoc. Prof. Dr. Nguyen Nhu Phat

Reviewer 1: Assoc. Prof. Dr. Tang Van Nghia
Reviewer 2: Dr. Pham Sy Chung
Reviewer 3: Assoc. Prof. Dr. Duong Dang Hue

The dissertation will be defended at Graduate Academy Level
Council of dissertation assessment at Graduate Academy of Social
Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai,
Thanh Xuan, Hanoi.

Time: ………… date ………. month …… …year 2019

The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library


INTRODUCTION
1. The necessity of the research topic
Vietnam should carry out judicial reform to further serve the
people’s needs. The judicial reform process poses the legal science
issues including bailiff issue that needs to be examined and solved. The
bailiff issue has been around for a long time and has been developing in
many countries around the world. In the current context, Vietnamese
civil judgment enforcement agencies are always being concerned to
well perform their duties. In fact, however, civil judgment execution is
still hot issue. It is also one of the important reasons that the State has
decided to implement a pilot program of reestablishing the bailiff
institution, besides the civil judgment enforcement agencies, it has
expanded in a number of provinces and in the whole country now. The
bailiff has not really influence and its outcomes are not really expected.
Additionally, Vietnam has officially become a member of the 1965
Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters. However, the legal system
of bailiffs in our country has not built on the basis of scientific theory
system. Thenceforth, it is necessary to have a serious and correct
knowledge on the legal system to avoid conflicting, overlapping and not
unifying in order to find out orientation and solutions to improve the
law on bailiffs.
2. Research purpose and tasks

2.1. Research purpose
The study aims to examine theoretical and practical issues on
bailiffs, identifying scientific and practical bases for building and
developing the law on bailiffs, thenceforth, it proposes
recommendations to improve the law on bailiffs by the goals of judicial
and administrative reform and guaranteeing human rights in Vietnam
today.
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2.2. Research tasks
Reviewing literature; clarifying theoretical basis; examining,
analyzing and clarifying the theoretical issues of the law on bailiffs such
as concepts, the nature and characteristics of bailiffs. Legal experiences
in some countries on this issue; it also analyzes and evaluates situation
of Vietnamese law and the law enforcement in practice. The study then
proposes orientation and solutions to improve the law relating to bailiffs
in Vietnam.
3. Research subject and scope
3.1. Research subject: Theoretical and practical issues of the law on
bailiffs; a system of legal documents on bailiffs and organization and
operation of bailiffs in reality in Vietnam.
3.2. Research scope: in terms of content and space: the dissertation
seeks to examine the theoretical and practical issues of the law on
bailiffs in our country. In terms of time: the dissertation focuses on the
contents of the law on bailiffs from 2009 (the year of bailiff pilot in
Vietnam) up to now (2019).
4. Methodology and research methods
Methodology: the study utilizes dialectic and historical materialism,
the Party and State’s points of views and policies on the socialization of

civil judgment execution activities and the implementation of the bailiff
institution to summarize and evaluate positive and negative aspects as
well as the posing problems of the provisions of the law to improve the
legal basis on the organization and operation of the bailiff institution.
Research methods: the study utilizes methods of system - structure,
statistics, comparison, forecasting, analysis, synthesis and survey.
Methods of combining theory and practice. Collecting and reviewing
literature, and using the results of actual surveys and the law on bailiffs
between 2009 and 2019.
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5. New contributions of the dissertation
First, the dissertation seeks to examine systematically and
comprehensively the law on bailiffs in Vietnam today and it proposes
solutions to further improve the modes of enforcing law so as to
contribute to supplement program of building the law on bailiffs.
Second, the dissertation seeks to clarify the real situation of the
provisions of the law and the application of the law on bailiffs in
practice. Third, the dissertation proposes recommendation and solutions
to deal with limitations and shortcomings.
6. Theoretical and practical significance of the dissertation
Theoretically: the study seeks to further clarify the theoretical issues
of the law on bailiffs; to fully and systematically analyze and evaluate
the real situation of the law on bailiffs in Vietnam, thenceforth, it
clarifies the theoretical and practical basis of this issue.
Practically: recommendations in this study are built based on closely
theoretical foundation that is proven in practice, so it may be seen as a
reliable reference in the process of building and completing the law on
bailiffs in Vietnam today.

7. Structure of the dissertation
Besides the introduction, conclusion and references, the dissertation
includes 4 chapters: Chapter 1: Literature review. Chapter 2:
Theoretical issues of the law on bailiffs. Chapter 3: The reality of the
law on bailiffs and enforcement in Vietnam today. Chapter 4:
Orientation and solutions to improve the law on bailiffs in Vietnam
today.

