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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 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 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 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 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) 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 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 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 Structure of the dissertation Besides the introduction, conclusion and references, the dissertation includes 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 Chapter 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 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 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 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 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 Chapter 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 a profession with a monopoly nature under the Vietnamese law Second, they are not civil servants and 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 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 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 11 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 12 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 13 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 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 14 2.2.4 Factors affecting the law on bailiffs First, political factor; second, economic factor; third, socio-cultural factor; fourth, historical factor Chapter 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 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 15 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 16 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 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 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 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 18 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 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 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 19 commensurate with practical requirements Fourth, the inspection and supervision of law enforcement of bailiffs by the authorities are not regular Chapter 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 20 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 * 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, 21 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 22 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 23 CONCLUSION The law on bailiffs is a part of our country’s legal system Completing the law on bailiffs is a very important task in the judicial reform and building a rule-of-law state First, the dissertation has clarified the concept of bailiff as well as generalizing the basic activities of bailiffs in Vietnam in the current period Second, by analyzing and evaluating the provisions of the existing law, the dissertation has introduced the concept, characteristics and legal nature of the bailiffs, the relationship of the bailiff with other judicial institutions; it has also clarified the basic contents of the law on bailiffs and factors affecting the the law on bailiff Third, the study has systematically examined the provisions of the existing law on bailiffs by descripting and evaluating the legal regulations to regulate issues Fourth, through the overall description of the provisions of the existing law s on bailiffs and the application of those provisions in practice to make adjustments to the bailiff organizations, the dissertation has made general assessments about the reality of the law on bailiffs in Vietnam, thenceforth, it has highlighted the inadequacies and obstacles to build and develop the profession of bailiffs in the current period Fifth, on the basis of assessing the advantages and disadvantages of the law on bailiffs in Vietnam, the dissertation has proposed a number of recommendations to overcome existing shortcomings in the direction of improving the law on bailiff in Vietnam in the current period Completing the law on bailiffs should be put in the overall relationship with the legal system The law on bailiffs should also be supplemented with regulations to ensure the consistency, synchronization and consistency with other relevant legal documents 24 THE AUTHOR’S PUBLISHED-RESEARCH WORKS LIST Huynh Duc Thai Lam Hoang (2018) “Some issues on documents of bailiffs in Vietnam today”, Journal of Science, Hanoi Open University, No 47 Huynh Duc Thai Lam Hoang (2018) “Solutions to improve the law on bailiffs in Vietnam today”, Review of Finance, September 2018 25 ... 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;... 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... 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