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THE MINISTRY
OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
06/2015/TT-BTP
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Hanoi, June
15, 2015
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CIRCULAR
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
LAW ON NOTARIZATION
Pursuant to the Law on Notarization No.
53/2014/QH13 dated June 20, 2014;
Pursuant to the Government’s Decree No.
22/2013/NĐ-CP dated March 13, 2013 defining the functions, tasks, entitlements
and organizational structure of the Ministry of Justice;
Pursuant to the Government’s Decree No.
29/2015/NĐ-CP dated March 15, 2015 detailing the implementation of a number of
articles of the Law on Notarization;
At the request of Director General of Bureau
of Judicial Affairs Support, Ministry of Justice,
The Minister of Justice promulgates the
Circular detailing the implementation of a number of articles of the Law on
Notarization;
Chapter I
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Article 1. Governing scope
This Circular regulates procedures for
appointment of notaries, registration for practice, issuance of notary card;
training courses in notary careers; organization and operation of notarization;
some specimen documents of notary activities
Article 2. Regulated
entities
This Circular applies to notaries, notary
practice organizations, socio-professional organizations of notaries, state
management agencies for notarization and relevant agencies, organizations or
individuals.
Chapter II
PROCEDURES FOR
APPOINTMENT OF NOTARIES, REGISTRATION FOR NOTARY PRACTICE, ISSUANCE OF NOTARY
CARDS
Article 3. Procedures for
appointment of notaries
1. Persons who make requests for appointment of
a notary as prescribed in Clause 1, Article 12 of the Law on Notarization must
submit one (01) set of documentation directly or by post to the Service of
Justice where such would-be notary has registered to work as a notary trainee.
2. Documents proving that the would-be notary is
exempted from training in notary career as prescribed in Clause 1, Article 10
of the Law on Notarization shall include one of the following papers:
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b) Decision of conferment of titles of
professors, associate professors of law; Doctoral degree in law;
c) Decision on appointment of high-ranking
inspectors in judiciary and procuracy, high-ranking experts, researchers, and
instructors in legislative area;
d) Written confirmations of period of practice
as a lawyer issued by the board of Bar Association;
dd) Other documents proving that the would-be
notary is exempted from training in notary career according to the law
provisions;
Documents as prescribed in this Clause shall be
certified copies or copies accompanied by originals for comparison.
3. Persons who make requests for appointment of
notary shall be responsible for accuracy and authenticity of the documents and
information declared in the documented request for appointment of notaries. In
case of necessity, the Service of Justice, the Ministry of Justice shall verify
accuracy and authenticity of the documents and information provided.
Article 4. Registration for
notary practice and issuance of notary cards
1. A notary practicing organization shall submit
one (01) set of registration documentation directly or by post to the Service
of Justice where the notary practicing organization is operating, and award
notary cards to the notaries that belong to the organization.
The documentation includes:
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b) Appointment decision awarded to the notary
who makes registration for notary practice and issuance of notary cards
(certified copy or copy accompanied by originals for comparison);
c) One (01) 2x3 photo of each notary who make
registration for notary practice and issuance of notary cards (no more than six
months prior to the date of submission);
d) Membership card or other papers proving that
the notary is a member of the Association of Notaries;
dd) Papers proving residence of notaries in
central-affiliated cities and provinces where the notary practicing
organization is head-quartered;
e) Papers proving retirement from law, auction,
bailiff practice or other regular jobs with respect to those who are running
such practice;
2. Within ten working days since receipt of
eligible documentation as prescribed in Clause 1 of this Article, the Service
of Justice shall put names of those who register notary practice into the list
of notaries practicing notarization in the locality (hereinafter referred to as
the list of notaries) and award notary cards to the notaries; in case of
rejection, a written notice must be issued with reasons specified.
Within five working days since the list of
notaries is completed, the Service of Justice must post the list on its website
and at the same time make submission of the list to the Ministry of Justice for
overall monitoring.
3. Only notary who is awarded notary card is
permitted to perform notary signing.