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Chapter 1
LITERATURE REVIEW
1.1. Overview of research situation
1.1.1. Research works on the concept and legal nature of the bailiff
In Vietnam and in the world, so far there have been many research
works on the concept and legal nature of the bailiff from different
perspectives and approaches. For example, “Key principles of the new
judicial execution system in the civil court” by Kennett and Wendy
(1999); “Private bailiff feasibility study” by Armenia; DPK Consulting,
San Francisco, CA, 2008. It can be said that, although this is just a
scientific report, it has mentioned quite comprehensively (Bailiff –
guarantor). “Judicial vs. private” by Paredes, Ricardo, Andrés Crisosto
and Philippe Martis, 2009; “Theoretical and practical basis on bailiff
institution”, the Ministry-level project, Institute of Legal Science,
Ministry of Justice, 2000. “Re-training profession of bailiff, experiences
and operation of bailiffs in some countries” by the General Department
of Civil Judgment Execution – Judicial Academy, Ministry of Justice,
2016. These research works have fully mentioned the concept and legal
nature of the bailiff under the existing provisions of Vietnam and the

law of some countries around the world; in civil judgment execution, it
is the “freedom and self-agreement” in both the extent of enforcing and
the way to organize of the judgment creditor (plaintiff) and the
judgment debtor (defendant).
1.1.2. Research works on theoretical issues of the law on bailiff
In “Justice systems interact” by Ryann Elizabeth Manning (2010),
the author argues that there is interaction and mutual support between
“public justice” and “private justice”. The author seeks to examine
comprehensively legal theoretical system of justice including the law on
bailiff in relations to the public legal system of many countries. In
“Alternative dispute resolution and the rule of law in international
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development cooperation” by James Michel (2011), the author argues
that, in modern society and integration, there are more and more
complex disputes in many areas. In his opinion, it is necessary to build
laws and acts on the issue of “guarantor” that similar to bailiffs in the
understandings of many countries. In “Justice development
programming in fragile and conflict-affected areas” by Abdul Salam
Azimi and Christiana Tah (2011), the authors examine the theoretical
system of private judgment execution and bailiffs. In “Scheme on the
pilot implementation of bailiffs in HCMC”, the Ministry of Justice
(2009). This scheme is the Party and State’s policy on the socialization
of some contents of judicial activities, the necessity of implementing the
project, objectives, models and operation of bailiffs in HCMC.
Ministry-level research project by the Institute of Legal Science
Research - Ministry of Justice and Ho Chi Minh City Department of
Justice (1995), “Theoretical and practical basis on the bailiff
institution”, Dr. Nguyen Duc Chinh (editor); “Organization of bailiffs”

by Nguyen Duc Chinh (2006), Justice Publishing House. These are
firstly published books in Vietnam on the bailiff institution since since
the unification of the country. In his research, Dr. Nguyen Duc Chinh
mentioned the need to re-establish and the pilot implementation of the
bailiff institution in Vietnam in the context of judicial reform and
integration. “Bailiff institution - proceedings of scientific conference”
by Ministry of Justice (2014), it includes a series of research reports of
many scientists in the field of bailiff institution. Actual situation of the
law on bailiff in Vietnam and orientation to improve; implementation
and results-achieved since the pilot implementation of bailiff institution
in our country. “Historical value, legal-political views on the bailiff
institution” by Assoc. Prof. Dr Hung Cuong. In this work, he proposed
the trend of completing and developing the bailiff institution in
Vietnam.
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1.1.3. Research works on the law relating to bailiff
In the book titled “The process of law enforcement” by Anneli
(2008), in his opinion, in the process of law enforcement, the
implementation of decisions of the procedural agencies is very
important. He argues that the bailiff may undertake many more tasks
such as property auction and debt retirement. In “Barriers to the
enforcement” by Elena Sandra, Alvaro Herrero and Keith Henderson
(2004), in the authors’ viewpoints, winning in the court is just “half of
battle”, in fact, the judgment execution is just important issue. The
authors have examined the current models and regulations of bailiffs in
many countries, thenceforth, they have proposed many legal solutions
to improve the efficiency of bailiff operation. In “Enforcement of Court
Judgments, Lessons Learned from Latin America” by Henderson,

Keith, Angana Shah, Sandra Elena and Violaine Autheman (2004), the
authors have proposed solutions to improve institution and operation
such as empowerment to execute judgment under the supervision of
judges and formulating the law on enforcement of judgments in which
the bailiff is regarded as an organization of the state but held by private
individuals. “Handbook of bailiffs” was written during the pilot stage of
the bailiff institution in HCMC, it has been so far amended and
supplemented. In “Understanding the bailiff institution and the forms of
the bailiff office” by Nguyen Quang Minh and Nguyen Van Nghia. In
this work, the authors have learned the implementation of bailiffs in
Vietnam over the years. The authors have proposed specific solutions to
deal with this issue. In “Organization and operation of the bailiff in
Vietnam today” by Vu Hoai Nam (2013), the Justice Publishing House.
This is the first monograph in Vietnam which is comprehensively
examined bailiffs and the bailiff institution. Along with scientific
research, Master theses in law also mentioned the bailiff institution. The
authors have intensively examined bailiffs and theoretical and practical
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basis, as well as solutions to improve the law on bailiffs. However, this
theoretical basis is still in the pilot stage.
1.1.4. Research works on the trend of bailiff development
In “The role played by the profession of bailiffs in the proper and
efficient functioning of the judicial system: An overview with special
consideration of the issues faced by countries in transition” by Alan
Uzelac (2002), the author has analyzed quite detail what is the
profession of bailiff, its functions and tasks, thenceforth, the study
pointed out the inevitable development trend of bailiffs by countries in
transition. In particular, he highlighted the orientations and models

(public or private) to develop the profession of bailiffs in accordance
with each specific period. In “Court reform in FYR Macedonia:
Sustained multitasking” by Oliver Lorenz (2009), he argues that the
function of directly enforcing judgments needs to be gradually
transferred to private organizations. He also argues that this trend is
indispensable if one wants to reduce the workload of the local courts. In
“Taking on the bailiff monopoly in Poland” by Krzysztof Józefowicz
(2007), he presented and analyzed arguments that the Ministry of
Justice (his workplace) presented in Parliament, at that time there were
still disagreements on the profession of bailiffs is regarded as an
independent profession which must be approved by the law on
guarantor (Bailiff). In “Justice sector reform in Mongolia: Looking
back, looking forward” by Heike Gramckow and Frances Allen (2011),
the authors discussed quite a lot of bailiff activities. They assessed the
entire process of formation and development of bailiff in Mongolia,
what has been done and what has not been done, the inadequacies of the
existing law, thereby they proposed orientation to build bailiff in the
future. The authors also proposed to expand many functions and tasks
of bailiffs such as auction, debt management of debtors. In “Some issues
on completing civil law enforcement” by Le Thu Ha, National Political
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Publishing House, 2011, the author presented the role of bailiffs and
proposed orientation is to develop the profession of bailiffs to support
the activities of civil judgment enforcement agencies and improve the
law on bailiffs in the process of completing the civil judgment
execution law. “Bailiffs and compliance with conditions in Vietnam
during the period of international integration” by Nguyen Vinh Hung in
Journal of Procuratorial Science, 2017. In this study, he analyzed

situation of bailiffs in some countries and Vietnam and then he argued
that in the context of deep integration of Vietnam, the development of
bailiffs is a mandatory trend and in the current context and in the future,
bailiffs are increasingly developed in Vietnam. “Developing procession
of bailiffs in Vietnam and new legal issues need to be improved” by
Nguyen Van Nghia, 2018. In this study, he argued that gradually
implementing socialization, forms and procedures to assign non-state
agencies to perform judgment execution are considered one of the
measures to improve the efficiency of civil judgment execution. In
“Determining major policy direction for the development of the bailiff
law” by Dr. Duong Thi Thanh Mai, Institute of Legal Science –
Ministry of Justice. This project has given very clear scientific
arguments on bailiffs.
1.1.5. Assessment of research situation and issues that the
dissertation inherits
First, many research works have clarified some necessary concepts
such as the concept of bailiff, the law of bailiff in Vietnam and around
the world. Second, the above research works have pointed out the
theoretical and practical basis so that the profession of bailiffs to
continue to improve in the context of our country today. Third, the
above research works have proved the formation and existence of
bailiffs for a long time, with both popular and specific nature in terms of
cultural and socio-economic development of countries in the world. The
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development of profession of bailiffs is an inevitable trend. Fourth,
most of previous research works have been done by economic and
historical perspectives, so the bailiff activities are clearly analyzed and
evaluated. Fifth, from the perspective of jurisprudence, domestic

