Litigation in Vietnam

Civil Judgment Enforcement Competence of Bailiffs

September 9, 2026 | Guidelines, Litigation in Vietnam

In the current legal context, the role of Bailiffs at Civil Judgment Enforcement Offices is becoming increasingly essential in protecting the legitimate rights and interests of citizens and businesses. Understanding the civil judgment enforcement competence of Bailiffs not only helps involved parties be more proactive in requesting enforcement but also maximizes time and legal cost savings. The article below provides a detailed analysis of the duties and powers of Bailiffs, as well as the procedure for organizing judgment enforcement, to offer the most comprehensive and accurate overview.

I. Civil Judgment Enforcement Office

1. The Civil Judgment Enforcement Office is the professional practice organization of the Bailiff established to organize judgment enforcement and perform other tasks as prescribed by law.

2. The Civil Judgment Enforcement Office is organized and operates in accordance with this Law and relevant laws applicable to the corresponding type of enterprise; it possesses its own headquarters, seal, and bank account.

3. A Civil Judgment Enforcement Office established by 01 Bailiff is organized as a private enterprise. The owner of the private enterprise is concurrently the Head of the Civil Judgment Enforcement Office and must be a Bailiff who has practiced the profession for at least 02 years. A Civil Judgment Enforcement Office established by 02 or more Bailiffs is organized as a partnership. The Head of the Office must be a general partner and must have practiced as a Bailiff for at least 02 years. The Head is the legal representative, managing and directing the office's operations. They are not permitted to hire another person to manage the office, nor are they allowed to lease out the office.

4. Disputes concerning contracts, contract performance, and non-contractual damages related to the work of the office and the Bailiff shall be resolved by competent authorities in accordance with civil law and civil procedure law.

5. The Government details the organization and operation of the Civil Judgment Enforcement Office.

II. Duties and powers of the Civil Judgment Enforcement Office

1. Organize the enforcement of judgments and decisions under this Law.

2. Negotiate and sign contracts with requesters; perform work according to the contract, receive remuneration, and be reimbursed for expenses as agreed and prescribed by law.

3. Sign labor contracts and manage Bailiffs and other employees within the office regarding compliance with the law and professional ethical standards set by the Minister of Justice.

4. Purchase professional liability insurance for its Bailiffs as regulated by the Government.

5. Compensate for damages caused by the unlawful acts of the Head, Bailiffs, or other employees. If the office has been converted, consolidated, or merged, the inheriting office is responsible for compensation. If dissolved or terminated, the individual who directly caused the damage must personally compensate, even if they are no longer affiliated with an office.

6. Fulfill requests from competent state agencies regarding statistics, reporting, inspection, auditing, protests, recommendations, complaint resolution, denunciation resolution, and other enforcement-related requests.

7. Create, manage, and use professional records and archives; collect, manage, and use the expenses for Bailiffs' work as prescribed by law.

8. Develop, create, and update databases; exploit information from national, specialized, and other databases per the law.

9. Coordinate with state civil judgment enforcement agencies, other offices, and relevant entities.

10. Facilitate and encourage involved parties to reach enforcement agreements; support, record, and organize the implementation of such agreements to protect legitimate rights and interests.

11. Other duties and powers as prescribed by law.

III. Duties and powers of the Head of the Civil Judgment Enforcement Office

1. Organize the implementation of the office's duties and powers.

2. In civil judgment enforcement activities, the Head has the following duties and powers:

3. Duties and powers specified in points a, c, d, đ, e, and h, clause 2, Article 22 of this Law;

4. Resolve complaints regarding civil judgment enforcement according to this Law;

When directly organizing enforcement, perform the Bailiff duties and powers specified in Article 30 of this Law.

Other duties and powers as prescribed by law.

IV. Bailiff (Thừa hành viên)

1. A Bailiff is a person assigned by the State to enforce judgments and decisions and perform other tasks under this Law and relevant laws.

2. Vietnamese citizens who are loyal to the Fatherland, honest, objective, of good moral character, hold a Bachelor of Laws degree or higher, have undergone Bailiff professional training, and meet other standards may be appointed as Bailiffs.

