I. What is “a bailiff’s report”?
According to Clause 3, Article 2, Decree 08/2020/ND-CP stipulates:
“A bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of this Decree.
Legal value of a diploma:
– Bailiff’s report does not replace notarized documents, authenticated documents, or other administrative documents.
– Bailiff’s report are a source of evidence for the Court to consider when resolving civil and administrative cases according to the provisions of law; is the basis for conducting transactions between agencies, organizations and individuals according to the provisions of law.
II. Procedures for making “a bailiff’s report”
To obtain “a bailiff’s report”, the bailiff needs to complete the procedures specified in Article 39 of Decree 08/2020/ND-CP as follows:
1. A bailiff must witness, produce bailiff’s report, and be responsible to the solicitor and the law for his/her bailiff’s report. Events and affairs recorded in bailiff’s reports must be objective and truthful. If necessary, a bailiff has the right to invite a witness to attest to the production of bailiff’s report.
The solicitor must adequately provide information and documents relating to the production of bailiff’s report (if any) and be responsible for accuracy and legitimacy of provided information and documents.
When producing bailiff’s report, the bailiff must explain legitimacy of the bailiff’s report to the solicitor. The solicitor must append signature or fingerprints in bailiff’s report.
2. Bailiff’s report must sign each page, stamp the Bailiff’s Office and record it in the certificate book made according to the form prescribed by the Minister of Justice.
3. Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents.
4. Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry.
III. Is making a bailiff’s report a good choice when borrowing money?
Creating a bailiff’s report when borrowing money is a good thing to ensure the rights of both the borrower and the lender. Bailiff’s report has high evidentiary value and can be used to resolve disputes in court or competent state agencies.
Benefits of creating a bailiff’s report when borrowing money:
– Minimize risks: Bailiff’s report has high evidentiary value. Therefore, creating a bailiff’s report when borrowing money can help minimize risks between parties when a dispute occurs.
– Prove the authenticity of the transaction: Bailiff’s report is made by the Bailiff’s office. Therefore, creating a bailiff’s report can authenticate transactions such as loan amount, interest rate, loan term, …
– Save time and costs: Currently, the cost of preparing a bailiff’s report for services at the Bailiff’s office usually ranges from 3 million VND to 5 million VND. At the same time, the procedures and processes for creating a bailiff’s report are not too complicated and expensive.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Civil.
Contact us at:
Phone: +84 935 439 454.