research works have partly described the current legal framework of
bailiffs in Vietnam and pointed out the shortcomings and limitations
that need to be overcome as well as given the proposals,
recommendations and solutions to deal with such shortcomings.
1.1.6. The issues need to be further examined in this dissertation
First, the assessment of the suitability/non-suitability of provisions
of the law on situation of profession of bailiffs in Vietnam which have
not been thoroughly addressed. The dissertation will focus on solving
this issue. Second, currently, although the concepts of bailiff have been
basically clarified, both domestic and foreign research works have the
same approach. The dissertation will clarify this issue in order to find
out a better understanding in Vietnam today. Third, due to the lack of
comprehensive and direct studies on the law relating to bailiffs, the
dissertation continues to further examine. Fourth, the dissertation
utilizes jurisprudence - economics approach so as to propose solutions
to improve the law on this issue. Fifth, although there have been many
research works on bailiffs, so far there have not been any direct study
on the law relating to bailiffs at the level of doctoral dissertation.
1.2. Basis of research theory
1.2.1. Research theory: Theory of the protection of human rights
and civil rights; Theory of ensuring the effectiveness of the trial and
enforcement of the Court's rulings to protect human rights, legitimate
rights and interests of citizens; Theory of socializing public services in
the field of justice.
1.2.2. Research question:
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Q1: What is the concept, legal nature and characteristics of the
bailiff? How does the law govern bailiffs? What is the basic content of

the law on bailiffs?
Q2: What is the current status of Vietnamese law prescribing the
organization and operation of the bailiff? What are the advantages and
disadvantages of implementing law on bailiff? Is the current status of
the law relating to bailiffs in Vietnam really consistent with and
meeting the requirements in practice?
Q3: To improve the law on bailiff, what are solutions need to be
taken? What is the theoretical and practical basis of those solutions?
1.2.3. Research hypothesis: The law on bailiffs in Vietnam today is
not really consistent with the requirements of the profession of bailiffs
in Vietnam. There are still inadequacies of the provisions of the law, it
has not really created a favorable environment for the formation and
development of the profession of bailiffs and the models of bailiffs in
the current market economic conditions.
1.2.4. Research approach: Systematic approach: Analyze and
evaluate bailiff issues under the Vietnamese law. Historical approach:
Studying the formation and development of bailiffs in Vietnam, the
contributions of bailiffs to the state agencies’ activities and to provide
legal services to people. Interdisciplinary approach: There is a
combination of many social sciences and humanities.

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Chapter 2
THEORETICAL ISSUES OF THE LAW ON BAILIFFS
2.1. Overview of the reasoning on bailiff
2.1.1. The concept and characteristics of bailiff
2.1.1.1. The concept of bailiff
A bailiff is a person who makes sure that the decisions and duties of

a court are obeyed. Notify the court of opening and closing, calling on
litigants, witnesses and keeping general order of the courtroom. The
duties outside the court. Serving the documents by the request of the
Court, setting up the legal basis by the provisions of the law, selling real
estate and directly execute judgments and decisions of the Court. A
bailiff is a person who appointed by the State to carry out civil
judgment execution, serving the documents and setting up the legal
basis and other works in accordance with the relevant provisions of the
law.
2.1.1.2. Characteristics of bailiff: First, a bailiff is a person who
meets all the criteria prescribed by Vietnamese law and appointed by
strict procedures to do a profession with a monopoly nature under the
Vietnamese law. Second, they are not civil servants and do not receive
salaries from the State budget. They are entitled to collect fees from
their professional activities on the basis of the State’s prescribed fees
and contracts signed with agencies, organizations and individuals who
require them to perform certain works. Third, once appointed, they are
allowed to do works permitted by law including verifying conditions for
judgment execution, directly executing civil judgments, serving
documents, making legal basis and other works allowed by the law.
Fourth, they have certain rights and obligations “similar to” state
officials and employees who assigned to do such works. Fifth, there are
operational regulations, professional ethics and procedural law. They
are strictly controlled by the state management agencies.
2.1.2. The legal nature of bailiffs
2.1.2.1. Judicial functions and duties of bailiffs
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In most of countries around the world, the bailiff performs the

function of judicial assistance. To perform this function, exclusive
duties are performed by the bailiff and the duties are not exclusive to
the bailiff. Duty of sending on documents: the bailiff performs
compulsory sending on documents of the court, in addition, the bailiff
can also negotiate with customers (agencies, organizations and
individuals) to send on other documents. Duty of enforcing judgments
and decisions of the court; controlling and maintaining the order of
courtroom during the trial process: this is a traditional and exclusive
task of the bailiff. The bailiff also undertakes non-exclusive duties such
as legal services of bailiff based on the agreement between the bailiff
and organizations, individuals are also given authority depending on the
law of each country. These activities are diversified and popular such as
documents, property auction, legal consultancy. The bailiff proceeds
documents when individuals or organizations request directly. Other
duties of the bailiff.
2.1.2.2. The legal nature of the bailiff activities
First, activities of the bailiff with state power. Second, activities of
the bailiff with administrative and legal nature. Third, the bailiff's
activities with a free profession. Thus, in relation to the justice system
and to the people, the services provided by the bailiffs are essentially
judicial complementary activities.
2.1.3. The relationship between bailiffs and relevant authorities
2.1.3.1. The relationship between bailiffs and civil judgment
execution agencies
This is an equal and socialized relationship between the public civil
judgment enforcement agency and the judgment execution organization
by the legal service.
2.1.3.2. The relationship between bailiffs and the judicial agencies
The bailiff office is responsible for making quarterly reports to the
Department of Justice. The bailiff office shall make reports to serve