Template of notary cards issued by the Ministry
of Justice.
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1. Within 15 days since the Minister of Justice
decides dismissal of notaries as prescribed in Clause 4, Article 15 of the Law
on Notarization, or within seven working days since receipt of written notice
from notary practicing organization as prescribed in Clause 3, Article 35 of
the Law on Notarization, the Service of Justice where the notary registers
practice shall erase practice, make decision on revocation of notary card and
send this decision to the notary subject to revocation, notary practicing
organization and the Ministry of Justice, and at the same time post the information
about revocation of notary cards on its website.
2. The notary card shall become invalid since
the Service of Justice makes decision on revocation.
Article 6. Re-issuance of
notary cards
1. Any notary who makes registration for
re-issuance of notary cards as prescribed in Clause 2, Article 36 of the Law on
Notarization must submit one (01) set of documentation directly or by post to
the Service of Justice where he/she has registered notary practice.
The documentation includes:
a) Request form for re-issuance of notary cards;
b) One (01) 2x3 photo (no more than six months
prior to the date of submission);
c) Notary card being currently used (in case the
card is damaged);
2. Within five working days since receipt of
eligible documentation, the Service of Justice shall re-issue the notary card
to the notary; in case of rejection, a written notice must be issued to the
notary with reasons specified.
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Chapter III
TRAINING, TRAINING COURSES
IN NOTARY CAREER, ANNUAL TRAINING IN PROFESSIONAL COMPETENCE TO NOTARIES
Section 1. TRAINING IN NOTARY
CAREER
Article 7. Training
establishments, notary training framework program
1. Notary training establishment as prescribed
in Article 9 of the Law on Notarization is Academy of Justice affiliated to the
Ministry of Justice.
2. Academy of Justice shall preside over and
cooperate with Bureau of Judicial Affairs Support in formulating and submitting
the notary training framework program to the Minister of Justice for
promulgation.
Article 8. Recognition of
equivalence for persons receiving notary training abroad
1. Persons who receive notary training abroad
shall be granted recognition of equivalence in the following cases:
a) Have notary career training certificate
awarded by training institutions abroad within Governing scope of the Agreement
on equivalence of diplomas or mutual recognition of diplomas, or International
Agreement on diplomas to which Vietnam is committed or is a member;
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2. Diplomas that fall within the cases as
prescribed in Point a, Clause 1 of this Article shall be recognized according
to the Agreement on equivalence of diplomas or mutual recognition of diplomas,
or International Agreement on diplomas to which Vietnam is committed or is a
member; Recipients of diplomas do not have to perform procedures for
recognition of equivalence as prescribed hereof.
3. Recipients of diplomas that fall within the
cases as prescribed in Point b, Clause 1 of this Article and need recognition
of equivalence for notary career training abroad must make submission of one
(01) set of documentation directly or by post to the Ministry of Justice.
The documentation includes:
a) Written request for recognition of
equivalence;
b) Translation of notary career training diploma
(notarized or certified true copy) as prescribed in Clause 1 of this Article.
Within 30 days since receipt of eligible
documentation, the Minister of Justice shall make decision on recognition of
equivalence for persons receiving notary career training abroad; in case of
rejection, a written notice must be issued with reasons specified.
Section 2. NOTARY CAREER
TRAINING COURSE
Article 9. Registration for
participation in notary career training courses
1. Persons who are exempted from notary career
training as prescribed in Clause 1, Article 10 of the Law on Notarization must
submit one (01) set of registration documentation directly or by post to
Academy of Justice for participation in notary career training courses.
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a) Registration form for participation in notary
career training courses;
b) Papers proving that such persons are exempted
from notary career training as prescribed in Article 3 hereof (certified true
copy or copy accompanied by originals for comparison);
2. The Academy of Justice shall receive the
documentation and announce the list of persons who meet the conditions for
participation 30 days at the latest before the training course starts; in case
of rejection, a written notice must be issued with reasons specified.
