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MINISTRY OF
JUSTICE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 01/2021/TT-BTP
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Hanoi, February
3, 2021
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CIRCULAR
ON
ELABORATION OF CERTAIN ARTICLES AND IMPLEMENTATION OF NOTARIZATION LAW
Pursuant to the Law on Notarization dated June
20, 2014;
Pursuant to the Government’s Decree No.
29/2015/ND-CP dated March 15, 2015 on elaboration and guidelines for certain
articles of the Notarization Law;
Pursuant to the Government’s Decree No. 96/2017/ND-CP
dated August 16, 2017 defining functions, tasks, entitlements and
organizational structure of the Ministry of Justice;
At the request of Director of Department of
Judicial Assistance,
The Ministry of Justice promulgates a Circular
on elaboration of certain articles and implementation of Notarization Law.
Chapter I
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Article 1. Scope
This Circular set forth appointment of notaries,
registration of notarization professional practice; notary training; notary
refresher courses; annual notary refresher courses; notary organization and
operation; forms of notarization practice.
Article 2. Regulated entities
This Circular applies to notaries, notarial
practice organizations, socio-professional organizations of notaries,
notarization authorities, and relevant individuals, agencies and organizations.
Chapter II
APPOINTMENT OF NOTARIES,
REGISTRATION OF NOTARIZATION PROFESSIONAL PRACTICE
Article 3. Appointment of
notaries
1. An applicant for appointment as notary as
prescribed in clause 1 Article 12 of the Notarization Law shall submit an
application in person or by post to the Department of Justice where the
applicant registers notarization practice.
2. Proof of persons exempted from notary training
as prescribed in clause 1 Article 10 of the Notarization Law is one of the
following documents:
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b) A decision on appointment of the title of
Professor, Associate Professor of Law, Doctorate Degree of Law; in case the
Doctorate Degree of Law is granted by a foreign educational institution, the
degree must be recognized according to the regulations of the Ministry of
Education and Training;
c) A decision on appointment of senior examiner of
the court branch and senior examiner of the procuracy branch; senior expert,
senior researcher, senior lecturer in the field of law;
d) Lawyer practicing certificate and lawyer’s card,
accompanied by proof of lawyer practicing time of 5 years or more;
dd) Other documents the person is exempt from
notarization training as prescribed by law.
The documents specified in this Clause are
certified copies or photocopies enclosed with the originals for comparison.
3. Document proving the working time of legal
practices as prescribed in Clause 2, Article 8 of the Notarization Law is one
or several of the following documents:
a) Documents specified at Points a, b and c, Clause
2 of this Article;
b) Decision on recruitment, decision on rotation,
transfer, public employment contract or non-public employment contract enclosed
with documents proving the time of payment of social insurance premiums in
conformity with the legal position vacancy or the contract;
c) Lawyer practicing certificate, lawyer’s card,
auction license, liquidator practicing certificate, decision on appointment of
a bailiff together with documents proving the time of payment of social
insurance premiums in conformity with the position;
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4. The applicant for appointment as notary shall be
liable for the accuracy, authenticity, and lawfulness of the documents and
information declared in the application for appointment of notary. Where
necessary, the Department of Justice or the Ministry of Justice shall verify
the accuracy, authenticity, and legitimacy of documents and information in the
application.
Article 4. Notarial practice
registration and notary card issuance
1. A notarial practice organization shall submit,
in person or by post, 01 set of application for notarial practice registration
and issuance of notary cards to its notaries to the Department of Justice where
its operation is registered. The application includes the following documents:
a) An application for notarial practice
registration and issuance of notary cards (Form TP-CC-06);
b) The decision on appointment or re-appointment of
notary (certified copy or photocopy enclosed with the original for comparison);
c) 01 portrait photo of the size of 2cm x 3cm of
the notary seeking the notarial practice registration and the notary card
(taken not more than 06 months before the date of application);
d) Documents proving that the notary is a member of
the local Notary Association (if there is no notary association in the local
area, the document proving that the notary is a member of the Vietnam Association
of Notaries shall be submitted);
dd) Documents proving the notary's place of
residence in the province or centrally affiliated city where the notarial
practice organization registers its operation;
e) The decision on revocation of lawyer practicing
certificate, auction license, decision on dismissal of bailiff, documents
proving termination of other regular jobs; documents proving that the
Department of Justice has de-registered the practice at the previous notarial
practice organization or the written commitment that the notary has not yet
registered for notarial practice since the appointment or re-appointment as a
notary.