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inspection, examination and supervision of operations, financial
management and taxation under the law.
2.1.3.3. The relationship between bailiffs and the People's Court
It can be said that this is a coordination-supportive relationship
between bailiffs and the court clerk.
2.1.3.4. The relationship between bailiffs and notaries
Notary and bailiff activities are all aimed to prevent disputes and
protect the best legal rights and interests. However, the activities of
these two titles are not overlapping.
2.1.3.5. The relationship between bailiffs and grassroots
administrations
The bailiff is a service organization in the area, so it is controlled by
the local People's Committee under the law to coordinate and assist the
bailiff, first of all in accordance with the law on procedure and civil
judgment execution.
2.1.3.6. The relationship between bailiffs and the lawyers
The bailiff and the lawyer have a close relationship, the bailiff's
activity is an important factor for the lawyer to well perform his works,
the lawyer will be an important customer of the bailiff while the bailiff
is a companion, partner and effective assistant in the practice of lawyer.
2.2. Overview of legal theory on bailiffs
2.2.1. The need to adjust the law relating to bailiffs
First, sending on documents of the bailiff is associated with
activities of the proceeding agencies, this means that it will directly
affect timelines, statute of limitations, the lawful rights and obligations
of proceeding participants. Second, in many cases, documents made by
the bailiff will be evidence for the state agencies and proceeding

agencies to deal with specific cases. Third, verifying conditions of
judgment execution and civil judgment execution undertook by the
bailiff, without the adjustment of the law, the bailiff activities will
hardly be effective. Fourth, the state should issue the provisions of the
law to regulate all relationships of organizations, operational body of
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the bailiffs. Thus, the adjustment of the law on the bailiffs mainly
focuses on two main issues including the bailiff’s organization and
operation.
2.2.2. The concept and characteristics of the law on bailiffs
2.2.2.1. The concept of the law on bailiffs
The law on bailiffs is a system of legal regulations promulgated and
guaranteed by the State to regulate the law on social relations arising
from organization and operation of the bailiffs; regulations on bailiffs,
the bailiff offices, scope, procedures for performing bailiff works;
dealing with complaints and the state management of bailiffs;
organizations and individuals related to the bailiff operations;
regulations on functions, tasks and power of competent agencies in the
process of managing and organizing the bailiff operation.
2.2.2.2. Characteristics of the law on bailiffs
The bailiff's law stipulates that the State-authorized implementation
activities are the overall provisions on the order and procedures which
are implemented in reality. The bailiff’s law is a tool to regulate
activities of legal entities to impact on the bailiffs so that legal entities
can actively collect evidence and protect their lawful rights and
interests. The bailiff’s law is an entire of legal norms that reflect the
specificity of bailiffs, is a legal service to summarize the provisions of
the law relating to organizations and operation of the bailiffs.

2.2.3. The basic content of the law on bailiffs
First, stipulating the legal regulations for bailiffs. Second, stipulating
the organizational structure and operation of the bailiffs: The bailiff is a
standard person who is appointed and empowered by the State to do
civil judgment execution; sending on documents, making documents
under the provisions of the law and relevant regulations.
Third, stipulating authority to the bailiff’s operation. (1) the bailiff’s
operation just takes place in a certain territory; (2) the bailiff’s operation
is valid nationwide; (3) the mixed models; (4) the state management on
bailiffs.
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2.2.4. Factors affecting the law on bailiffs
First, political factor; second, economic factor; third, socio-cultural
factor; fourth, historical factor.
Chapter 3
THE REALITY OF THE LAW ON BAILIFFS AND
ENFORCEMENT IN VIETNAM TODAY
3.1. The reality of provisions of the law on bailiffs in Vietnam
3.1.1. Legal institutions on bailiffs in historical periods
3.1.1.1. Bailiff institutions in Vietnam before 1975
The bailiff has appeared in our country since the beginning of the
feudal state. In the feudal period, before France came to Vietnam,
although the bailiff did not appear in the true meaning of its name, from
the general viewpoint, with the nature of work that some feudal “public
officials” must do such as subpoena, pass the ballot, prepare files, then
it is possible to affirm “public officials” with the title of bailiff already
existed in our country in the feudal period until the South Vietnam was
completely liberated.

