Tiếng Việt
TABLE OF CONTENTS
1. What is a a bailiff’s report?
2. Cases where a bailiff’s report are not issued according to the law
3. Is buying a house with a a bailiff’s report legally valid?
1. What is a bailiff certificate?
According to Clause 3, Article 2 of Decree No. 08/2020/ND-CP on the organization and operation of notaries, it is stipulated that: “3. “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request of this Decree.”
Therefore, when buying and selling a house by a bailiff, it is understood that the buyer and seller request the Bailiff to witness and then make a document confirming the purchase and sale of the house.
Thus, the value of the bailiff is only used as evidence, a source of evidence for the Court to consider when resolving civil and administrative cases according to the provisions of law; the basis for establishing transactions between agencies, individuals, and organizations according to the provisions of law.
2. Cases where notaries are not allowed to be made according to the provisions of law
Pursuant to Article 37 of Decree No. 08/2020/ND-CP on the organization and operation of bailiffs, the provisions on cases where notaries are not allowed to be made:
“Article 37. Cases where deeds may not be made.
1. The cases specified in Clause 4, Article 4 of this Decree.
2. Violation of regulations on national security and defense, including: Violating national security and defense targets; disclosing classified information, spreading news, materials, items considered classified items; violating regulations on entering, exiting, or moving in restricted areas, protected areas, safety perimeters of national defense and security structures, and military zones; violating regulations on protecting classified information, national defense and security structures and military zones.
3. Violation of private lives, personal secrets, family secrets according to Article 38 of the Civil Code; contradiction to social morals.
4. Verification of details, signing in contracts or transactions which belong to notary or certification field as regulated by the law; verification of adequacy, legitimacy, adherence to social morals of documents translated from Vietnamese to foreign languages and vice versa; verification of signatures, certification of copies from original copies.
5. Acknowledgement of events, affairs in order to transfer use right, ownership of land and/or assets that lack certificate of use right, ownership as per the law.
6. Acknowledgement of events, affairs in order to conduct illegal transactions of solicitors.
7. Acknowledgement of events, affairs of officials, public officials, commissioned officers, non-commissioned officers, employees, public employees in agencies, entities affiliated to the People’s Army, commissioned officers, non-commissioned officers in agencies, entities affiliated to the People’s Public Security in the performance of their duty.
8. Acknowledgement of events, affairs without witnessing said events, affairs personally.
9. Other cases according to regulations and law.”
According to the above provisions, the Bailiff’s Office is not allowed to record real estate sale and purchase records, land transactions that must be notarized or authenticated as prescribed in Clause 3, Article 167 of the 2013 Land Law; Clause 3, Article 27, Land Law 2024.
3. Is buying a house with a bailiff certificate legally valid?
Pursuant to Clause 2, Article 36 of Decree No. 08/2020/ND-CP on the organization and operation of bailiffs, it is stipulated that: “2. Bailiff’s reports do not replace other notary documents, certifying documents, or other administrative documents.”
In addition, Clause 4, Article 122 of the Housing Law 2014 stipulates: “4. The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.”
Thus, according to this provision, a house sale and purchase contract must be notarized by a bailiff practice organization or authenticated at the People’s Committee of the commune to be valid. The making of a bailiff certificate of house sale and purchase only records this event witnessed by a bailiff, and has no legal effect.