DECREE

ON PILOT ORGANIZATION AND PERFORMANCE OF BAILIFFS IN HO CHI MINH CITY

THE GOVERNMENT

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Resolution No.24/2008/QH12 dated November14, 2008 of the 12th National Assembly;
At the request of the Minister of Justice,

HEREBY DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for bailiffs and offices thereof; scope and procedures for performing tasks of a bailiff; handling of complaints and denunciations and control and supervision of pilot performance of bailiffs in Ho Chi Minh City.

Article 2. Definition

For the purpose of this Decree, the terms below shall be construed as follows:

1. “bailiff” refers to any persons appointed by the State to perform tasks regarding civil judgment enforcement, legal document serving, preparation of bailiff’s certified reports and other tasks specified in this Decree and relevant law provisions.

2. “bailiff’s certified report” refers to any written report prepared by bailiffs recording events and behaviors and used as an evidence in court hearing and other legal relationships.

3. “serving” refers to notification and delivery of documents issued by the Court and civil judgment enforcement agencies performed by bailiffs as per law provisions.

Article 3. Permitted tasks performed by bailiffs

1. Serving legal documents at the request of the Court or civil judgment enforcement agencies.

2. Preparing bailiff’s certified reports at the request of organizations or individuals.

3. Verifying conditions for enforcement of Courts’ judgments at the request of the litigants.

4. Directly organizing enforcement of Courts’ judgments and decisions at the request of the litigants. A bailiff shall not organize enforcement of Courts' judgments and decisions subject to enforcement decisions issued by Directors of civil judgment enforcement agencies.

Article 4. Ensuring effect of tasks performed by bailiffs

1. Regulatory agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and people's armed force, as assigned and authorized, and individuals shall comply with requests of bailiffs as per law provisions.

2. Any organization or individual refusing the request of the bailiff against law provisions shall take responsibility for such refusal and compensate for damage, if any.

Article 5. Duties and rights of bailiffs

1. A bailiff must perform his/her job in an honest and impartial manner; strictly comply with laws, regulations on organization, performance and professional ethics of bailiffs and take legal responsibility for his/her performance.

2. When performing tasks regarding civil judgment enforcement, the bailiff may have rights of an enforcer as specified in Article 20 of the Law on Enforcement of Civil Judgments, exclusive of Clause 9 and 10 and the power to impose sanctions against administrative violations. Coercive judgment enforcement that requires mobilization of the security guard force shall apply regulations specified in Article 40 hereof.

Article 6. Prohibited tasks

A bailiff is not permitted to:

1. reveal information about his/her jobs, unless permitted by the law.

2. ask for any benefit other than the bailiff service cost specified in the contract.

3. undertake tasks related to personal rights and interests of his/her and rights and interests of his/her relatives, including: spouse, blood-related children, adopted children, parents, foster parents, grandparents, uncles, aunts and siblings of his/her or his/her spouse; his/her nephews or nieces or grandchildren.

4. Other prohibited acts as per law provisions.

Article 7. Costs for performing bailiff’s tasks

1. The cost for bailiff service shall be specified in the contract between the bailiff’s office and the requester.

2. The cost for preparing bailiff’s certified report and verifying conditions for enforcement of civil judgments shall be mutually decided by the bailiff’s office and the person requesting such services according to the task performed or working time.

The bailiff’s office and bailiff service requester may enter into an agreement on the cost incurred including transportation cost, service charges paid to information providers; gratuity given to the witness, participants or other costs (if any).

3. The process serving cost shall be mutually decided by the civil judgment enforcement agency and bailiff’s office. To be specific:

a) For the case in which the process serving cost is paid by the litigant, such amount shall be collected and transferred to the bailiff’s office by the Court or civil judgment enforcement agency.

b) For the case in which the process serving cost is covered by state budget, such amount shall be transferred to the bailiff’s office by the civil judgment enforcement agency.

4. If the bailiff’s office directly organizes enforcement of the Court’s judgment, it may collect the enforcement costs according to the civil judgment enforcement charge in conformity with the law provision on civil judgment enforcement charge.

As for complicated cases, the bailiff’s office and the judgment enforcement requester may enter into an agreement on the judgment enforcement cost.