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The notary card template shall be issued by the
Ministry of Justice.
2. Notaries may only sign notarized documents after
they have been registered with the Department of Justice to practice and issued
with notary cards.
After being registered to practice and granted a
notary's card, a notary may not work under a public employment contract or
non-public employment contract at any enterprises, agencies, or organizations;
not hold the title of leader of any socio-political organizations,
socio-political-professional organizations or does any jobs that often require
working during office hours.
Article 5. Notarial practice
de-registration and notary card revocation
1. Within 07 working days from the effective date
of the decision on dismissal of a notary, or within 5 working days from the
date on which the notice from the notarial practice organization informing that
a notary no longer practices at that organization is received, the Department
of Justice with which that notary previously registered his/her practice shall
issue a decision to de-register the practice and revoke the notary's card; in
case of refusal, it must be notified in writing, clearly stating the reason.
Within 03 working days from the date of
de-registration decision, the Department of Justice shall send the decision to
the person whose practice is de-registered and the notarial practice
organization where he/she practices, and further post it on the notary
management software of the Ministry of Justice and the website of the
Department of Justice, details about the notary, including full name, name of
the notarial practice organization, the time when the notary has his/her
practice de-registered and his/her notary's card revoked.
2. When carrying out the procedures for termination
of operation as prescribed at Points a and c, Clause 1, Article 31 of the
Notarization Law, the private notary office shall request the Department of
Justice to de-register the practice and revoke the cards from the notaries in
its office.
If a private notary office terminates its operation
according Point b, Clause 1, Article 31 of the Notarization Law, within 5
working days from the date on which the decision on revocation of the
permission for establishment of the private notary office takes effect, the
Department of Justice shall issue a decision to de-register the practice and
revoke notary's cards.
If a public notary office may convert or dissolve
according to Article 21 of the Notarization Law, within 3 working days from the
date on which the decision on conversion or dissolution of the public notary
office takes effect, the Department of Justice shall issue a decision to
de-register the practice and revoke notary's cards.
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3. The notary card is no longer valid from the
effective date of the decision on practice de-registration and revocation of
the notary card. The person whose notarial practice has been de-registered
shall return the notary card to the Department of Justice which has issued the
decision on practice de-registration and revocation of the notary card; the
Department of Justice shall receive the notary's card and destroy it according to
regulations thereafter.
Article 6. Re-issuance of
notary cards
1. Notaries seeking re-issuance of notary cards
under Clause 2, Article 36 of the Notarization Law shall submit 01 set of
application in person or by post to the Department of Justice where their
practice is registered. The application includes the following documents:
a) Application for re-issuance of notary card (Form
TP-CC-07);
b) 01 portrait photo of size 2cm x 3cm (taken not
more than 06 months before the date of application submission);
c) The notary's card in use (in case the card is
damaged).
2. Within 05 working days from the date of receipt
of a complete and valid application, the Department of Justice shall re-issue a
notary's card to the notary; in case of refusal, it must be notified in
writing, clearly stating the reason.
3. The re-issued notary card will keep the card
number previously issued.
Chapter III
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Section 1. NOTARY TRAINING
Article 7. Notary training
institution, notary training curriculum
1. The notary training institution, under Article 9
of the Notarization Law, is the Judicial Academy affiliated to the Ministry of
Justice.
2. The Judicial Academy shall take charge and
coordinate with the Department of Judicial Assistance in, formulating and
submitting to the Minister of Justice for promulgation of the notary training
curriculum.
Article 8. Recognition of
equivalence for those who attended notary training courses abroad
1. A person who attended a notary training course
abroad shall be entitled to equivalence recognition in any of the following
cases:
a) He/she has a certificate of notary training
course granted by an overseas training institution within the scope of an
Agreement on the equivalence of certificates or mutual recognition of
qualifications or relevant international treaties regarding certificates to
which Vietnam is a member;
b) He/she has a certificate of notary training
course issued by an overseas training institution the notary training
curriculum of which has been accredited by the quality accreditation agency of
that country or approved by the competent authority of that country to
establish and grant certificates.