3. Bailiffs have the right to establish, participate in establishing, or work under contract for a Civil Judgment Enforcement Office. They must strictly comply with the law and professional ethical standards. Bailiffs are responsible for compensating damages and reimbursing the office for amounts it has paid out if the Bailiff is at fault and causes damage.

4. Bailiffs are appointed and dismissed by the Chairman of the provincial People's Committee.

5. The Government prescribes the standards, order, and procedures for appointment and dismissal.

V. Duties and powers of the Bailiff

1. A Bailiff is permitted to perform the following tasks:

  • Organize judgment enforcement according to this Law;

  • Verify enforcement conditions upon request of involved parties and individuals with related rights/obligations;

  • Serve papers, records, and documents;

  • Create evidentiary records (vi bằng) upon request of agencies, organizations, or individuals;

  • Perform other tasks as prescribed by law.

2. When organizing civil judgment enforcement, a Bailiff has the following duties and powers:

  • Organize the enforcement of assigned cases;

  • Strictly enforce the content of the judgment/decision; apply correct procedural regulations, ensuring the interests of the State and the legitimate rights of involved parties;

  • Summon involved parties to the office to resolve enforcement matters;

  • Verify assets and enforcement conditions; request relevant entities to provide information/documents (Bailiffs may verify outside the province where the office is headquartered). The office/Bailiff must pay statutory fees for this information;

  • Request competent authorities to freeze accounts/assets, or temporarily suspend transactions, registrations, or changes in asset status;

  • Recommend competent authorities to handle violations in civil judgment enforcement;

  • Other duties and powers as prescribed by law.

3. When verifying enforcement conditions upon request, the Bailiff follows point d, clause 2 of this Article.

4. The tasks in points c and d, clause 1 of this Article are performed according to Government regulations.

5. When performing duties, Bailiffs must obey the law and bear responsibility to the requester and the law for their work.

VI. Organization of judgment enforcement by the Civil Judgment Enforcement Office and Bailiff

1. The Office organizes enforcement upon the request of involved parties for judgments/decisions specified in clause 1, Article 32 of this Law within the province/city where it is headquartered (excluding specific exceptions). Disputes over enforcement competence between a state agency and a private office are resolved by the Head of the Civil Judgment Enforcement Management Authority (under the Ministry of Justice).

2. Requests for enforcement follow Article 34 of this Law. If parties request different agencies/offices to enforce the same judgment, those entities must coordinate during the process.

3. Agreements on organizing enforcement are formalized as service contracts. The parties agree on remuneration, enforcement costs, and other expenses.

4. Within 05 working days of signing the contract, the Head issues an enforcement decision. Chapter III of this Law applies: the Head performs procedures like the Head of a state civil judgment enforcement agency; the Bailiff performs procedures like a State Enforcement Officer (Chấp hành viên). They may not apply regulations related to entrusted enforcement, entrusted asset handling, coercive measures, or instances where a state agency proactively issues enforcement decisions.

5. Enforcement by the office terminates and contracts are liquidated if:

  • Grounds in Article 55 of this Law exist;

  • Mutual agreement to terminate;

  • There are grounds establishing that enforcement is not currently possible (clause 1, Article 38), unless otherwise agreed;

  • The requester submits a written request to terminate and transfer the case to a state agency to apply coercive/security measures;

  • The judgment debtor requests enforcement but fails to fulfill all obligations within 30 days of the decision (excluding force majeure/objective obstacles). After liquidation, the debtor cannot request the office to organize enforcement again.

6. Within 02 working days of liquidation under point d, clause 5, the Head must revoke the decision and transfer the file to the competent state agency (unless the requester disagrees). Within 05 working days of receiving the full file, the Head of the state agency issues a decision and organizes enforcement. Lawful results previously achieved by the office are recognized.

7. Within 05 working days of contract liquidation, the office must notify the competent People's Procuracy and the state enforcement agency in the same province/city.

8. The State Treasury, credit institutions, social insurance agencies, registries, tax authorities, and other relevant entities are responsible for complying with the enforcement decisions and requests of the office/Bailiff.

See more at:

1. Judgments and Rulings Enforceable in Vietnam

2. Law No. 106/2025/QH15 of the National Assembly: Law on Civil Judgment Enforcement

3) Strictly prohibited acts in civil judgment enforcement in Vietnam

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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