5. For the case in which the judgment creditor qualifies for remission of the judgment enforcement charge or the judgment debtor qualifies for remission the coercive judgment enforcement cost as per law provisions, the head of bailiff’s office shall send an application for exemption to the Director of the civil judgment enforcement agency in order to carry out the procedure for refunding the money amount exempted from state budget to the bailiff’s office.

6. The Ministry of Justice shall take charge and cooperate with the Supreme People’s Court and Ministry of Finance in providing guidelines for bailiff service costs.

Article 8. State management in bailiffs

1. The Government shall achieve consistency in state management in bailiffs.

2. The Ministry of Justice shall assist the Government in state management in bailiffs and perform the following duties and rights:

a) Issue, as authorized, and suggest competent authorities to issue legislative documents on bailiffs;

b) Provide guidelines on professional skills in bailiff service and inspection of bailiffs’ performance;

c) Provide training for bailiffs;

d) Appoint and dismiss bailiffs; grant and revoke bailiff cards;

dd) Handle complaints and denunciations about bailiffs' performance as per law provisions.

3. People’s Committee of Ho Chi Minh City shall take charge of state management in Ho Chi Minh City bailiffs and perform the following duties and rights:

a) Plan and develop the bailiff profession in Ho Chi Minh City; disseminating law provisions on bailiffs;

b) Grant permission for establishment and dissolution of bailiff’s offices;

c) Provide guidelines for inspection and handle complains about and denunciations of bailiffs’ performance.

4. Ho Chi Minh City Justice Department shall assist People's Committee of Ho Chi Minh City in state management in Ho Chi Minh City bailiffs and perform the following duties and rights:

a) Receive applications and send proposals of appointment and dismissal of bailiffs to the Minister of Justice;

b) Receive applications and send proposal for permission for establishment and dissolution of bailiffs’ offices to People’s Committee of Ho Chi Minh City;

c) Grant and revoke operation registration certificate of bailiffs ‘offices;

d) Carry out inspection of bailiffs' performance;

dd) Handle complaints and denunciations about bailiffs' performance as per law provisions.

Article 9. Incentive policies intended for organizations and individuals practicing bailiff profession

1. The State shall encourage individuals to practice bailiff profession.

2. Bailiff’s offices may be exempt from corporate income tax during pilot process.

Chapter 2.

BAILIFFS AND BAILIFF’S OFFICE

SECTION 1. BAILIFFS

Article 10. Standards for appointment of bailiffs
Any person may be appointed as a bailiff if he/she:

1. is a Vietnamese citizen and attains fitness to work and has good moral quality;

2. has no previous conviction;

3. possesses a bachelor’s degree in law;

4. has worked in the field of law for more than 5 years or used to work as a judge, procurator, lawyer; enforcer, notary or investigator of intermediate level and higher;

5. obtains a certificate in completion of training course in bailiff profession offered by the Ministry of Justice;

6. does not concurrently perform work of a notary and lawyer and other jobs as per law provisions.

Article 11. Power to appoint bailiffs

The Minister of Justice shall appoint bailiffs upon consideration of request of the Director of Ho Chi Minh City Justice Department.

Article 12. Procedures for appointing bailiffs

1. Any person who wishes to be appointed as a bailiff shall send an application to Ho Chi Minh City Justice Department. The application includes an application form for appointment to bailiffs; a fit for work certificate; curriculum vitae and police (clearance) certificate; copies of diplomas and certificates and other necessary papers as prescribed in Article 10 hereof.

2. The Director of Ho Chi Minh City Justice Department shall consider and request the Minister of Justice to appoint the bailiff if the application is found satisfactory within 15 days from the day on which the application is received.

In case the application is rejected, a written explanation shall be provided for the applicant.

3. The Minister of Justice shall consider and appoint bailiffs within 30 days from the day on which the request is received.

4. Any person appointed as bailiff shall be granted a bailiff card by the Ministry of Justice.

Article 13. Bailiff dismissal

Dismissal of bailiff shall be claimed if:

1. the bailiff wishes for such dismissal.

2. the bailiff falls into the following case:

a) No longer meeting the standards specified in Article 10 hereof.

b) Having his/her legal capacity lost or limited;

c) Failing to practice the bailiff profession for 6 months or more from the appointment date, except for plausible reasons;

d) Having faced the second penalty for administrative violations in practicing bailiff profession but continue to commit violations or having received the second warning but continue to commit violations;

e) Being convicted under the Court’s judgment that has come into force.