2. The applicant for recognition of the equivalence
of certificate of notary training course abroad shall submit 01 set of
application in person or by post to the Ministry of Justice. The application
includes the following documents:
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b) A copy of the certificate and a copy of notary
training performance abroad, which have been consularly legalized, translated
into Vietnamese and the Vietnamese translation must be notarized or
authenticated according to the Vietnam’s law.
3. Within 30 days after receiving a complete and
valid application, the Minister of Justice shall issue a decision on
recognition of equivalence for the person who attended notary training abroad;
in case of refusal, it must be notified in writing, clearly stating the reason.
Section 2. NOTARY REFRESHER
COURSES
Article 9. Application for
registration of notary refresher course
1. A person who is exempt from notary training
under Clause 1, Article 10 of the Notarization Law shall submit 01 set of
application for registration of notary refresher course in person or by post to
the Judicial Academy. The application includes the following documents:
a) Application form for registration of notary
refresher course (Form TP-CC-02);
b) Documents proving that the person is exempt from
notary training specified in Clause 2, Article 3 of this Circular.
2. The Judicial Academy shall receive the
registration application and notify the list of eligible attendees of the
refresher course no later than 30 days before the course start date; in case of
refusal, it must be notified in writing, clearly stating the reason.
Article 10. Notary refresher
course contents
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2. Legal knowledge related to notarization
practice, including legal provisions on notarization, civil law and other
relevant legal provisions.
3. Code of ethics for notarial practice.
4. Skills in management, organization, and
administration of notarial practice organizations.
Article 11. Responsibilities
of the Judicial Academy
1. Take charge and coordinate with the Department
of Judicial Assistance in, formulating and submitting to the Minister of
Justice for promulgation of the notary refresher course curriculum.
2. Hold notary refresher courses in accordance with
the curriculum promulgated by the Minister of Justice.
3. Issue certificates of completion of notary
refresher courses to qualified attendees.
Section 3. ANNUAL NOTARY
REFRESHER COURSES
Article 12. Content and form
of annual notary refresher course
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a) Code of ethics for notarial practice;
b) Updated and supplementary legal knowledge on
notarization and other relevant laws;
c) Notary practice skills; skills in solving
problems in the process of notarial practice;
d) Skills in management, organization, and
administration of notarial practice organizations.
2. The refresher course is held in the form of
attendance course.
Article 13. Refresher course
providers
1. Refresher course providers include:
a) Association of Notaries;
b) Vietnam Association of Notaries;
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2. Notaries may choose to attend a refresher course
held by the Association of Notaries in another area or the Vietnam Association
of Notaries or the Judicial Academy.
Article 14. Attendance time in
a refresher course
1. The minimum attendance time in a refresher
course is 02 working days/year (16 hours/year).
2. A notary falling under one of the following
circumstances shall be recognized to have fulfilled his/her obligation to
attend a refresher course in that year:
a) He/she has a research article on notarization
law and notarization-related law published in a domestic or foreign law
journal; he wrote or jointly wrote a published book or textbook on
notarization;
b) He/she has taught notarization subject at the
Judicial Academy; has given lectures at refresher courses held by the
organization specified in Clause 1, Article 13 of this Circular;
c) He/she attended a notarization refresher course
abroad;
d) He/she acted as a reporter in a training program
or seminar concerning the contents specified in Clause 1, Article 12 of this
Circular held by the Department of Judicial Assistance, the Department of
Justice. In case a notary who is not a reporter attends a training program or
seminar specified at Point d of this Clause, one day of attendance shall be
counted as 08 hours of refresher course, from 02 days or more is counted as
completing the obligation to attend the refresher course. The Department of
Judicial Assistance, the Department of Justice shall issue a certificate to the
notary, clearly stating the number of days of attendance.
3. The following cases are exempt from the
obligation to attend a refresher course during the year:
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b) Notaries who are subject to long-term treatment
at health facilities for diseases on the list of diseases with long-term
treatment prescribed by the Ministry of Health for 3 months or more, with a
certificate from a health authority of district level or equivalent or higher.
Notaries shall submit documents proving that they
fall under one of the cases specified at Points a and b of this Clause to the
Department of Justice where they register their practice by December 15 every
year to make a list of notaries exempt from the obligation to attend the
refresher course in that year.
Article 15. Documents
certifying the performance of the obligation to attend refresher course
1. Documents certifying the performance of the obligation
to attend refresher course include:
a) Certificate of attendance in refresher course,
issued by the refresher course provider specified in Clause 1, Article 13 of
this Circular;
b) Journals, books, and textbooks that have been
published under the provisions of Point a, Clause 2, Article 14 of this
Circular;
c) A written certification or document certifying
that they have participated in the activities specified at Points b, c and d,
Clause 2, Article 14 of this Circular.
Written certification or certification paper for
the case specified at point c, clause 2 Article 14 of this Circular must be
consular legalized, translated into Vietnamese and the Vietnamese translation
must be notarized or authenticated.
2. Notaries who fulfill their obligation to attend
the refresher course shall submit a copy of one of the documents specified in
Clause 1 of this Article to the Department of Justice where they have
registered their practice no later than December 15 of each year to establish a
list of notaries who have completed the obligation to attend refresher course
in that year.
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Article 16. Responsibilities
of refresher course providers
1. The refresher course providers specified in
Clause 1, Article 13 of this Circular have the following responsibilities:
a) Formulate and announce their refresher course
plan before January 30 of each year;
b) Prepare contents, curriculum, and other
necessary conditions and hold refresher courses according to the announced plan;
c) Issue certificates of completion of notary
refresher course (Form TP-CC-11);
d) Collect, manage and use refresher course fees in
accordance with law;
dd) Make and post on their website a list of notaries
who attended refresher courses at their premises each year.
2. The Vietnam Association of Notaries has the
following responsibilities:
a) Perform the tasks of the refresher course
provider specified in Clause 1 of this Article;
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c) Guide, summarize, and evaluate the
implementation of refresher course by the Association and the notary
associations;
d) Guide the collection, management, and use of
fees for refresher course of notary unions in accordance with law.
Article 17. Dealing with
breaches of notaries and refresher course providers
1. A notary who breaches the obligation to attend
refresher course shall, depending on the nature and seriousness of his/her
breach, be disciplined according to the regulation of Vietnam Association of
Notaries, and be sanctioned for administrative violation in accordance with the
provisions of the law.
2. A refresher course provider that breaches the
provisions of this Circular shall, depending on the nature and seriousness of
the breach, be administratively handled in accordance with law.
Chapter IV
NOTARIAL ORGANIZATION
AND OPERATION
Article 18. Termination of
general partner status and admission of new general partners of the private
notary office
1. A notary's general partner status in a private
notary office shall terminate in the following cases:
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b) Other cases as prescribed by the Law on
Enterprises related to partnerships.
2. The notary shall terminate his or her status as
a general partner according to Point a, Clause 1 of this Article when it is
approved in writing by at least three quarters of the total number of general
partners. The notary must notify in writing other general partners and the
Department of Justice where the private notary office has registered its
operation of the termination of the general partner status at least 6 months
before the expected date of termination. Within 2 years from the date of termination
of the general partner status, the person who has terminated the general
partner status according to his/her personal wish must still be jointly and
severally liable with all his/her assets for the debts of the private notary
office that had been incurred before the date of termination of the general
partner status.
If a notary terminates the status of a general
partner under the provisions of point b of this clause, the termination shall
comply with the provisions of Article 185 of the Law on Enterprises.
3. The admission of new general partners to the
private notary office shall comply with the provisions of Article 27 of the
Notarization Law and Article 186 of the Law on Enterprises.
Article 19. Application for
modification to operation of private notary office
1. The private notary office that requests to
modify its operation registration as prescribed in Article 24 of the Law on
Notarization or the private notary office as acquirer or private notary office
as transferee shall submit in person or by post 01 set of application to the
Department of Justice where the private notary office registered its operation.
