Date: 26 July 2021
Writer: Tuyen Pham
Vietnamese laws have officially recognized the institution of Bailiffs since 2008. Since then, Bailiffs have played an important role in dispute resolution. BLawyers Vietnam would like to mention below the experience of our lawyers in coordinating with Bailiffs to resolve disputes for the enterprises.
I. What is the Bailiff?
The Bailiff is a judicial title and a person who practices on behalf of the organization where he works. By law, a Bailiff is a qualified person with the State’s appointment to serve documents proceeding, prepare written statements of evidence, verify conditions for civil judgment execution, and organize civil judgment execution.
A Bailiff Office is a Bailiff practicing organization, and its name is always under connection with the district-level administrative where it’s office is based. For example, District 1 Bailiff Office, District 5 Bailiff Office, etc.
Regarding the written statements of evidence, it is a document recording real events or acts directly witnessed by the Bailiff, made as requested by individuals, agencies, or organizations in accordance with the law.
II. Works of the Bailiff
The Bailiff will perform the following tasks:
- Serving documents proceeding: They shall notify, deliver, and receive papers, files, and documents of the People’s Courts, People’s Procuracies, and civil judgment enforcement agencies.
- Preparing written statements of evidence upon request of individuals, authorities, and organizations: They will make a document recording true events and true acts base on their direct witness. However, written statements of evidence do not replace notarized documents, authenticated documents, or other administrative documents.
- Verifying judgment execution conditions upon request of the involved parties and persons with related interests and obligations: This is the case of judgment enforcement upon request, if the judgment creditor cannot verify the judgment enforcement conditions on his own, he may request the Bailiff to conduct the verification. In this way, the judgment creditor has the right to use these results to request judgment enforcement or protect his/her lawful interests.
- Organizing the execution of court judgments and decisions upon request of the involved parties: After obtaining the court’s valid decision, the judgment creditor can request the Bailiff to arrange the enforcement of judgments and decisions.
III. Cooperation between Lawyers and Bailiffs in resolving disputes for the enterprise
As our experience about dispute resolution, Bailiffs will coordinate well with Lawyers in:
i. Preparing written statements of evidence
This is the profession that we often coordinate with the Bailiff.
In the disputes, Lawyers work with the Bailiffs in preparing written statements of evidence of the uncooperative/ illegal acts of the encounter. Or preparing written statements of evidence to record the completion of a customer’s obligation under the law, under the contract, etc. If needing a letter of demand to the obligor, the Lawyer also requires the Bailiff to make the written statement of evidence regarding the delivery of the letter and to record the obligor receiving the letter.
Accordingly, the written statements of evidence will be legal evidence that a State agency like the Court considers settling disputes.
ii. Verifying judgment execution conditions
After the Court settles the enterprise’s dispute and issues a decision, judgment. Lawyers will work with Bailiffs to verify judgment execution conditions of the obligor. This is a necessary task in the process of organizing judgment enforcement. It is also the basis for officials of civil judgment enforcement agencies to orient the settlement of judgment enforcement dossiers.
iii. Organizing the execution of court judgments and rulings upon request of the involved parties
To protect the legitimate rights and interests of clients, Lawyers will actively request Bailiffs to conduct the enforcement over judgments and decisions of the Court based on the consent of the customer. This act helps to limit the long backlog of cases not being executed.
In summary, Bailiffs play a significant role regarding the coordination with Lawyers to ensure the rights and interests of customers in dispute resolution.
Maybe you want to read: