Bailiff activities

Bailiff Nguyen Hai Dang participated in the process of making a record of the act of recording and handing over assets.

Ms. Nguyen Kim N, residing in Ninh Kieu ward, stated: “Previously, I leased my house to a client for a food and beverage business. The contract was for 3 years, however, the tenant operated for only 3 months before closing down and ceasing business operations without fulfilling their obligation to pay rent. The lease agreement stipulated: ‘If the tenant fails to pay rent for one month without a valid reason, the landlord has the right to unilaterally terminate the contract and notify the tenant at least 30 days in advance.’ After investigating, I requested a bailiff to protect my rights.”

Regarding this case, bailiff Nguyen Hai Dang from the Can Tho Bailiff Office stated: Ms. N can reclaim her rented house by requesting a bailiff to create a notarized record of the notice "regarding the unilateral termination of the rental contract" to inform the tenant. After the notice is made and delivered, if the tenant fails to fulfill their obligations as stated in the notice, the landlord can unilaterally terminate the contract and legally reclaim the house. Alternatively, Ms. N can request a bailiff to create a notarized record "documenting the current state of the rented house," documenting the overall condition of the house to see if the tenant has changed the design or function after renting. Simultaneously, any property not belonging to the landlord (if any) should be inventoried, sealed, and stored in a warehouse, with the tenant notified to retrieve it. All of this process is witnessed by the bailiff and recorded in the notarized record, along with images, videos , personal identification documents, property ownership documents, and grounds for reclaiming the rented house. The notarization is the basis for Ms. N to legally reclaim the rented house, or use it as a basis for negotiation or request the court to resolve the dispute, if any.

Nowadays, people are more knowledgeable and proactively request the services of authorized bailiffs. Ms. Nguyen Thi H, residing in Phuoc Thoi ward, said: “Previously, I requested a bailiff's office to create a record of the following actions: witnessing and recording the exchange of money and documenting the current state of assets. In my opinion, creating a record aims to provide evidence for the parties to act correctly, limiting contradictory statements that could lead to unnecessary disputes.”

Ms. Pham Thi Hong H, residing in O Mon ward, recently completed the process of having a notarized record made to document the exchange of money and the handover of assets. According to Ms. H, previously, when certain transactions or actions needed to be carried out, only a handwritten agreement was usually made, signed by both parties and a witness. However, when disputes arose, many handwritten agreements lacked legal validity. Now, with a notarized record, witnessed by a bailiff, the legitimate rights and interests of citizens are protected.

According to bailiff Nguyen Hai Dang, colleagues need to proactively and diligently promote and introduce bailiff services so that people in need can access them as quickly as possible; simultaneously, they need to improve operational efficiency, especially in drafting official records, verifying conditions for enforcement of judgments, and directly organizing the enforcement of judgments. This will contribute to making this new legal service better serve organizations and citizens...

Text and photos: CHAN HUNG

Source: https://baocantho.com.vn/hoat-dong-thua-phat-lai-a189309.html