Article 10. Content of
notary career training course
1. Notary practicing skills include receiving
and examining request documentation for notarization, identifying records,
legal capacity of a person who requests notarization and other professional
skills within the competence of notaries.
2. Knowledge of laws relating to notary practice
includes regulations on notarization and other relevant law provisions.
3. Code of ethics in notary practice;
4. Skills in managing, organizing and operating
private notary offices;
Article 11.
Responsibilities of Academy of Justice
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2. Organize at least one (01) training course
per year;
3. Award certificate on completion of notary
career training course;
Section 3. ANNUAL TRAINING IN
PROFESSIONAL COMPETENCE IN NOTARIZATION
Article 12. Obligations to participate
in annual training in professional competence in notarization
1. Notaries who are practicing notarization must
participate in annual training in professional competence in notarization at
one of the organizations as prescribed in Article 13 hereof.
2. Time of participation is at least three
working days/year (24 hours/year);
Article 13. Organizations
conducting annual training in professional competence in notarization
1. Association of notaries; in case an
association of notaries is not yet established in the locality, the Service of
Justice shall conduct the training;
2. Academy of Justice;
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1. Update and enhance knowledge of laws relating
to notary practice and other relevant law provisions;
2. Train and foster skills in notary practice;
ways of dealing with difficulties arising during notary practicing;
Article 15. Exemption from
participation in annual training in professional competence in notarization
Notaries shall be given exemption from
participation in annual training in professional competence in notarization if
such notaries have lectured at Academy of Justice or at an annual training
course in professional competence in notarization, or participated in a notary
career training course abroad in the year.
Article 16.
Responsibilities of organizations conducting annual training in professional
competence in notarization
1. Formulate content, program and plan for training
Bureau of Judicial Affairs Support shall preside
over and cooperate with Academy of Justice in providing guidance on central
matters of annual training in professional competence in notarization.
2. Organize training in accordance with
formulated content, program and plan;
3. Make a list of notaries who have completed
annual training in professional competence in notarization and make submission
of the list to the Service of Justice where the notaries register notary
practicing for posting on the Service of Justice's website and at the same time
to the Ministry of Justice for overall monitoring;
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Any notary in violation of obligations to
participate in annual training in professional competence in notarization,
depending on nature and severity of the violations, shall be handled according
to regulations of Vietnamese Association of Notaries;
Chapter IV
ORGANIZATION AND
OPERATION OF NOTARIZATION
Article 18. Procedures
for change of registered activities of private notary office
1. Any private notary office that requests
change of registered activities as prescribed in Article 24 of the Law on
Notarization must submit one (01) set of documentation directly or by post to
the Service of Justice where such private notary office registers operation.
The documentation includes a written request for
change of registered activities of private notary office, certificate of private
notary office registration (original) and one or some of the following papers
depending on type of activity to be requested for change:
a) Registration documentation for notary
practice and issuance of notary cards supplemented to private notary office as
prescribed in Article 4 hereof; a written agreement on termination of
partnership status of a notary; minutes of liquidation of employment contract
with notaries working under contracts; papers proving that a notary of the
notary office is dead or pronounced as dead by the Court in case change is made
to the list of notaries.
b) Papers proving that a would-be head of the
office has practiced notarization for more than two years in case change of
head of private notary office is made;
c) Papers related to head office (of a private
notary office) in case change of head office is made; in case head office is
moved to an administration division at district level, a written approval of
People’s committees of provinces must be obtained as prescribed in Clause 1,
Article 24 of the Law on Notarization;
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3. Within seven working days since receipt of
eligible documentation as prescribed in Clauses 1, 2 of this Article, the
Service of Justice shall re-issue certificate of registration to the private
notary office in case changes are made to names, head offices or head of
private notary office, or record such changes on the certificate of
registration in case changes are made to other activities; in case of
rejection, a written notice must be issued with reasons specified.