3.1.1.2. Bailiff institutions in Vietnam after 1975
Based on Resolution No. 49-NQ/TW assigned to relevant ministries
and agencies to study the model of bailiffs and implement a pilot in
HCMC. Then, Resolution No. 24/2008/QH12 “to implement the policy
of socialization of some mission related to civil judgment execution, the
Government was assigned to regulate the organization of pilot
implementation of bailiff institution (Executors) in some localities. The
pilot will be implemented since the law takes effect until July 1, 2012”
The Prime Minister approved the Project of “Pilot implementation of
bailiff institutions in HCMC”. On July 24, 2009, the Government issued
Decree No. 61/2009/ND-CP stipulating on the organization and pilot
activities of the bailiffs in HCMC.
3.1.2. The reality of the law on bailiffs in Vietnam today
3.1.2.1. The reality of the provisions of the law
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Resolution No. 49-NQ/TW to implement the bailiff institutions,
Decree No. 61/2009/ND-CP, the guiding Circular to implement the
National Assembly’s Resolution and the Government’s Decree such as
Circular No. 03/2009/TT-BTP, Joint Circular No. 12/2010/TTLT-BTPTANDTC-BTC; Joint Circular No. 13/2010/TTLT-BTP-TANDTCVKSNDTC; Resolution No. 36/2012/QH13 dated November 23, 2012,
Decree No. 135/2013/ND-CP on amending and supplementing the
names and some articles of Decree No. 61/2009/ND-CP; Joint Circular
No. 03/2014/TTLT-BTP-NHNNVN; Joint Circular No. 09/2014/TTLTBTP-TANDTC-VKSNDTC.
First, the general regulations on bailiffs. Second, the legal
regulations on bailiffs, appointment of bailiffs; duties and powers of
bailiffs; the issue that bailiffs are not allowed to be performed which
stipulated in Decree 135/2013/ND-CP on amending Decree
61/2009/ND-CP; dismiss bailiffs from their duties. Third, regulations
on the organization of the bailiff's Office; Fourth, provisions on the

bailiff's operation: the provisions of the law on sending on the bailiff’s
documents; regulations on the verification of civil judgment execution
conditions; regulations on directly executing judgments and decisions
by the request of involved parties; regulations on the conduct of bailiffs.
Fifth, state management regulations on bailiffs.
3.1.2.1. Assessing the reality of the law on bailiffs in Vietnam today
First, the improvement of bailiff institution over the years has been
slow. Second, the provisions of the law on bailiffs are still overlapping.
Third, some important contents related to bailiff organizations have not
been mentioned. This is reason why the law on bailiffs needs to
supplement regulations to address the posing issues so as to create a
closely legal framework for bailiff offices in Vietnam in the current
period.
3.2. The implementation of the law on bailiffs in Vietnam today
3.2.1. The implementation of the bailiff institution in the pilot stage
3.2.1.1. The development of bailiff teams and bailiff offices
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Immediately after the above plan was issued, the Ministry of Justice
appointed 53 cases as bailiffs; license to 08 bailiff offices along with 33
bailiffs, 68 bailiff secretaries and 33 other employees working in these
offices (as of December 31, 2012). After expanding the pilot, according
to the report of the General Department of Civil Judgment Execution,
the Ministry of Justice issued 273 bailiff practice certificates for 273
cases, appointing 135 bailiffs in 12 localities where are expanded the
pilot. By 30 March 2014, the total number of bailiff offices across the
country was 39, most of which were licensed to operate. As of the end
of the pilot period on 31 December 2015, the whole country had 53
bailiff Offices in 13 pilot localities, with a total of 638 employees, of

which 135 bailiffs, 306 professional secretaries and 197 other
employees.
3.2.1.2. Some specific activities of the bailiffs
According to the report (August 3, 2012 in HCMC), after 02 years of
operation, the total revenue of 8 bailiff offices is more than VND 17.1
billion, especially the number of cases and revenue tend to increase over
the years. Specifically, the bailiff offices sent on 103,218 documents,
made and have registered a total of 5,020 documents at the Department
of Justice, have verified 147 cases to execute judgment and directly
execute judgment of 26 cases. by December 31, 2015, immediately after
the end of the pilot expansion by the National Assembly’s Resolution,
the bailiff offices sent on 1 million documents of the Court and civil
judgment execution agencies, set up 57 thousand documents and
verified the conditions of judgment execution for nearly 1,000 works,
directly executed nearly 500 cases and reaching a total turnover of
nearly VND171 billion.
3.2.1.2. Some assessments on the reality of implementing the law on
bailiffs in the pilot stage
The pilot of bailiff institutions is a completely correct policy of the
Party and the State. The pilot implementation has received good
coordination from relevant agencies and the widespread support of the
17


people. Thus, it can be affirmed that the bailiff institutions have brought
great benefits to the people and to the State. However, there have been
so far shortcomings and inadequacies as follows:
Shortcomings and inadequacies of awareness, institutions,
organization, human resources and operational outcomes of the bailiff
offices. These shortcomings and inadequacies are due to several

reasons:
First, this institution has not yet built a thorough and unified
institution on awareness and action to the organizations and agencies, as
well as propagandize widely to the people and society about the bailiff
services. Second, the pilot period under Resolution No. 24/2008/QH12
is too short, so the pilot expansion has not been implemented.
Therefore, until the end of the pilot, there are still localities that have
not yet completed the assigned tasks when piloting in reality. Third, due
to the people’s apprehension and they are not really trust bailiff’s
works. Fourth, due to being in the pilot state, there are still shortages or
conflicts and overlapping in the documents.
3.2.2. The implementation of the bailiff institutions nationwide
3.2.2.1. The development of bailiff teams and bailiff offices
From 1 January 2016 to April 2018, in addition to 13 pilot localities,
the Ministry of Justice approved the Project on implementation of
bailiff institutions of 17 localities, with the total number of 67 bailiff
offices, appointed 542 bailiffs, granted practicing card for 230 bailiffs
and dismissed 07 cases by their personal wishes. Currently, the number
of bailiff offices has increased by 81 nationwide and will continue to
increase in the near future.
3.2.2.2. Some specific activities of the bailiffs
By October 2017, the bailiff offices sent on 495 thousand documents
of the Court and civil judgment execution agencies, set up nearly 52
thousand documents, verified the judgment execution of 22 events,
directly organized the judgment execution of over 50 cases, the total
revenue reached nearly VND 92 billion, increased VND 52 billion from
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2016 (the amount of increasing is mainly due to the setting up

documents, increased twofold from 2016). Amongst bailiff activities,
sending on documents and setting up documents account for 98% of the
total revenue). From 1 October 2017 to 31 July 2018, the bailiff offices
sent on more than 564,833 documents (of which: the court’s documents
are 514,794 and of the civil judgment execution agencies are 50,039),
set up nearly 83,384 documents, verified the conditions for judgment
execution of nearly 11 events, directly organized the execution of 24
cases, the total revenue reached more than VND 116 billion, increased
19 billion from the same period of last year (the increase is mainly due
to the setting up documents and some other localities implemented the
bailiff institutions). Amongst 4 activities of the bailiff, sending on
documents and setting up documents accounting for 99.3% of the total
revenue, verifying the conditions for judgment execution and
organizing the execution accounting for 0.7% of the total revenue
(According to report No. 782/BTTP-TPL).
3.2.2.3. Some preliminary assessments on the reality of
implementing the law on bailiffs in the current period
The bailiff’s activities have contributed to improving the efficiency
and quality of the trial, protecting the lawful rights and interests of
parties when participating in the proceedings, cases are correctly heart
by the court to be increasing, the limitations of sending procedural
documents via post have basically been overcome. Some documents
have been used as evidence in lawsuits and have important
contributions to claimant’s claim. In fact, the implementation of
provisions of the law on bailiffs still has many shortcomings and
limitations: First, although the awareness of the people, state agencies
and social organizations has been raising, there are still many agencies,
organizations and individuals who have not yet been fully aware of their
responsibility in implementing existing regulations on bailiffs. Second,
in fact, the implementation of many regulations has met with many

obstacles and embarrassments. Third, the actual outcomes are not
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commensurate with practical requirements. Fourth, the inspection and
supervision of law enforcement of bailiffs by the authorities are not
regular.
Chapter 4
ORIENTATIONS AND SOLUTIONS TO IMPROVE THE LAW
ON BAILIFFS IN VIETNAM TODAY
4.1. Orientations of improving the law on bailiffs in Vietnam
4.1.1. Improving the law on bailiffs must closely associate with
building the socialist rule-of-law state of Vietnam
One of the basic requirements and tasks of building a rule-of-law
state is to have a complete legal system to regulate all aspects of social
life. The process of institutional improvement on bailiffs or in other
words, building the law on bailiffs requires competent entities must
always follow the principles, criteria and requirements of building the
rule-of-law state and the law in the rule-of-law state. This means that it
is necessary to ensure the consistency, science, validity and efficiency.
4.1.2. Improving the law on bailiffs must closely associate with the
issue of administrative reform, judicial and legal reform
Administrative, judicial and legal reform are major policy of the
party and the state. By issuing many Resolutions on administrative,
judicial and legal reforms, it has shown the Party's strong determination
to innovate. This also poses many important and heavy tasks for the
political system such as renovating the organizational structure of state
agencies, streamlining staffs and socializing some public-service
activities; building a transparent and feasible legal system.
4.1.3. Improving the law on bailiffs must closely associate with the

