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.

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

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

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,

(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

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

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

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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

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.

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

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

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

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.

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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