Home / Authority, scope of recording evidence, legal value of a diploma (Article 36 of Decree No. 08/2020/ND-CP dated January 8, 2020 of the government on organization and operation of bailiffs)

Authority, scope of recording evidence, legal value of a diploma (Article 36 of Decree No. 08/2020/ND-CP dated January 8, 2020 of the government on organization and operation of bailiffs)

24/09/2021

A diploma is a document recording real events or acts directly witnessed by the bailiff, made at the request of individuals, agencies or organizations in accordance with the provisions of Decree No. 08/2020/ND-CP ;

KEY CONTENT SUMMARY

  •  What is evidence recording?
  •  What's bailiff?
  • What is the jurisdiction and scope of the bailiff?
  • What is the legal value of the license?
  • What is evidence recording?? (Clause 3, Article 2 Decree 08/2020/NĐ-CP )

What is an bailiff? (K3, Decree.2 Decree No. 08/2020/ND-CP ) A bailiff is a document recording real events or acts directly witnessed by the bailiff, made at the request of individuals, agencies or organizations in accordance with the provisions of Decree No. 08/2020/ND-CP ;

  • What is bailiff? (Clause 1, Article 2 Decree 08/2020/NĐ-CP )

  A bailiff is a qualified person appointed by the State to serve, record evidence, verify conditions for civil judgment enforcement, and organize civil judgment enforcement according to the provisions of Decree No. 08/ 2020/ND-CP dated January 8, 2020 of the government on the organization and operation of the bailiff and relevant laws;

  • What is the jurisdiction and scope of the bailiff?

- A bailiff is made by recording real events and acts at the request of agencies, organizations and individuals nationwide (not limited to administrative boundaries) except for the following cases: prescribed in Article 37 of Decree No. 08/2020/ND-CP;

- Evidence does not replace notarized documents, authenticated documents and other administrative documents.

  • What is the legal value of evidence?

- The evidence recording is the proof for the Court to consider when settling civil and administrative cases in accordance with law; is the basis for conducting transactions between agencies, organizations and individuals according to the provisions of law.

- In the process of assessing and considering the value of evidence of a criminal license, if deemed necessary, the People's Court or People's Procuracy may summon the bailiff, other agencies, organizations and individuals to act. clear the authenticity of vi equals. The bailiff, other agencies, organizations and individuals must be present when summoned by the Court or People's Procuracy.