Article 19. Conversion of
private notary office established by one notary
1. Any private notary office that is established
by one notary and needs to be converted as prescribed in Clause 1, Article 79
of the Law on Notarization must submit one (01) set of documentation directly
or by post to the Service of Justice where such notary office registers
operation.
The documentation includes:
a) Request form for conversion of private notary
office;
b) Reports on finance, organization and
operation, notarized documents currently filed in the private notary office
making request for conversion;
c) Decision on appointment of notary by partners
of a private notary office making request for conversion (certified true copy
or copies accompanied by originals for comparison);
2. Within seven working days since receipt of
eligible documentation as prescribed in Clause 1 of this Article, the Service
of Justice shall make submission to People’s committees of provinces for
consideration and decision on conversion of private notary office; in case of
rejection, a written notice must be issued with reasons specified.
3. Within seven working days since receipt of a
written request from the Service of Justice, People’s committees of provinces
shall consider and approve conversion of private notary office; in case of
rejection, a written notice must be issued with reasons specified.
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The documentation includes:
a) Registration form for operation;
b) Written approval for conversion of private
notary office (certified true copy or copies accompanied by originals for
comparison);
c) Papers concerning new head office (of
converted private notary office) in case the private notary office changes its
head office.
Within seven working days since receipt of
eligible documentation, the Service of Justice shall issue certificate of
registration to the converted private notary office; in case of rejection, a
written notice must be issued with reasons specified.
5. The Service of Justice shall be responsible
for making public announcement of registered activities of the converted
private notary office as prescribed in Article 25 of the Law on Notarization.
The converted private notary office must issue press release on registered
activities as prescribed in Article 26 of the Law on Notarization.
6. During the preparation of procedures for
conversion, the private notary office requesting conversion shall be permitted
to operate until the converted notary office is granted certificate of
registration. The converted private notary office shall inherit rights and
obligations of the notary office requesting conversion, and be responsible for
keeping all notarized documents thereof.
Article 20. Hand-over of
notarized documents when notary practicing organization is dissolved or stops
operation
1. In case the Service of Justice appoints a
notary practicing organization to receive notarized documents from a notary
office dissolved or stopping operation as prescribed in Clause 5, Article 64 of
the Law on Notarization, the time limit of appointment is 30 days (at the
latest) since the notary office is dissolved or private notary office stops
operation.
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Article 21. Translator of notary
practicing organization
1. Translator of notary practicing organization
must meet standards as prescribed in Clause 1, Article 61 of the Law on
Notarization. List of translators of notary practicing organization must be
notified in writing to the Service of Justice where the notary practicing
organization is headquartered.
In case a translator has registered specimen
signature with a notary practicing organization for which he/she works as a
freelance translator, such translator can sign his/her name on the translation
in advance; the notary shall check signature of the translator against specimen
signature before performing notarization.
2. Rights and obligations of notary practicing
organization:
a) Sign a contract with freelance translator
under which responsibilities of the translator for information, quality of the
translation, fees; rights and obligations of each party must be specified;
b) Pay translation fee as agreed with the
translator;
c) Publicly post the list of translators at its
head office;
d) Compensate for losses and request refund from
the translator as prescribed in Article 38 of the Law on Notarization;
dd) Other rights and obligations as agreed with
the translator or according to the law provisions;
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a) Receive translation fee as agreed with the
notary practicing organization;
b) Take responsibility for accuracy and
conformity of information translated;
c) Refund the money compensated by the notary
practicing organization for losses caused by his/her fault as prescribed in
Article 38 of the Law on Notarization;
d) Comply with regulations of the laws on
translation and regulations prescribed by the notary practicing organization;
dd) Other rights and obligations as agreed with
the notary practicing organization or according to the law provisions;
Article 22. Notary
statements
1. Notary statement is an integral part of the
notarized document.