The application includes an application form for
modification to operation registration of the private notary office (Form
TP-CC-10), the original copy of the operation registration certificate of the
private notary office and one or some of the following documents: depending on
the type of modification:
a) In case the private notary office admits a new
notary: The written consent of the general partner notaries in the case of the
admission of a new notary or the employment contract in the case of the
admission of the notary under employment contract regime attached to the
application for practice registration and issuance of notary card;
b) In case the private notary office excludes a
notary: The written consent of the general partner notaries and a notice of the
termination of the general partner's status as prescribed in Clause 2, Article
18 of this Circular or a document proving the notary's termination of the
general partner's status in the case specified at Point b. Clause 1, Article 18
of this Circular or the decision on dismissal of the notary or the document on
termination of the employment contract with the notary under the employment contract
regime;
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d) In case of change of head office address of the
private notary office: a document proving the new head office;
dd) In case of changing the name of the private
notary office: the written agreement of the general partners on the change of
the name of the private notary office;
e) In case of merger of a private notary office:
The documents specified in Clause 4, Article 14 of Decree No. 29/2015/ND-CP; in
case of transfer of the private notary office: The documents specified in
Clause 3, Article 15 of Decree No. 29/2015/ND-CP.
2. Within 07 working days from the date of receipt
of a complete application specified in Clause 1 of this Article, the Department
of Justice shall re-issue the operation registration certificate to the private
notary office that changes its name or head office address, the head of office
or records the modification in the operation registration certificate for the
private notary office to change the list of notary partners or notaries working
under the employment contract regime; in case of refusal, it must be notified
in writing, clearly stating the reason.
The re-issued operation registration certificate
retains the previously issued number.
Article 20. Termination of
private notary office operation
1. The termination of operation of a private notary
office shall comply with the provisions of Article 31 of the Notarization Law.
2. In case the private notary office terminates its
operation by itself, within 07 working days from the date on which the private
notary office completes the procedures for operation termination as prescribed
in Clause 2, Article 31 of the Notarization Law, the Department of Justice
shall revoke the operation registration certificate of the private notary
office.
Article 21. Handing over
notarization documents in case of appointing a notarial practice organization
to receive documents
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2. Within 60 days from the date of issuance of the
decision to dissolve the private notary office or the decision to revoke the
operation registration certificate of the private notary office as prescribed
in Clause 1 of this Article, the Department of Justice shall hand over the
notarization documents to the organization designated to receive notarization documents.
The handover of documents requires participation of the Notary's Association in
the local area where the Notary's Association is located and must be recorded
in writing, signed and sealed by the Department of Justice and the involved
parties; in case the transferor does not sign, it shall be clearly recorded in
the minutes.
3. If an individual or organization that is obliged
to hand over notarization documents fails to hand them over or is unable to
hand them over for legitimate reasons, the Department of Justice shall
coordinate with relevant local agencies in handing over the documents to the
designated notarial practice organization. The handover of notarization
documents must be made in writing as prescribed in Clause 2 of this Article.
Article 22. Interpreter
collaborators of notarial practice organizations
1. Interpreter collaborators of notarial practice
organizations must fully satisfy the criteria specified in Clause 1, Article 61
of the Notarization Law.
In case the interpreter collaborator has registered
a signature specimen at the notarial practice organization for which he/she
works as a collaborator, he/she may sign the translation in advance; The notary
must compare the actual signature of the interpreter collaborator with the
signature specimen before bearing the notarial certificate and signing each
page of the translation.
2. Rights and obligations of the notarial practice
organization:
a) Sign a contract with an interpreter
collaborator, clearly defining the collaborator's responsibilities for the
content, translation quality, remuneration, rights and obligations of the
parties;
b) Notify in writing to the Department of Justice
where the notarial practice organization registers its operation the list of
interpreter collaborators within 05 working days from the date of signing the
contract with the collaborator;
c) Pay interpreter remuneration as agreed with the
interpreter collaborators;
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dd) Make restitution for any damage caused and
claim reimbursement from interpreter collaborators according to Article 38 of
the Notarization Law;
e) Other rights and obligations as agreed with the
interpreter collaborators or as prescribed by law.
3. Rights and obligations of interpreter
collaborators:
a) Receive interpreter remuneration as agreed with
the notarial practice organization;
b) Take responsibility for the accuracy and
properness of the content of the translation made by them;
c) Refund the restitution that the notarial
practice organization has made for damage caused by the interpreter
collaborator’s fault according to Article 38 of the Notarization Law;
d) Comply with the provisions of the law on
translation and the working rules of the notarial practice organization;
dd) Other rights and obligations as agreed with the
notarial practice organization or as prescribed by law.
Article 23. Notarization
database
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2. The built notarial database must ensure safety,
security, convenience in extraction and use, and be able to connect with other
relevant database.
3. Funding for the building of the notarial
database shall be allocated from the local budget, contributions from notarial
practice organizations, notaries and other sources from private sector
involvement.
4. Regulations on extraction and use of notarial
database must clearly specify responsibilities of relevant individuals,
agencies, and organizations in managing, providing, and updating information in
the database, the extraction, and use of the database and the cost thereof.
Article 24. Notarial
certificates of notaries
1. The notarial certificate of a notary is an integral
part of the notarized document.
2. The samples of notarial certificates are issued
together with this Circular, including:
a) The notarial certificate generally applicable to
contracts (transactions); notarial certificate applicable to the authorization
contract in case the mandator and the authorized party cannot go to the same
notarial practice organization to sign the contract; notarial certificate
applicable to will and amendments thereto; notarial certificate applicable to
agreement on division of estate/claim of estate; notarial certificate
applicable to waiver of estate;
b) The notarial certificate applicable to the
translation.
3. Pursuant to the provisions of Clause 1, Article
46 and Clause 3, Article 61 of the Law on Notarization, the samples of notarial
certificates and notes on how to write notarial certificates issued together
with this Circular, the notary shall draft appropriate notarial certificate in
conformity with each specific contract or transaction.
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Article 25. Notarial journal
and notarial reference number
1. Notarial journal is used to keep records of and
manage notarial acts at a notarial practice organization. The notarial journal
is made annually, the date of opening of the journal entry is January 1, and
the closing date is December 31. The journal must be numbered and written
consecutively in the order from 01 to the end of the journal. No line or page
is left blank and the journal entries must bear fan stamp in accordance with
the law.
At the end of the year, the notarial practice
organization must close its journal and make statistics of the total number of
notarial acts performed in the year; the head of the notarial practice
organization shall certify, sign, clearly write his/her full name and stamp in
the journal.
The notarial journal is made according to the form,
including the notarial journal for contracts and transactions (Form TP-CC-27)
and notarial journal for translations (Form TP-CC-28).
2. Notarial reference number is the ordinal number
recorded in the notarial journal, enclosed with the journal volume, year of
notarial act and the symbol of the type of notarial act (contract, transaction,
translation). The ordinal numbers recorded in the notarial journal must be
recorded continuously from the number 01 until the end of the year, the numbers
must not be accompanied by letters; in case another journal is used while the
year is not over yet, the next ordinal number of the previous book must be
taken.
The reference number recorded in the notarized
document is the same number recorded in the notarial journal.
3. In case a notarial practice organization sets up
an electronic notarial journal, it must print and bind it into a physical
journal, affix the fan stamp on the monthly basis as prescribed by law.
Journal-making, journal-entry and journal -closing shall comply with the
provisions of Clauses 1 and 2 of this Article.
Article 26. Making, managing
and using books in notarization activities
1. The notarial practice organization must make,
store and archive the following types of books:
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b) Logbook of personnel (Form TP-CC-29).
The logbook of personnel must have the date of
opening and closing and be affixed with a fan stamp as prescribed by law;
c) Records, archives, accounting and financial
books and other types of books as prescribed by relevant laws.
2. The making, storage and archival of all kinds of
books as prescribed in Clause 1 of this Article must comply with the law on
notarization, archiving, statistics, taxation, finance and other relevant legal
provisions.
Article 27. Reports on
notarial organization and operation
1. The People’s Committee of province shall report
to the Ministry of Justice on notarial organization and operation in the
province; the report's contents are included in the annual report on judicial
performance results sent to the Ministry of Justice.
2. Report contents on notarial organization and
operation in the province includes the following key issues:
a) The situation of notarial organization and operation
in the province: Number of notaries and notarial practice organizations; the
registration of practice, issuance of notary cards; the practice
de-registration, revocation of notary's cards; operation results of notarial
practice organizations (total number of notarial and authentication acts,
amount of fees, notarial remuneration, authentication fees and other expenses);
b) The establishment, conversion and dissolution of
the public notary office; permission for the establishment and relocation of the
head office from a district to another district; consolidation, merger,
transfer, termination of operation of the private notary office (if any);
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d) Evaluation of the state management of notarial
organization and operation in the province; proposals, recommendations and
solutions to improve the efficiency and effectiveness of state management.
Article 28. Examination of
notarial organization and operation
1. The Department of Justice shall assist the
People's Committee of the province in examining the notarial organization and
operation in the province. The Department of Justice shall carry out unscheduled
examination at the request of the People's Committee of the province, the
Ministry of Justice or in case of detecting signs of law violation, and
settlement of complaints and whistleblowing reports.
The Department of Judicial Assistance assists the
Minister of Justice in examining notarial organization and operation
nationwide. The Department of Judicial Assistance shall carry out unscheduled
examination at the request of the Minister of Justice or in case of detecting
signs of law violation, and settle complaints and whistleblowing reports.
Periodic examination must be planned; the
examination time and checklist must be notified in writing to the examined
entity at least 15 days before the date of inspection.
2. The examination focuses on the following primary
matters:
a) For notarial practice organizations: The
operation registration, practice registration and issuance of notary cards; the
settlement of notarization requests; the making, management, use and storage of
books and related documents, records and documents; comply with regulations on
reporting, labor, tax, finance, accounting, statistics and the exercise of
other rights and obligations of notarial practice organizations, notaries
practicing in organizations according to regulations of the Law on
Notarization, its guiding documents and relevant laws.
b) For notarial socio-professional organizations:
Admission and withdrawal from the list of members; refresher courses;
resolution of complaints, whistleblowing reports; discipline actions; the
implementation of regulations of law on reporting, finance, accounting,
statistics and the performance of other duties and powers of notarial
socio-professional organizations in accordance with the Notarization Law,
guiding documents, the Charter of the Association of Vietnamese Notaries and
relevant laws.
c) For the Department of Justice: The formulation
of the scheme on the establishment of the public notary office, the
establishment of the private notary office; issuance, re-issuance and
revocation of operation registration certificates of private notary offices;
practice registration and issuance of notary cards; management of notarial
practice probation; inspection, examination, periodical and ad-hoc reports;
making, managing and using books; management and operation of the notarial
database and performance of other duties and powers in accordance with the
Notarization Law, its guiding documents and relevant laws.
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a) Strictly comply with the checklist and time
limit stated in the examination decision;
b) Extension of examination where necessary (the
maximum extension time is equal to the examination period announced
previously);
c) Request the examined entity to provide
information, documents related to the examination checklist;
d) Make examination records, prepare examination
result reports, and take responsibility for the accuracy, truthfulness, and
objectivity of such records and reports;
dd) Handle according to its competence in case violations
of notarial organization and operation are detected;
e) Confidentiality of information related to the
examination process as prescribed by law.
4. An examined entity has the following rights:
Request the examination team members and related agencies and organizations to
keep information confidential during the examination in accordance with law;
receive examination records and request explanations of examination minutes'
contents; reserve opinions in the examination report; refuse to provide information,
documents, and records unrelated to the examination checklist, unless otherwise
provided for by law; whistleblow illegal acts in the course of examination and
have other rights as prescribed by law.
An examined entity has the following obligations: Abide
by the issued examination decision; provide timely, complete and accurate
information, documents, records and documents related to examination checklist
at the request of the examination team and take legal responsibility for the
accuracy and truthfulness of information, documents, records and documents
provided; sign the examination report after the examination ends; comply with
the decision of the examination team and perform other obligations as
prescribed by law.
5. Procedures for examination are conducted as
follows:
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b) Compare, examine and evaluate the report's
contents and presented books, documents in accordance with law;
c) Make an examination record on notarial
organization and operation after the examination is over;
d) Handle according to their competence or request
competent authorities to take actions against law violations in notarial
organizations and operation (if any).
Article 29. Inspection of
notarial organization and operation
1. The Department of Judicial Assistance, the
Inspectorate of the Ministry shall assist the Minister of Justice in inspecting
notarial organization and operation.
2. The Department of Justice shall assist the
People's Committee of the province in inspecting the notarial organization and
operation in the province.
3. The inspection of notarial organization and
operation shall be carried out in accordance with the law on inspection, the law
on notarization and other relevant laws.
Chapter V
IMPLEMENTATION
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Promulgate together with this Circular the
following forms of documents and books:
1. Application for recognition of notary training equivalence
(Form TP-CC-01);
2. Application for registration of notary refresher
course (Form TP-CC-02);
3. Application for appointment of notary (Form
TP-CC-03);
4. Application for dismissal of notary (Form
TP-CC-04);
5. Application for re-appointment of notary (Form
TP-CC-05);
6. Application for notarial practice registration
and issuance of notary card (Form TP-CC-06);
7. Application for re-issuance of notary card (Form
TP-CC-07);
8. Application for establishment of a private
notary office (Form TP-CC-08);
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10. Application for modification to operation of
private notary office (Form TP-CC-10);
11. Certificate of completion of notary refresher
course (Form TP-CC-11);
12. Decision on practice registration and issuance
of notary card (Form TP-CC-12);
13. Decision on practice de-registration and
revocation of notary card (Form TP-CC-13);
14. Permission for conversion from public notary
office into private notary office (Form TP-CC-14);
15. Permission for establishment of private notary
office (Form TP-CC-15);
16. Permission for consolidation of private notary
office (Form TP-CC-16);
17. Permission for merger of private notary office
(Form TP-CC-17);
18. Permission for transfer of private notary
office (Form TP-CC-18);
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20. Sample signboard of notarial practice
organization (Form TP-CC-20);
21. Sample of notarial certificate generally
applicable to transaction contracts (Form TP-CC-21);
22. Sample of notarial certificate applicable to
the authorization contract in case the mandator and the authorized party cannot
personally appear before the same notary practice organization (Form TP-CC-22);
23. Sample of notarial certificate applicable to
will and amendments thereto (Form TP-CC-23);
24. Sample of notarial certificate applicable to
agreement on division of estate/claim of estate (Form TP-CC-24);
25. Sample of notarial certificate applicable to
waiver of estate (Form TP-CC-25);
26. Sample of notarial certificate applicable to
translation (Form TP-CC-26);
27. Notarial journal for contracts and transactions
(Form TP-CC-27);
28. Notarial journal for translations (Form
TP-CC-28);
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Article 31. Grandfather clause
1. A person who has completed their notarial
practice probation before January 1, 2015 is not required to submit a copy of
the certificate of results of the notarial practice probation test when seeking
the appointment as a notary.
2. A person who has been dismissed from duty as a
notary according to his/her personal wish or transferred to another job before
January 1, 2015 may be considered for re-appointment as a notary according to Clauses
1 and 4, Article 16 of the Notarization Law. The person seeking the
re-appointment shall submit 01 application in person or by post to the
Department of Justice where he/she applied for the appointment as a notary.
The re-appointment of a person who is dismissed
from duty as a notary before January 1, 2015 shall comply with the provisions
of Clauses 2 and 4, Article 16 of the Notarization Law.
3. If a notary who has been appointed before the
effective date of this Circular wishes to change his/her place of practice, the
notarial practice organization to which the notary is going to move shall carry
out the procedures for practice registration and issuance of notary card for
that notary as prescribed in Article 4 of this Circular.
A notary of a public notary office who retired or
quit his/her job according to the personal wish for no more than one year may
still hold the title of notary and participate in the establishment of a
private notary office or practice at a private notary office operating under
the Law on Notarization. The time limit shall not exceed one year from the
effective date of the decision on retirement or dismissal to the date on which
the private notary office submits the application for registration of practice
and issuance of notary card to that notary according to Article 4 of this
Circular.
4. The notary card issued by the Ministry of
Justice continues to be valid. In case a notary changes his/her place of
practice, the notary practice organization to which the notary is going to move
shall apply for practice registration and issuance of card to that notary
according to Article 4 of this Circular; in case the notary does not change the
notarial practice organization but loses or damages the card, the notary shall
apply for re-issuance of the card according to Article 6 of this Circular. A
notary card is issued or re-issued according to the card number of the
Department of Justice.
The decision on practice registration and issuance
of notary card issued by the Department of Justice must clearly state the
revocation of the notary card previously issued by the Ministry of Justice. The
notary shall submit to the Department of Justice the issued notary card to the
Department of Justice; in case the card is lost, he/she must report it to the
Department of Justice in writing.
Article 32. Entry in force
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2. Circular No. 06/2015/TT-BTP dated June 15, 2015
of the Minister of Justice on elaboration and guidelines for a number of
articles of the Law on Notarization ceases to be effective from the date of
entry into force of this Circular.
MINISTER
Le Thanh Long