3. The Minister of Justice shall decide to dismiss the bailiff on his/her own or at the request of the Ho Chi Minh City Justice Department.

The application for bailiff dismissal in the case specified in Clause 1 this Article shall include an application form for dismissal sent to the Ho Chi Minh City Justice Department and the written request of such Department.

The application for bailiff dismissal in cases specified in Clause 2 this Article shall include relevant documents as a basis for dismissal request.

4. The Minister of Justice shall consider whether to dismiss the bailiff and revoke the bailiff card within 15working days from the day on which the application for dismissal is received.

Article14. Handling of violations committed by bailiffs

1. A bailiff shall face a penalty for his/her administrative violations depending on the seriousness and nature of his/her violation in accordance with law provisions on handling of administrative violations.

2. In addition to the form of handling of administrative violations prescribed in Clause 1 this Article, the bailiff may:

a) be dismissed and has his/her bailiff card revoked, except for the case in which this form of handling has been included in the administrative violation handling measure.

b) face criminal charges or pay compensation for damage (if any) as per law provisions.

3. The power to handle violations:

a) The power to handle administrative violations shall comply with law provisions on handling of administrative violations,

b) The Minister of Justice shall hold the power to handle violations by dismissing the bailiff and revoking the bailiff’s card.

c) Criminal prosecution and civil prosecution shall comply with law provisions.

SECTION 2. BAILIFF’S OFFICE

Article 15. Bailiff’s office

1. A bailiff’s office is a bailiff practice institution.

2. The name of a bailiff’s office shall include the phrase “Văn phòng Thừa phát lại” (“Bailiff’s office”) and the proper name of such office. Naming and nameplating shall comply with law provisions.

3. The organizational structure of a bailiff’s office includes:

a) A head of the office-a bailiff who is the legal representative of the bailiff's office.

b) Bailiffs that are founder members for the case in which there is more than one founder member; bailiffs working in the bailiff’s office under labor contracts.

c) A bailiff's secretary who works for the bailiff's office and assists the bailiff in performing legal work. Any bailiff's secretary must satisfy standards specified in Clauses 1, 2,3 and 6 Article 10 hereof.

d) Accountants;

dd) Other administrative staff (if any).

4. The bailiff’s office shall have its own headquarters, stamp and account, and operates under the financial autonomy regulation. The stamp of the bailiff’s office shall not include the image of national emblem of Vietnam and shall be decided by the Ministry of Public Security.

5. The organizational structure, management, operation and financial mechanism of the bailiff’s office shall comply with regulations hereof. If they are not prescribed in this Decree, regulations of the Enterprise Law shall apply.

6. The Ministry of Justice shall provide regulations on records, bailiff service forms, communications and reporting regime of the bailiff's office.

Article 16. Conditions for establishment of bailiff’s office

The establishment of bailiff’s office shall meet the following conditions:

1. The headquarters of the bailiff's office must be large enough to ensure operations of the office, offer favorable conditions for document storage and the customers and have other necessary material conditions for its operations.

2. The organization structure of the office shall comply with regulations in Clause 3 Article 15 hereof.

Article 17. Procedures for establishing bailiff's office

1. Any bailiff establishing the bailiff’s office shall send an application for establishment to the Ho Chi Minh City Justice Department which is then sent to People’s Committee of Ho Chi Minh City. The application includes:

a) An application form for establishment of bailiff’s office;

b) The scheme on establishment of bailiff’s office which specifies necessity for establishment; estimation of organizational structure and name; staff organization, including number, job positions and qualifications of such staff; location, material conditions and plans for establishment.

The scheme shall be provided together with documents proving that such bailiff is eligible to found a bailiff's office as prescribed in Article 16 hereof.

c) A copy of decision on bailiff appointment.

2. Ho Chi Minh City Justice Department shall appraise the application and send it to People's Committee of Ho Chi Minh City for considering and permitting establishment of the bailiff's office within 15 days from the day on which the satisfactory application is received. A written explanation shall be provided in case the application is rejected. The applicant whose application is rejected may send an appeal as per law provisions.

Article 18. Registration of operations of bailiff’s office

1. Any bailiff that wishes to register operations of his/her bailiff office must:

a) open an account and register a tax code;

b) make a deposit of VND 100 million or be covered by occupational responsibility insurance. The deposit shall be made at the credit institution in Ho Chi Minh City.

c) provide documents proving that he/she is eligible to found the bailiff's office.

