From July 1, the Chairman of the Provincial People's Committee has the authority to appoint Bailiffs.
From July 1, 2025, does the Chairman of the Provincial People's Committee have the authority to appoint Bailiffs? What are the procedures? This is a matter of concern for Mr. Le Van Tan (Thai Hoa, Nghe An).
Reply:Pursuant to Article 27, Decree 121/2025/ND-CP effective from July 1, 2025 stipulates the decentralization and delegation of authority in the field of state management of the Ministry of Justice as follows:
Appointment of Bailiff
1. The appointment of Bailiffs is stipulated in Article 10 of Decree No. 08/2020/ND-CP dated January 8, 2020 of the Government on the organization and operation of Bailiffs (hereinafter referred to as Decree No. 08/2020/ND-CP) under the authority of the Chairman of the Provincial People's Committee.
2. The order and procedures for appointing Bailiffs shall comply with the provisions in Section I, Appendix VI issued with this Decree.
Thus, the appointment of Bailiffs is under the authority of the Chairman of the Provincial People's Committee.
How will the procedures for appointing bailiffs from July 1, 2025 be carried out?
Pursuant to Section I, Appendix VI of Decree 121/2025/ND-CP regulating decentralization and delegation in the field of state management of the Ministry of Justice as follows:
(1) A person who meets the criteria specified in Article 6, Decree 08/2020/ND-CP shall prepare 01 set of documents requesting appointment as a Bailiff and send it directly or by post to the Department of Justice where the internship is registered or online on the National Public Service Portal.
The profile includes:
- Document requesting appointment of Bailiff;
- Certified copy or copy with original for comparison or electronic copy of university or postgraduate degree in law;
- Copies or electronic copies of documents proving legal work time including: Recruitment decision, employment contract or labor contract with documents proving social insurance payment period; documents proving dismissal, revocation of practice certificate or revocation of card for cases specified in Clause 2, Article 11, Decree 08/2020/ND-CP; documents proving retirement or termination of employment for cases specified in Clause 3, Article 11, Decree 08/2020/ND-CP.
- Certified copy or copy with original for comparison or electronic copy of certificate of Bailiff internship test results.
(2) Within 07 working days from the date of receiving a complete and valid dossier, the Department of Justice shall issue a written request to the Chairman of the Provincial People's Committee to appoint a Bailiff, together with the appointment request dossier; in case of refusal, a written notice must be given stating the reasons.
(3) Within 20 working days from the date of receipt of the document and dossier requesting the appointment of a Bailiff from the Department of Justice, the Chairman of the Provincial People's Committee shall consider and decide to appoint the Bailiff; in case of refusal, a written notice must be given stating the reasons.
If necessary, the Chairman of the Provincial People's Committee shall verify or request the Department of Justice, relevant agencies and organizations to verify the appointment criteria and information in the appointment proposal file before considering and deciding on the appointment. The verification period shall not exceed 45 days from the date the Chairman of the Provincial People's Committee issues a written verification; the verification period shall not be included in the time limit for considering the appointment of the Bailiff mentioned in this clause.
When processing the application for appointment of a Bailiff, the competent authority appointing the Bailiff shall request the agency managing the judicial record database to provide judicial record information for the applicant for appointment of the Bailiff.
The agency managing the criminal record database is responsible for providing information to the requesting agency within 03 working days from the date of receipt of the request. The time for coordinating the provision of criminal record information is not included in the time for handling administrative procedures.