issue of protecting human rights and the basic rights of citizens
Human and civil rights in the proceedings and judgment execution
are very important. In judgment execution, when the judgment took
effect, the involved party has the right to request the judgment
execution, this is a legitimate right protected by law. Expanding the
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authority to enforce civil judgments in the direction of assigning bailiffs
to undertake some works which will make an important contribution to
strengthening the protection of this right, the people have one more
mechanism to well protect their right.
4.1.4. Improving the law on bailiffs with the issue of international
integration
When we build the bailiff institution, international experiences are
especially valuable. It is necessary to have a combination of
international legal background on the bailiffs with practical conditions
in our country. Therefore, international integration is both a premise and
a mandatory requirement if we want to improve the the legal institution
on bailiffs. In contrast, improving the law on bailiffs helps us to
integrate deeply in this new field.
4.2. Solutions to improve the law on bailiffs in Vietnam today
4.2.1. Solutions to improve the law on bailiffs in Vietnam in the
near future
4.2.1.1. Improving the current regulations on organization and
operation of the bailiffs
First, issuing a Decree to replace Decree No. 61/2009/ND-CP and
Decree No. 135/2013/ND-CP.
(1) The regulations on the organization and apparatus of the bailiffs
It is necessary to stipulate in the new decree on the operation model

of bailiff offices, accordingly, the bailiff offices must be “specific
enterprises” and conditional business. In this way, relevant documents
will have the basis for adjusting this new institution.
(2) Stipulating what the bailiff are supposed to do
* Setting up documents: Issuing the guiding documents under the
bailiff authority; registering documents and responsibility of the
registration office. Considering this proposal to broaden jurisdiction of
the bailiffs and localities to set up documents of the bailiffs.
* On sending on documents: it is necessary to have unification of
the provisions of the civil procedure code on the procedures for issuing,
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sending on documents or notifying directly to individuals and public
listing procedures.
* On judgment execution and verification of judgment execution
conditions: Issuing a new Decree on organization and operation of
bailiffs, concretizing new regulations in the codes and Procedure Law
related to bailiff activities such as sending on documents of the court,
setting up documents, verifying conditions of civil judgment execution
to make a synchronous legal basis of the bailiff activities.
Supplementing regulations on sanctions, handling of administrative
violations in the bailiff activities; legalize the judicial complementary
role in the legal work and issuing a separate Law on the bailiffs.
Second, amending and supplementing the provisions of other legal
documents related to the organization and operation of the bailiff; For
the Criminal Procedure Code, the Civil Procedure Code; Civil judgment
execution law; Law on Organization of People’s Procuracies, Law on
Organization of People’s Courts, Enterprise Law, Tax Law, Credit Law,
Insurance Law.

4.2.1.2. Reforming the way of law enforcement on bailiffs
Completing politico-legal basis: it is necessary to complete the
Party’s Resolutions on administrative and judicial reform are the direct
political bases for the re-establishment and sustainable development of
the profession of bailiffs in particular and the socialization of judgment
execution in general. Completing the policy of developing social and
professional organizations of the bailiffs. Completing the social basis
for the sustainable development of the bailiff profession and continuing
to promote the socialization of civil judgment execution.
4.2.2. Solutions to improve the law on bailiffs in Vietnam in the
next roadmap
4.2.2.1. Improving regulations on organization and operation of the
bailiffs
The basic and long-term solution is that we have to formulate and
enact a law on bailiffs. The law on bailiffs should be researched and
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developed by concreting all issues of organization and operation of the
bailiffs, including relevant legal norms.
4.2.2.2. Innovating the way of law enforcement on the bailiffs
(i) Innovating the way of propagation, dissemination and education
of laws on bailiffs; (ii) Innovating the way of examining, supervising
and managing the law enforcement on the bailiffs; (iii) Strengthening
the effectiveness of settling complaints and denunciations in the bailiff
operation; (iv) Ensuring conditions of facilities, science and technology
to implement the law on bailiffs. Applying information technology in
managing, directing and settling bailiffs while sending on documents of
foreign competent authorities under the provisions of the law on judicial
assistance (the 1965 Hague Convention) and sending on documents of

other agencies and organizations (the state administrative agencies and
legal aid practicing organizations); (v) Promoting the training and
retraining course of bailiffs.

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