2. The bailiff shall make registration of operation of his/her bailiff office with Ho Chi Minh City Justice Department within 30 days from the day on which the decision on permission for establishment is received.

An application form for registration and documents proving that the bailiff is eligible to register operation of the bailiff's office as prescribed in Clause 1 this Article shall be provided when registering operation of the bailiff’s office.

The Ho Chi Minh City Justice Department shall grant the bailiff's office operation registration certificate within 10 working days from the day on which application for registration is received and provide explanation in writing if such application is rejected. The applicant whose application is rejected may appeal per law provisions.

The bailiff’s office is permitted to operate from the day on which the operation registration certificate is issued by Ho Chi Minh City Justice Department.

3. Any change of headquarters, name or the list of bailiffs of the bailiff's office shall be informed in writing to Ho Chi Minh City Justice Department where the operation registration is made. In case of changes of name or headquarters, the bailiff's office may be re-granted the operation registration certificate.

4. The Ho Chi Minh City Justice Department shall inform in writing the Ho Chi Minh City Tax Department, statistics offices, Ho Chi Minh City Public Security Department, District-level People's Committees in Ho Chi Minh City and commune-level People's Committee of the place in which the headquarters of the bailiff's office is located of changes in the name or headquarters of the bailiff's office within 10 working days from the day on which the operation registration certificate of such bailiff’s office is granted or re-granted due to the aforesaid changes.

5. The founder of the bailiff's office shall not transfer or lease out such bailiff's office.

Article 19. Publication of registration of operation of bailiff’s office in newspapers

1. The bailiff shall place the following information in central newspapers or newspapers published in the area where the operation registration is made in three consecutive volumes within 30 days from the day on which the operation registration certificate is granted:

a) Name and address of the headquarters of the bailiff's office;

b) Full names and number of the decisions of appointment of bailiffs working in the bailiff’s office;

c) Number and issuance date of the operation registration certificate, registration place and beginning date of operation.

2. In case the operation registration certificate is re-granted due to changes of name and headquarters of the bailiff's office, information provided in the re-granted operation registration certificate shall be placed in the newspaper as prescribed in Clause 1 this Article.

Article 20. Handling of violations committed by bailiff’s office

1. The bailiff’s office shall face the following penalties for violations depending on the seriousness and nature of such violations:

a) Temporary suspension of operation for 3 to 12 months;

b) Suspension of operation and revocation of the decision permitting establishment of the bailiff’s office.

2. The offended bailiff’s office shall face penalties for administrative violations under law provisions on handling of administrative violations and pay compensation for damage (if any) as per law provisions.

3. The power to handle violations:

a) Director of Ho Chi Minh City Justice Department shall hold the power to handle violations as specified in Point a Clause 1 this Article;

b) Chairperson of Ho Chi Minh City People's Committee shall hold the power to handle violations as prescribed in Points b Clause 1 this Article.

Chapter 3.

PROCEDURES FOR PERFORMING BAILIFF'S TASKS

SECTION 1. SERVING DOCUMENTS ISSUED BY CIVIL JUDGMENT ENFORCEMENT AGENCIES AND COURTS

Article 21. Power and scope for document serving

1. The bailiff's office may serve legal documents issued by Ho Chi Minh City civil judgment enforcement agencies in Ho Chi Minh City, district-level civil judgment enforcement agencies in Ho Chi Minh City; Ho Chi Minh City People’s Court and district-level People’s Courts in Ho Chi Minh City under agreement.

2. The bailiff may serve documents issued by Courts and civil judgment enforcement agencies specified in Clause 1 this Article outside of Ho Chi Minh City.

Article 22. Delivery and receipt of documents to be served

The civil judgment enforcement agency and the Court shall send a list of decisions and papers to be served to the bailiff’s office which specifies time for process serve. The list of decisions and papers to be served must be made in 2 copies; each shall be delivered to and signed by the representative of the bailiff's office and representative of the civil judgment enforcement agency or the Court.

Decisions and papers to be served that are received from the civil judgment enforcement agency or the Court shall be recorded in the logbook of the bailiff's office.

Article 23. Service of process

1. The head of the bailiff’s office may assign the office’s secretary to serve documents, unless agreements specifying that legal documents must be served by the bailiffs themselves.