2. Sample notary statements enclosed herewith
include:
a) Common notary statements for contracts and
transactions; notary statements for authorization contracts in case authorizer
and the authorized can not be present at the notary practicing organization at
the same time; notary statements for testaments; notary statements for written
agreements on division of estate; notary statements for written declarations of
received estate; notary statements for written refusal to receive estate;
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3. Based on provisions set out in Clause 1,
Article 46, Clause 3, Article 61 of the Law on Notarization and sample notary
statements enclosed herewith, the notary shall write his/her notary statements
for each specific contract or transaction.
Article 23. Notary record
books and numbers
1. Notary record books are used to monitor and
manage notarial acts performed in notary practicing organization. Notary record
books are written continuously in order of page without any page left blank,
with a seal on the margin of each consecutive page (and performed on an annual
basis). At the end of year, the notary record book is closed for making
statistical report on notary work performed in the year; head of the notary
practicing organization shall confirm, sign his/her name and affix a seal.
Notary record books are designed according to
forms including notary record books for contracts, transactions and
translation.
2. Notary numbers are ordinal numbers recorded
in notary record books accompanied by book numbers, year of notary performance
and signs of notary acts (contracts, transactions, translation) Ordinal numbers
recorded in notary record books must be consecutively numbered from 01 till the
end of year; if one notary record book is full before end of the year, another
book shall be used with ordinal number in succession to the number of previous
book.
Numbers recorded in notarized documents are the
numbers corresponding to notary numbers recorded in notary record books.
3. Any notary practicing organization that
applies information technology to notarization must ensure adequacy of
information according to notary record book forms. Regularly on a monthly
basis, the notary practicing organization must make it a book with a seal on
the margin of each consecutive page; at the end of December 31 annually,
combine them into one (01) notary record book by kind of notary work performed
in a year. Formulation and recording of notary record books are instructed in
accordance with Clauses 1, 2 of this Article.
Article 24. Formulation,
management and use of notary record books in notarial activities
1. Notary practicing organizations must
formulate, preserve and store the following record books:
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b) Logbooks for use of labor
Logbooks for use of labor must contain dates of
opening and closing book with a seal on the margin of each consecutive page;
c) Archives and records books, accounting and
financial books and other record books according to the law provisions;
2. Formulation, preservation and storage of all
kinds of record books as prescribed in Clause 1 of this Article are instructed
in accordance with regulations of the Law on archives, statistics, taxes,
finance; the Law on Notarization and other relevant law provisions.
Article 25. Reports on
organization and operation of notarization
1. Annually, the Service of Justice shall be
responsible for reporting organization and operation of notarization in the
locality to People’s committees of provinces.
Apart from regular reports, the Service of
Justice shall be also responsible for reporting organization and operation of
notarization in the locality at the request of the Ministry of Justice or
People’s committees of provinces.
2. Annually, People’s committees of provinces
shall be responsible for reporting organization and operation of notarization
in the locality to the Ministry of Justice.
Apart from regular reports, People’s committees
of provinces shall be responsible for making the report to the Ministry of Justice
on formulation, conversion and dissolution of notary offices, permission for
establishment, consolidation, merger, transfer of private notary offices in the
administrative division as prescribed in Clause 1, Article 70 of the Law on
Notarization;
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a) Situations of organization and operation of
notarization in locality:
b) Advantages, disadvantages, and difficulties during
the organization and operation of notarization;
c) Assessment of state administration for
organization and operation of notarization in the locality; proposals,
petitions and solutions for increasing efficiency and effectiveness of state
administration;
4. Annual reporting period starts from January
01 to end of December 31.
Article 26. Inspection of
organization and operation of notarization
1. The Service of Justice shall be responsible
for helping People’s committees of provinces carry out inspection of
organization and operation of notarization in the locality on an annual basis
or at the request of the Ministry of Justice or People’s committees of
provinces.
2. Bureau of Judicial Affairs Support shall be
responsible for helping the Ministry of Justice carry out inspection of
organization and operation of notarization in localities.
3. Regular inspection must be planned; time and
content of inspection must be notified in writing to entities subject to
inspection 10 working days at the latest before inspection.