2. Service of process shall comply with law provisions on civil judgment enforcement.

3. The procedure for serving Court’s judgments shall comply with law provisions on procedure.

4. Legal documents shall be considered to be served successfully if the procedures specified in Clause 2 and 3 this Article are observed. The bailiff shall file service of process result and a proof of service with the civil judgment enforcement agency or the Court within 2 working days from the day on which court papers are served, unless otherwise agreed.

Such result shall be recorded in the logbook of decisions and papers to be served.

5. The bailiff’s office shall be responsible to the Court or the civil judgment enforcement agency if the court papers are served in an inaccurate manner or against the procedure or behind schedule and pay compensation for damage (if any) as regulated.

Article 24. Agreements on service of process

1. The agreement on service of process shall be signed between the bailiff’s office and the civil judgment enforcement agency or the Court in the form of contract and shall include the following information:

a) The document to be served or task to be noticed;

b) Time for executing the contract;

c) Document serving procedure or notice procedure;

d) Rights and obligations of the parties;

dd) The cost for serving documents

2. A civil judgment enforcement agency or a Court may enter in to a contract with one bailiff's office. A bailiff’s office may enter into contract with more than one civil judgment enforcement agency or Court in Ho Chi Minh City specified in Article 21 hereof.

SECTION 2. PREPARIRING BAILIFF’S CERTIFIED REPORTS

Article 25. Power and scope for preparing bailiff’s certified reports

1. The bailiff may prepare certified reports on events and acts at the request of the litigants, except for cases specified in Article 6 hereof, cases that violates regulations on assurance of security, national defense, private life and social ethics and cases prohibited by laws.

2. The bailiff may make certified reports on events and acts in Ho Chi Minh City.

Article 26. Procedures for preparing bailiff’s certified reports

1. Certified reports shall be prepared by the bailiffs themselves. The bailiff’s secretary may assist the bailiff in preparing bailiff’s certified reports; however, such bailiff must take responsibility for certified reports made.

2. The bailiff's certified report provides record of events and acts witnessed by the bailiff in an honest and impartial manner.

3. The bailiff may invite other people to witness preparation of bailiff’s certified reports.

4. The bailiff's certified report shall be made into 3 copies. One copy shall be kept by the requester while the other is sent to Ho Chi Minh City Justice Ho Chi Minh city for registration purpose within 3 working days from the day on which such certified report is prepared and the last one will be kept at the bailiff's office in accordance with law provisions on storage of notary documents.

5. The Ho Chi Minh City Justice Department shall record the bailiff's certified report in the registration book within 2 working days from the day on which such certified report is received.

Article 27. Forms and primary contents of bailiff’s certified reports

1. A bailiff’s certified report shall be made in writing in Vietnamese and include the following information:

a) Name and address of the headquarters of the bailiff's office; full name of the bailiff preparing the certified report;

b) Location, time and date of preparation of the bailiff’s certified report;

c) Other participants (if any);

d) Full name and address of the requester and events to be recorded in the bailiff’s certified report;

dd) Detailed information about the event or act recorded;

e) The commitment on honesty and impartiality of the bailiff;

g) The signature of the bailiff and stamp of the bailiff's office, signatures of participants or witnesses (if any) and signatures of persons committing acts that are recorded in the bailiff’s certified report.

2. The bailiff’s certified report may be provided with photos, video and other proof.

Article 28. Legal validity of bailiff's certified reports

1. A bailiff’s certified report shall be considered as certified evidence for the Court to handle the case.

2. A bailiff’s certified report shall be considered as a basis for carrying out other lawful transactions as per law provisions.

Article 29. Agreements on preparation of bailiff’s certified reports

1. Any organization or individual requesting preparation of bailiff's certified reports shall reach an agreement with the head of the bailiff's office on the bailiff’s certified report including following information:

a) Events to be recorded;

b) Location and time for preparing bailiff’s certified report;

c) The cost for preparing bailiff’s certified report;

d) Other agreements, if any.

2. The agreement on preparation of bailiff’s certified report shall be made in 2 copies; each shall be kept by each party.

The requester shall provide information and documents relating to the event to be record in the bailiff’s certified report, if any.

3. The bailiff's office shall record the agreement on bailiff’s certified report preparation in its logbook.

SECION 3. VERIFYING CONDITIONS FOR ENFORCEMENT OF CIVIL JUDGMENTS

Article 30. Power and scope of verification

The bailiff may verify conditions for enforcement of civil judgments that are enforced by civil judgment enforcement agencies in Ho Chi Minh City as authorized.

The bailiff may verify conditions for civil judgment enforcement outside Ho Chi Minh City for the case in which the litigants reside or possess assets or enforce civil judgments under conditions outside of Ho Chi Minh City.

Article 31. Procedures for verifying conditions for judgment enforcement

1. Conditions for judgment enforcement shall be verified with or without the written request for verification. For the case in which conditions for judgment enforcement are verified without any request, such verification must be recorded.

Relevant entities shall abide by the request of the bailiff and take responsibility for the information provided.

2. The bailiff may invite a specialized agency or an expert to clarify the condition to be verified where necessary.

3. Other regulations on procedures for verifying conditions for judgment enforcement shall comply with law provisions on judgment enforcement.

Article 32. Use of results of verification of conditions for judgment enforcement

1. The judgment creditor may use the result of verification of conditions for judgment enforcement provided by the bailiff (hereinafter referred to as “the verification result”) for the purpose of requesting the judgment enforcement. The civil judgment enforcement agency and bailiff’s office that hold the power to enforce judgments shall perform enforcement upon consideration of the verification result.

2. For the case in which there are grounds for proving that the verification result is inaccurate and one-sided, the civil judgment enforcement agency and the bailiff is permitted not to use such result but must provide explanation in writing.

Article 33. Agreements on verification of conditions for judgment enforcement

1. The judgment creditor, judgment debtor and the person with rights and interests related to judgment enforcement may reach an agreement on verification of conditions for judgment enforcement with the head of the bailiff's office. The agreement must at least contain:

a) Information to be verified which specifies whether to verify asset conditions or other conditions of the litigants;

b) Verification time;

c) Rights and obligations of the parties;

d) The verification cost;

dd) Other agreements, if any.

2. The bailiff's office shall record the aforesaid agreement in its logbook.

SECTION 4. DIRECT ENFORCEMENT OF COURTS' JUDGMENTS OR DECISIONS AT THE REQUEST OF LITIGANTS

Article 34. Power and scope of judgment enforcement by bailiffs

1. The bailiff may directly arrange judgment enforcement at the request of the litigants under the following court’s judgments and decisions:

a) First-instance judgments or decisions that came into force issued by Courts in the district where the bailiff's office is located.

b) Appellate court's judgments and decisions issued by provincial Courts on first-instance judgments and decisions of the Court in the district where the bailiff’s office is located;

c) Provincial Court’s decisions on cassation or reopening review of judgments or decisions which have came into force issued by the Court in the district where the bailiff’s office is located.

2. The bailiff may organize enforcement of judgments specified in Clause 1 this Article outside of the district where the bailiff’s office is located if the litigant possess assets or resides or have conditions to enforce judgments outside of the aforesaid district.

Article 35. Rights to request judgment enforcement

1. For the same request at the same time, the requester may send an application for judgment enforcement to a single bailiff's office or civil judgment enforcement agency.

The litigant may request the bailiff's office to re-verify conditions for civil judgment enforcement if the judgment on his/her case is enforced by the civil judgment enforcement agency.

2. The statute of limitations for requesting judgment enforcement shall comply with provisions of the Law on Enforcement of Civil Judgment.

Article 36. General procedures for judgment enforcement by bailiffs

The bailiff may complete procedures for judgment enforcement in compliance with regulations hereof; if such procedures are not prescribed in this Decree, provisions of the law on enforcement of civil judgments shall apply.

Article 37. Judgment enforcement decisions

1. The head of the bailiff’s office shall issue a decision on judgment enforcement within 5 working days from the day on which the judgment enforcement contract is signed with the requester, unless other agreements.

2. A judgment enforcement decision shall include the following information:

a) Name and address of the bailiff's office;

b) Issuance date;

c) Request given to the judgment debtor;

d) Time limit for voluntary judgment execution.

3. The bailiff's office shall record the judgment enforcement decision in its logbook.

4. The judgment enforcement decision shall be sent to the civil judgment enforcement agency in the district where the bailiff’s office is located for cooperation purpose.

Article 38. Implementation of measures to secure judgment enforcement

The bailiff may implement measures to secure judgment enforcement specified in Clause 3 Article 66 of the Law on Enforcement of Civil Judgments. During such implementation, the bailiff may have rights and obligations of an enforcer and shall follow procedures specified in Article 66, 67, 68 and 69 of the Law on Enforcement of Civil Judgment.