Article 27. Investigation
into organization and operation of notarization
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2. The Service of Justice shall be responsible
for helping People’s committees of provinces carry out investigation into
organization and operation of notarization in the locality.
3. Investigation into organization and operation
of notarization is instructed in accordance with the Law on Investigation, the
Law on Notarization and other relevant law provisions.
Chapter V
IMPLEMENTARY PROVISION
Article 28. Attached forms
Enclosed herewith includes:
1. Request form for recognition of equivalence
in notary career training (Form TP-CC-01).
2. Registration form for participation in notary
career training (Form TP-CC-02);
3. Request form for appointment of notary (Form
TP-CC-03);
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5. Request form for re-appointment of notary
(Form TP-CC-05);
6. Registration form for notary practice and
issuance of notary cards to notaries (Form TP-CC-06);
7. Request form for re-issuance of notary cards
to notaries (Form TP-CC-07);
8. Request form for establishment of private
notary office (Form TP-CC-08);
9. Registration form for operation of private
notary office (Form TP-CC-09);
10. Request form for change of registered
activities of private notary office (Form TP-CC-10);
11. Request form for conversion of private
notary office (Form TP-CC-11);
12. Written approval for conversion of notary
office private notary office (Form TP-CC-12)
13. Written approval for establishment of
private notary office (Form TP-CC-13)
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15. Written approval for consolidation of
private notary office (Form TP-CC-15)
16. Written approval for merger of private
notary office (Form TP-CC-16)
17. Written approval for transfer of private
notary office (Form TP-CC-17);
18. Certificate of private notary office
registration (Form TP-CC-18);
19. Signboards of notary practicing organization
(Form TP-CC-19);
20. Sample notary statements for contracts,
transactions (Form TP-CC-20);
21. Sample notary statements for translation
(Form TP-CC-21);
22. Notary record books contracts, transactions
(Form TP-CC-22);
23. Notary record books for translation (Form
TP-CC-23);
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Article 29. Transitional
clause
1. Persons who complete notary career practice
probation before January 01, 2015 shall not submit copy of certificate of
performance of notary practice probation upon request for appointment of
notary.
2. Persons who are dismissed as notaries by
personal aspiration or moved to other jobs before January 01, 2015 shall be
considered for re-appointment of notaries as prescribed in Clauses 1, 4,
Article 16 of the Law on Notarization. Persons who are re-appointed must submit
one (01) set of documentation directly or by post to the Serivce of Justice.
3. Any notary who was appointed before the
effective date of this Circular needs to change place of practicing
notarization, the notary practicing organization where such notary moves to
shall perform registration for notary practicing and issuance of notary cards
to such notary as prescribed in Article 4 hereof.
Any notary of public notary office who retires
or resigns by personal aspiration no more than one year shall still hold his
title as a notary and is able to establish private notary office or practice
notarization at a private notary office in operation. The time from issuance of
decision on retirement or resignation to the submission of registration for
notary practicing and issuance of notary card to such notary is no more than
one year as prescribed in Article 4 hereof.
4. The notary card issued by the Ministry of
Justice shall remain valid; in case the notary changes his place of practicing,
loses or damages his notary card, the notary practicing organization shall
request registration for notary practice and issuance of notary card to such
notary as prescribed in Article 4 hereof. Number of the notary card issued to
the notary shall be the number granted by the Service of Justice. The Service
of Justice’s decision on issuance of notary card to the notary must specify
revocation of the notary card previously issued by the Ministry of Justice.
Article 30. Effect
1. This Circular takes effect since August 01,
2015.
2. The Ministry of Justice’s Circular No.
11/2011/TT-BTP dated June 27, 2011 instructing implementation of a number of
articles on notaries, organization and operation of notarization, state
administration for notarization, and the Ministry of Justice’s Decision No.
01/2008/QĐ-BTP dated February 20, 2008 promulgating a number of specimen
documents used in notary activities shall become invalid since the effective
date of this Circular.
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PP THE
MINISTER
DEPUTY MINISTER
Nguyen Thuy Hien