Article 39. Implementation of coercive measures to enforce judgments

1. The bailiff may issue a decision on implementation of coercive measures to enforce judgments specified in Article 71 of the Law on Enforcement of Civil Judgments after the deadline for voluntary judgment execution prescribed in the judgment enforcement decision, except for the case in which the decision on implementation of coercive measures to enforce judgments is issued by the Director of Ho Chi Minh City civil judgment enforcement agency on request in accordance with regulations in Article 40 hereof.

2. The decision on coercive civil judgment enforcement shall contain at least:

a) Name and address of the bailiff's office; full name of the bailiff issuing the coercive judgment enforcement decision;

b) Grounds for issuing coercive enforcement decision;

c) Regulated entities and applied coercive measure to enforce judgment;

d) Time and place for implementing coercive measure to enforce judgment.

3. When implementing the coercive measure to enforce judgments, the bailiff may have rights and obligations of an enforcer and shall comply with law provisions on enforcement of civil judgments.

Article 40. Implementation of coercive measures in case of mobilization of security guard force

1. In case of coercive judgment enforcement requiring mobilization of the security guard force, the bailiff's office shall prepare a coercive judgment enforcement plan and send a proposal for coercive enforcement with the judgment enforcement dossier to the Director of Ho Chi Minh City civil judgment enforcement agency for considering and issuing a decision on coercive judgment enforcement and approving the coercive judgment enforcement plan.

2. The Director of Ho Chi Minh City civil judgment enforcement agency shall issue the coercive decision and approve the coercive judgment enforcement plan within 5 working days from the day on which the written proposal from the bailiff's office is received. As for the proposal of immediate implementation of coercive measures to secure judgment enforcement, the Director of Ho Chi Minh City civil judgment enforcement agency shall provide response within 1 working day from the day on which the proposal from the bailiff’s office is received.

Explanation shall be provided in writing if such proposal is rejected.

3. After such proposal is approved, the bailiff shall implement the coercive measure to enforce judgment in compliance with provisions of the Law on Enforcement of Civil Judgments and provisions on coercive judgment enforcement in this Decree.

Article 41. Expenses associated with coercive judgment enforcement

1. The judgment debtor and judgment creditor shall pay expenses associated with coercive judgment enforcement in accordance with law provisions on enforcement of civil judgments.

2. The bailiff shall cover the expense for coercive judgment enforcement if such coercive enforcement is required due to faults of the bailiff.

3. The judgment creditor and the bailiff may enter into an agreement on provision of financial assistance in coercive judgment enforcement to secure such enforcement.

Article 42. Payment of sums of money collected from judgment enforcement

Sums of money collected from judgment enforcement shall, after deducting judgment enforcement expenses, be paid as follows:

1. Sum of money collected from judgment enforcement shall be returned to the judgment creditor under the written request for judgment enforcement after deducting the bailiff service cost as regulated and under the agreement between the bailiff and the litigants. The remaining amount, if any, shall be refund to the judgment debtor by the bailiff.

2. If the judgment debtor is required to enforce judgments for more than one judgment creditor under arrangement of the same bailiff’s office, sums of money collected from judgment enforcement under the coercive judgment enforcement decision shall be paid to the judgment creditor requesting judgment enforcement by the time of issuance of such coercive decision. The remaining amount shall be paid to other judgment creditors under other decisions on judgment enforcement at the payment time. The payment shall be made in the following order of priority:

a) Alimony; salary, wage, severance allowance, job-loss allowance and working capacity loss allowance; compensation for loss of life, damage to health or mental harms;

b) Other payables under enforced judgments, decisions.

In case there are many judgment creditors at the same priority level, payment shall be made in proportion to sums of money enjoyable by these creditors;

3. Proceeds from the sale of assets in collaterals or mortgages or sale of assets ruled under judgments or decisions to be distrained to secure the fulfillment of a specific obligation shall be paid first of all for the secured obligation after deducting judgment enforcement expenses.

4. The order of payment of sums of money collected from enforcement of bankruptcy judgments shall comply with the law on bankruptcy.

5. The bailiff shall make payment as prescribed in Clause 1, 2, 3 and 4 this Article within 10 days from the day on which money from judgment enforcement is collected.

6. The bailiff’s office shall cooperate with the civil judgment enforcement agency in handling assets of the judgment debtor to secure judgment enforcement.

Article 43. Termination of judgment enforcement

1. Judgment enforcement by the bailiff shall be terminated if:

a) the judgment debtor fulfill all obligations under the enforced judgment on the written request for judgment enforcement or the judgment debtor or judgment creditor is dead person or enterprise that declares bankruptcy or dissolution without any inheritor of rights and obligations as regulated by laws;

b) the case is suspended as per law provisions;

c) such termination is mutually agreed by the bailiff and the litigants.

2. Legal consequences of termination of judgment enforcement by the bailiff:

a) When the judgment enforcement is terminated, the bailiff and the judgment enforcement requester shall liquidate the written request for judgment enforcement;

b) The bailiff shall handle sums of money or assets remained without receiver in accordance with provisions of the Law on Enforcement of Civil Judgment and law provisions on asset remained without owners.

Article 44. Agreements on judgment enforcement

1. The judgment enforcement requester and the bailiff’s office may enter into an agreement on judgment enforcement. The written agreement shall be made in the form of a contract and include the primary information:

a) Date, month, year of judgment enforcement request;

b) Enforcement requests under enforced judgments, decisions.

c) Expense for judgment enforcement and payment method;

d) Other agreements, if any.

The written agreement on judgment enforcement shall be made in 2 copies and each shall be kept by each party.

2. The bailiff's office shall record liquidation of written agreements on judgment enforcement in its logbook.

Chapter 4.

COMPLAINTS, DENUNCIATIONS AND CONTROL AND SUPERVISON OF BAILIFF'S PERFORMANCE

Article 45. Handling complaints about service of process and civil judgment enforcement performed by bailiffs

1. The litigants and relevant persons may make complaints of decisions and acts of the bailiff who directly enforce civil judgments and serve court's documents if having any evidence showing that such decisions or acts are against lawsoft and cause harms to their rights and interests.

2. The complaint shall be handled as follows:

a) The Director of Ho Chi Minh City Justice Department shall issue the first decision on handling of litigant's complaint within 30 days from the day on which such complaint is received.

b) If not concurring with the decision on complaint handling issued by the Director of Ho Chi Minh City Justice Department, the complainant may send an appeal to the Minister of Justice. The Minister of Justice shall handle the complaint within 45 days from the day on which the appeal is received. The decision on complaint handling issued by the Minister of Justice shall be the final decision that comes into force.

Article 46. Handling disputes over preparation of bailiff’s certified reports

The parties may take legal actions to request the Court to handle disputes over preparation of bailiff's certified reports, if any.

Article 47. Handling denunciations of unlawful acts committed by bailiffs

Denunciation of unlawful acts committed by the bailiff shall comply with provisions of the Law on Complaints and Denunciations and relevant legal documents.

Article 48. Control and supervision of compliance of bailiffs

The compliance by the bailiffs shall be controlled and supervised in accordance with provisions of the Law on Organization of People’s Procuracies and relevant law provisions.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 49. Effect

1. Provisions hereof shall apply in case of pilot implementation of bailiff service in other provinces and centrally-affiliated cities.

2. This Decree comes into force from September 09, 2009.

Article 50. Handling problems arising in case of dissolution or termination of operations of bailiff's offices

1. The material responsibility shall be allocated in conformity with law provisions on enterprises.

2. The judgment enforcement dossier shall be transferred to Ho Chi Minh City civil judgment enforcement agency for storage purpose under the regulations on storage of judgment enforcement dossiers. Bailiff’s certified reports and relevant documents shall be transferred to Ho Chi Minh City Justice Department for storage purpose.

Article 51. Implementation responsibilities

1. The Ministry of Justice shall take charge and cooperate with the Supreme People’s Court, People’s Supreme Procuracy, Ministry of Public Security and Ministry of Finance in providing guidelines for implementation of this Decree.

2. The Ministry of Justice shall take charge and cooperate with People’s Committee of Ho Chi Minh City in preparing necessary conditions for recruitment, appointment and establishment of some bailiff’s office according to the plan approved by the Prime Minister.

3. People’s Committee of Ho Chi Minh City shall prepare a plan for implementation of this Decree during pilot process from July 01, 2009 to July 01, 2012; instruct various-level People’s Committees and relevant agencies in the city to cooperate, provide assistance and favorable conditions for bailiffs to fulfill their tasks./.